Canadian Justice System Failing Aboriginals

Canadian justice system failing aboriginals

Dekow Mohammed

NorQuest College

ENGL 2550 Section: A04

Instructor: Taylor Scanlon

Assignment 2b: Essay Outline Assignment

                Date: November 20, 2017

Introductory statement: The relationship between Aboriginal people and the Canadian criminal justice system is broken, and evidence is mounting that a radical change is necessary.

Thesis: Aboriginal communities should be involved in the justice system by increasing their presence in the administration of justice because it helps remove the systematic discrimination and outright racism, inequality and intolerance directed at the community since time immemorial.

     Summary of main ideas:

• History of Aboriginal justice system
• Over-representation in the penal institutions
• Restorative justice as alternative to incarceration
• Solutions
• Conclusion

                                        Main idea # 1 

Prior to colonization, Aboriginal people were autonomous and self-governed. They had no prisons, yet had fully functioning societies for thousands of years. The western European model of criminal justice was forcibly imposed upon them, as was the Canadian state itself. Secondly, the western European model, with individualism, is totally in compatible with traditional Aboriginal values of non- hierarchy community, healing and interdependence. Attitudes of racial and cultural superiority of Aboriginal culture and values. This led to the weakening of the community’s identity, suppressing their languages, culture and outlawing spiritual practices. Aboriginal were marginalized through colonization becoming victims of social injustices whose significant effects on the communities are being felt to this day.

Main idea # 2

Statistically, Aboriginal people in Canada are over represented in prisons throughout the country (Hayman, 2006, Perseault, 2009, Rhymes, 2008, Waldram, 1997). An aboriginal incarceration rate is an issue through the legacy of residential schools and has contributed to the current inflated numbers in the Canadian prisons today. (Waldram 1997). The reasons why Aboriginal people are over represented in the penal institutions range from denial of bail, spending more time in pre-trial detention, lawyers spending less time with their Aboriginal clients and Aboriginal offenders more than twice as likely as non-aboriginal people to be incarcerated.

                                                 Main idea # 3

Restorative justice is never beyond hope, it takes a community a well-being approach to conflict resolution. Rather than on, focusing on blame and punishment, restorative justice advocated righting wrongs through understanding, healing and social engagement. Restorative justice the alternative to incarceration can take many forms including community sentencing circles, victim-offender mediation, community service sweat and other cultural activities.

                                                Main idea # 4

Truth telling, transparency and restorative justice may allow police agencies to align with the values of Aboriginal communities support citizen empowerment and better carryout the public will. Ideally the police should mirror the ethnic composition of the community it serves. The police should be more involved in and accountable to the communities they serve without discrimination.

Cultural healing can be implemented in prisons by providing inmates with access to elders to perform ceremonies and provisions of sacred medicines and increase the number of healing lodges and general circles. Elders have long been considered as the ones who bridge between the ancient traditions and beliefs of the people and modern day influences that come into play in the day today lives. Equal recognition of Aboriginal spirituality within correctional institutionas should be secured by legislation granting Aboriginal elders status and freedom equal to that granted to chaplains.

 Assessing treaty rights in criminal courts and the development of clear and public policies concerning the preferred methods for determining Aboriginal and treaty rights. Solution must be designed specifically to eliminate and not to perpetuate historical injustices and that administration of justice to Aboriginal people is culturally appropriate. Solution must overcome any misunderstanding about and a general lack of appreciation of the cultural attributes of Aboriginal peoples, present within the administration of justice. Solutions must reduce the over-representation of Aboriginal people as individuals charged with offences and incarcerated in our penal institutions. Solution must increase the presence of Aboriginal people in the administration of justice as employees, administrators and managers of essential elements of the system, particularly in Aboriginal communities. Ensure delivery of equal and adequate justice to Aboriginal people in rural and remote communities. Aboriginal people to take advantage of available legal institutions and processes, despite their economic circumstances. Identify and remove systemic discrimination and outright racism from the justice system.