0000004927 00000 n Gladue Courts don't handle trials or preliminary hearings. Indigenous people are the most over-represented population in Canada’s criminal justice system. 0 %ÁEBCT|¨#ÚºÈ rÂô¨Øõ%äÀ FÄjë¶F It is crucial that the justice system have an Aboriginal … The rate of violent victimization among Indigenous people was more than double that of non-Indigenous people (163 incidents per 1,000 people vs. 74). 0000002707 00000 n 0000006996 00000 n %PDF-1.3 %âãÏÓ Gladue Courts deal with all criminal offences. Key decisions of the Supreme Court of Canada, and several reports on Indigenous people and the justice system, have concluded that Indigenous people face systemic discrimination throughout the criminal justice system (Rudin, 2005). "...a landmark Supreme Court of Canada decision, handed down on 23 April 1999, which advises that lower courts should consider an Indigenous offender's background and make sentencing decisions accordingly, based on section 718.2(e) of the Criminal Code." 0000003707 00000 n Many Aboriginal people who come in contact with the criminal justice system have a negative experience due to systemic barriers such as lack of knowledge of the system, cultural and language gaps and lack of council representation. Usually they only handle bail hearings and sentencing hearings. 0000006286 00000 n 0000007132 00000 n 2892 22 These explanations include: cultural theories, the colonial model, the trauma transmission, : examine the traits or way of life of a group to explain their involvement in the. National data on Indigenous people in the criminal justice system includes data on self-reported victimization , police-reported homicide, and provincial/territorial and federal custody. In the Aboriginal person’s powerlessness, he or she simply may wait passively, with head respectfully bowed, to receive the judgment of the court. Aboriginal: Aboriginal people and Canadian criminal law. For the issue of overrepresentation of Indigenous people in the CJS, Justice Canada and the SCC provided the young people with data that demonstrated Indigenous overrepresentation in Canada’s CJS, both as offenders and victims of crime. This article is within the scope of WikiProject Indigenous peoples of North America, a collaborative effort to improve the coverage of Native Americans, Indigenous peoples in Canada, and related indigenous peoples of North America on Wikipedia. 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 Criminal Code considers the over-representation of Aboriginal people in the Canadian criminal justice system. Overview. The Royal Commission on Aboriginal Peoples (RCAP) identified three viable explanations, each of which has a degree of currency in government thinking and academic literature: colonialism, socio-economic marginalization, and culture clash. 0000015367 00000 n This broke up the Indigenous Nations, gov… 0000002936 00000 n 0000004605 00000 n 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. As the only Indigenous justice program on PEI, providing restorative justice to all Indigenous people living on and off reserve, the MCPEI recognizes that there is more that needs to be done to support all Indigenous people involved in the criminal justice system. Reasons for the vast overrepresentation of Indigenous offenders and victims in the criminal justice system are discussed in this report. Aboriginal peoples are the most over-represented ethnicity in Canada’s criminal justice system. As a friend of mine recently remarked, for an Indigenous person to be guilty without trial seems like a colonial approach, but this issue can be addressed as Aboriginal courts evolve. xref =¹¢ &E4by¤ðèY«ÂÄrøfUðßZµ¢¹âpÙz´^×Úc¹9]ßTÝ9^yþêQÝØ9_Êè. of their Aboriginal ancestry. Through the funding announced today, Indigenous people and youth from across Canada will be able to benefit. 0000000755 00000 n There are three structural explanations: colonial model, historic trauma. <]>> Indigenous Canadians are generally disadvantaged in society due to a number of socio-economic factors. startxref 2913 0 obj<>stream If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. trailer 0000007689 00000 n %%EOF When Aboriginal persons are charged with a crime, it is important that they tell their legal advisor, and/or those in the criminal justice system (duty counsel, crown etc.) Their experiences within the system are interwoven with issues of colonialism and discrimination. It attributed the over-representation of Indigenous people to the impacts of colonialism, such as, but not limited to, the residential school system. Justice Canada and the SCC provided youth with some suggestions as to why this was the case, including the The Supreme Court has said the fact that more than a quarter of our prisoners are Indigenous is a crisis in the justice system, so then when the same criminal justice system appears to fail either the missing Indigenous women and girls or, many people would say, Colten Boushie, then it’s kind of a … The Criminal Code and the Youth Criminal Justice Act both consider the unique, or special, legal status of Aboriginal people in Canada. 2892 0 obj <> endobj The relationship between Aboriginal people and the Canadian criminal justice system is broken, and evidence is mounting that a radical change is necessary. Indigenous people are overrepresented in Canada's criminal justice system, but what is causing the numbers to be so high? Systemic racism in our justice system is: xÚÄVTS÷ÿ¾y¼! 0000007389 00000 n When controlling for various risk factors, Indig… It says that the Aboriginal, culture is different from the dominant Euro- Canadian culture in content and/, Make it look like the Aboriginal culture is monolithic when it is very diverse, Assumption that there is a particular kind of behaviour that constitutes, Cultural explanations make the Aboriginal culture seem abnormal or, SUCH EXPLANATIONS are simplistic and do not fully engage, bi-dimensional phenomenon: the process of incorporating Aboriginal, cultures without allowing them access to legitimate opportunity structures, Aboriginal unemployment numbers are higher than other Canadians. In 2014, 28% of Indigenous people (aged 15+) reported being victimized in the previous 12 months, compared to 18% of non-Indigenous peopleFootnote 1. Colten and Tinas cases are not isolated. For example, in 2014, a significantly higher proportion of Indigenous people than non-Indigenous people in Canada (aged 15+) reported being victimized in the previous … 0000003679 00000 n 0000000016 00000 n It is this view that Canada’s judicial system must take on in earnest if it’s to do better by Indigenous people, who continue to suffer injustices at the hands of the justice system. Why are aboriginal peoples overrepresented in the Criminal Justice System? It has long been recognized that Aboriginal people make up a disproportionately large segment of the prison population in Canada. 0000003860 00000 n 0000003408 00000 n Rather than a history of distinct peoples, Nations, and governments – Europeans and Indigenous peoples – coming together to form a balanced and proper relationship with one another – the predominant reality has been the imposition of laws and policies that denied the basic rights and freedoms of Indigenous peoples. Systemic discrimination against Indigenous people … There are 2 major stands in cultural theories. Understanding the Overrepresentation of Indigenous People in the Criminal Justice System. This applies to both those living on and off reserve, as well as people who are status and non-status. Gladue Court is also called Indigenous Peoples Court. In particular, the Royal Commission on Aboriginal Peoples, in its 1996 publication Bridging the Cultural Divide, recommended the establishment of independent justice systems on reserves. This preview shows page 5 - 8 out of 12 pages. Indigenous Studies 348: Aboriginal Justice in Canada discusses the impact of the Canadian criminal justice system on Aboriginal people and communities, and the efforts Aboriginal people are making to regain control over the administration of justice. 0000003248 00000 n This is in contrast to the Aboriginal Court system here, in the sense that in the U.S. Indigenous people get to actually appear at trial, and not just plead guilty in order to access sentencing. Canada is built on the theft and murder of Indigenous people. 1st strand views Aboriginal cultures as inherently violent, 2nd strand comes close to cultural conflict theory. There are laws, including in the Criminal Code, the Youth Criminal Justice Act, and provincial Family Services … Simply stated, there is a need for “reconciliation” because we have a history of such imbalance in the relationship with Indigenous peoples in this country. 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