Many of the major justice inquires concerning the impact of the criminal justice system on Aboriginal peoples arose out of individual accounts of Aboriginal victimization fuelled by racist attitudes by non-Aboriginal people (for examples, the Manitoba Justice Inquiry of 1990 and the Osnaburgh/Windigo Justice Inquiry of 1990). To narrow this down this research, the essay will focus mainly on the overrepresentation of ethnic minorities in the sentencing stages of the Criminal Justice System, even though it is recognised that those of Asian background are only slightly overrepresented in the prison population in comparison to those of black background. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. The over-representation of Aboriginals in jail is within relation to their social status. A report into the Aboriginal deaths in custody indicates that a bias in the Australian criminal justice system is also to blame for the high number of Aboriginal prisoners. On the other hand, justice is the ultimate target that societies have endeavored, I entered law school secure in my foundation of knowledge on access to justice barriers inherent within the Canadian criminal justice system. The rate at which the over-representation of Aboriginal persons in the correctional system over time is partly accounted for by the growing Canadian Aboriginal population: the general Aboriginal population in Canada has increased by 20.1% between 2001 and 2006, while the federally incarcerated Aboriginal population rose by 19.7%. The first of these was the November 1987 trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba. According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique experiences and barriers that this group, Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System The Canadian government has mishandled the care of these people leading to the catastrophic over-representation of Aboriginal People in our justice systems. Canada’s treatment of its first citizens has been an international disgrace. Offenders were made to accept responsibility for their deviant actions. Running head: OVER-REPRESENTATION OF ABORIGINALS IN JUSTICE SYSTEM 17 McConnell, N. (2015). Most Aboriginal offenders enter the criminal justice The report also identifies gaps in the efforts to address overrepresentation and suggests potential ways to mitigate the problem. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. The dominant group must to understand that, is not good to force someone to change their cultural. Unless our Charter has no basis in law, out justice is seriously flawed. Toronto: Emond Montgomery Publications. Aboriginal Youth, the Criminal Justice System, and the Evolution into a Better Canada In a country where our education, laws, and overall societal structures are based on a colonial perspective, Harold Johnson offers an Aboriginal outlook on how First Nations people have lived and struggled under a colonialist Canada. It has failed the aboriginal people of this nation on a massive scale. Introduction In 2014, 28% of Indigenous people (aged 15+) reported being victimized in the previous 12 months, compared to 18% of non-Indigenous peopleFootnote 1. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. over-representation of Aboriginal youth in the juvenile justice system can be solely or even primarily explained by adverse discretionary decision-making. The Supreme Court of Canada noted the following in R. v. Gladue: Not surprisingly, the excessive imprisonment of aboriginal people is only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned. In response to the over-representation of Aboriginal people in the criminaljustice system, section 718.2(e) of the Canadian Criminal Code mandates consideration of background and systemic factors affecting Aboriginal offenders and culturally appropriate, community-based sanctions grounded in A boriginal justice raditions. How do Aboriginal Justice Strategy Programs such as Healing Lodges address the Social Problem of Over-representation of Young Aboriginal Offenders in Canada’s Criminal Justice System? Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. The need for government to work more closely with Aboriginal People to break the cycle of crime is crucial if society wants to see change. Retrieved from-racism-problem-is-at-its-worst/ Mignone, J., & O'Neil, J. 1. 2015 In 2006, Statistics Canada found that 21% of people sentenced to custody and 18.5% in federal institutions were in fact of aboriginal descent (King & Winterdyk, 2010, p. 63). Everyday Aboriginal youth face many problems including an over representation in Canada’s criminal justice system, poverty …show more content… Underlying Issues Among Aboriginal Youth Although Johnson discusses several subjects in his book, it is worth discussing one of … The experiences faced by Aboriginal people by the justice system have been described as Canada’s national disgrace (McMaster, 2011). The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. In J. Barker (Ed. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. The criminal justice system has made strides forward. The history of these, Reflective Essay : My Schedule For The Fall Semester Essay, Homelessness Is A Major Social Crisis Essay, The Ongoing Struggle Of Integrating Schools Essay, Evolution Of Cheerleading Into Modern Day Cheer Essay, Leadership Qualities Of A Good Leader Essay, Nurse Staffing And Patient Outcomes Essay, General Chemistry - Standalone book (MindTap Course List), Managerial Accounting: The Cornerstone of Business Decision-Making, Finite Mathematics and Applied Calculus (MindTap Course List), Contemporary Mathematics for Business & Consumers, Probability and Statistics for Engineering and the Sciences. This crisis is especially profound in the youth context. Nor does either piece of research make any claims in relation to Aboriginal adult imprisonment. Footnote 1 It examines the extent of overrepresentation, its underlying causes, and some initiatives taken to address the issue. There is virtually no literature or research that explains the high rate of Aboriginal victimization on a general level. Aboriginal Youth Essay. He has published widely on Aboriginal people and the criminal justice system, and is the co-author of Indigenous People and the Law in Australia (1995) and Juvenile Justice: An Australian Perspective (1995). Section 15. This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. Abstract. Indigenous females had an overall rate of violent victimization that was double that of Indigenous males and close to triple that of non-Indigenous females. The Canadian Constitution recognizes three groups of Aboriginal people Indians, Métis and Inuit. ... 'Self-government and the inalienability of aboriginal title.' More specifically, Ross looks at the meaning of living relationally, the circular vison culture, the impacts of colonialism of the western world on First Nations people, as well as how to bring awareness to non-native people of the tragedies that Aboriginals have and are still going through. How can we transform Canada’s criminal justice system to better address Indigenous over-representation? Societies regard the law as a tool that they use to get justice. Aboriginal women being over represented in the criminal justice system both as offenders and as victims of crimes. This is such ... ... justice system. La Prairie, Carol. Topic: Be it resolved that the Canadian justice system be significantly changed. For more than a century the rights of aboriginal people have been ignored and eroded. One theory of over-representation is the presence of systemic discrimination in judicial decision making. Over Representation Of Aboriginal And The Canadian Criminal Justice System Essay 1965 Words Dec 13, 2016 8 Pages Over-Representation of Aboriginal: Males in the Canadian Criminal Justice System According to Monchalin (2016), the affects of colonization and treatment of Indigenous community’s correlates to the over-representation of Aboriginal people in the criminal justice system. Over the past five years, the rate of Aboriginal youth (aged 10-17 years) under justice supervision decreased by 13.1 per cent (from 170.2 to 147.9 per 10,000) compared with a 34.8 per cent decrease among non-Aboriginal youth (from 16.2 to 10.6 per 10,000). In our society's criminal justice system, justice equals punishment. The Criminal Code considers the over-representation of Aboriginal people in the Canadian criminal justice system. While the Youth Criminal Justice Act (YCJA) has reduced Canada’s overall youth incarceration rate in recent years, the relative proportion of detained Aboriginal youth has actually increased. In this paper, I will examine what Indigenous incarceration looks like in Canada and the negative impacts state control over Aboriginal Women and the Criminal Justice System. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. The principal reason for this crushing failure is the fundamentally different world views of Aboriginal and non-Aboriginal people with (Find a price that suits your requirements), In Our Societys Criminal Justice System Justice Equals Punishment You, Aboriginal Self Government And The Canadian Justice System, The Continuant Domination Of The Aboriginal People. The present study examined sentencing decisions of open or closed custody and … Additionally, they are over – represented in the country’s criminal system. La Prairie’s main argument in this paper is that large Canadian cities affect the problem of over-representation in the criminal justice system. Furthermore, stating Aboriginal people are susceptible to risk factors, which can result in crime. The Court found that over-representation was “only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned.” In R. v. Ipeelee in 2012, the Court restated its findings in Gladue. Rupert Ross first focuses on the idea of relational living in his novel. Increasing Aboriginal over-representation in Victoria’s criminal justice institutions has the potential, in the absence of more appropriate responses, to further perpetuate social and economic exclusion, and compound losses of culture, family and purpose, for a growing number of Aboriginal people. Monchalin (2016), defines risk factors as influences which increase the probability of being exposed to victimization or crime. Is justice not intended for everyone? It is difficult not to concur with Ovide Mercredi’s assertion that the root causes of Aboriginal over-representation in the criminal justice system can be found in the poverty and marginalization of Aboriginal people. There is also a pattern we see across different indigenous groups around different countries who are also facing similar problems because of their 'native’ status, such as Maori from New Zealand, Aboriginals from Canada and Indians from the USA, just to name a few. 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