Indigenous people are already greatly marginalized, dating back to the hardships they experienced through the events of colonialism. gives report on aboriginal inmates. Although there was no match in description of the bike that was reported missing and Garry’s, he was stilled placed under arrest by the officer (Edwards, 2011). This, however, did not mean that Aboriginal offenders would receive a shorter sentence, or a ‘get out of a jail free card’; rather, judges could now consider two important factors. The governments began to realize that overrepresentation was a major problem, and the reality that Indigenous people were being incarcerated at an extremely disproportionate rate. This resulted in contravening international regulations where prisons were not allowed to do “double bunking”. These figures are astounding when recognizing the disproportionate representation. The sight of an Aboriginal youth running provided the police with ‘a cue for action’. With respect to courts, Indigenous people continue to be sentenced to custody in comparatively greater proportions than non-Indigenous offenders. The court setting itself, disadvantages Aboriginal people which in turn increases the rates of individuals who are ultimately charged and sentenced. Current directions in aboriginal law/justice in canada. Retrieved from http://search.proquest.com.ezproxy.lib.ryerson.ca/docview/21617191, Proulx, C. (2000). However, section 718.2(e) and the Gladue judgement still did not provide adequate clarity for the judiciary. It is sad to note that Aboriginals remain a target of systemic discrimination, and judges and the court environment fail to implement section 718.2(2), for the purposes of reducing this apparent overrepresentation. Not only does imprisonment lead to struggles of the family, but also incarceration itself has many negative repercussions. The effects of colonization and racism bestowed upon the Aboriginal communities has led to the oppression of Aboriginal people; thus, creating generation despair within Aboriginal People. The situation of the court alone makes this process extremely difficult and intimidating for the accused at trial, especially in circumstances where the Aboriginal individual is in a foreign setting. Some authors have argued that the primary cause of over-representation is widespread criminality among Indigenous peoples, rather than what is sometimes termed 'systemic bias' in the criminal justice system. Since restorative justice is a crucial component in the criminal justice system, courts have to ensure that there are available programs that are culturally relevant, and will seek to rehabilitate the individual. Judges are not given all the necessary information they need to apply these two factors that are entrenched within the Gladue (LaPraire, 2002). Policing is problematic as Indigenous people are both over-policed and under-policed. Through this mistreatment, and transparent discrimination, the police officers used their discretion and stereotypical judgment to put an innocent youth behind bars, simply for being a good ‘match’ as an offender. The Department of Justice Indigenous Justice Program (IJP) supports Indigenous community-based justice programs that offer alternatives to mainstream justice processes in appropriate circumstances. The report also identifies gaps in the efforts to address overrepresentation and suggests potential ways to mitigate the problem. La Prarie, C. (2002). In 2014, 28% of Indigenous people (aged 15+) reported being victimized in the previous 12 months, compared to 18% of non-Indigenous peopleFootnote 1. Retrieved from http://search.proquest.com.ezproxy.lib.ryerson.ca/docview/21815212 Vermette, D. (2009). Through the Indigenous Community Corrections Initiative (ICCI), it supports the development of alternatives to custody and reintegration projects for Indigenous offenders. Police play a huge role in relation to Aboriginals and their association with the CJS. In order to achieve these goals, a Gladue Court requires the provision of detailed information regarding the offender to the presiding judge. As we stated at the outset of this chapter, the over-representation of Aboriginal people in the province’s criminal justice system is not related solely to high Aboriginal crime rates. Members of the survey argued that the process of over policing, which is prevailing in many Indigenous communities, is a clear suggestion that Aboriginal people are in need for more enforcement and surveillance (Tzay, 2007). “…The correctional service must do a better job of preparing aboriginal offenders while in custody…” (Brown, 2006). While the proportion of Indigenous incarceration has risen substantially, the overall inmate federal population (number) has risen only slightly. indigenous interactions with settler-colonial criminal justice; the disavowal of indigenous knowledge; indigenous epistemological, methodological, and ethical challenges to criminology; the role of colonialism and neocolonialism in indigenous over-representation in the criminal justice system The over-representation of Aboriginal people in the criminal justice system is a complex and enduring issue. Indigenous inmates in federal institutions rose from 20 percent of the total inmate population in 2008-2009 to 28 percent in 2017-2018, even though Indigenous people represented only 4.1 percent of the overall Canadian population (Department of Justice Canada 2018a). All you need to do is fill out a short form and submit an order. In many areas there is a lack of facilities to monitor the conditions imposed on the accused; there is no probation officer, social worker etc. The report addresses three sets of policies and initiatives designed and implemented with a view to addressing overrepresentation: sentencing legislation and Supreme Court of Canada decisions, Gladue Courts, and community-based initiatives and government relations. Canadian Journal of Criminology and Criminal Justice, 49(1), 109-123. This paper considers the term “Indigenous” to be an update of the term “Aboriginal”. UN Chronicle, 44(3), 48-52. It becomes clear to see that Canada has a long history of incidents influenced by systemic discrimination, however as we progress in time, the government and criminal justice system as a whole is working towards improving the current state. 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. Although this was implemented in the late 1990’s, research has proven that 10 years later, overrepresentation has actually increased as opposed to decreased (LaPrairie, 2002). The Star. The first thing judges were asked to consider was what background and systemic factors that has brought the individual to court, and second, what available sanctions including community options are available and best suitable for the accused (LaPrairie, 2002). INDIGENOUS OVERREPRESENTATION IN THE CANADIAN CRIMINAL JUSTICE SYSTEM. Canada has a very high remand rate; there is blatant discrimination against Aboriginals because their rate is significantly higher in comparison to their counterparts (Mildren, 2008). By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols, INDIGENOUS OVERREPRESENTATION IN THE CANADIAN CRIMINAL JUSTICE SYSTEM. Whether the accused is released prior to trial depends on two major factors, 1. Further progress will ultimately set the conditions whereby justice policy will truly be able to make positive and long lasting changes for Indigenous people. The over-representation of Indigenous people in federal custody has reached a new historic high, according to a statement released Tuesday by the Office of the Correctional Investigator. Retrieved from http://search.proquest.com.ezproxy.lib.ryerson.ca/docview/358564203, Canadian race relations foundation. Their racist views and stereotypical notions put Aboriginals at risk, for simply being an Aboriginal. An important related factor is that Indigenous accused have a greater tendency to breach their conditions, whether bail conditions or probation conditions. This case is a key example of the mistreatment and negative perceptions police services have on the Aboriginal community. Among the many factors that contribute to the overrepresentation of Aboriginals within the Criminal Justice System, such as the legacy of colonialism and low socio-economic capital, the entrenched systematic discrimination in the CJS will be examined. An Aboriginal girl in Winnipeg told survey applicants, that the police stopped her boyfriend, merely because he was seen running down a street to meet her (Mildren, 2008). McMaster, J. This evidently concludes the perception that these individuals have lower reintegration potential, and thus are placed in segregation more often, limiting their access to appropriate programming. Ottawa Law Review, 40(2), 222-225. In 1996, the sentencing provisions of the Criminal Code were significantly amended, after RCAP made distinct recommendations in 1995 (Proulx, 2000). The shortcomings of the Criminal Justice System towards Aboriginal people are most clearly illustrated in the overrepresentation of Aboriginal people in Canadian penitentiaries. In Saskatchewan, Indigenous adults are 11% of the adult population; however make up 8% of the jail population. Colonialism and the suppression of aboriginal voice. 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. Mildren, D. (2008). Adelaide Law Review, 29(1), 7-28. The corrections system is also characterized by discriminatory policies and practices. Do toronto police engage in racial profiling. Does the accused have permanent residence, are they employed, do they have community support, stable income (if needed to pay a fine). The policing aspect is not the only area of the Criminal Justice System where there is evident systemic discrimination, the courts of Canada relay many areas where discrimination is put forth against Aboriginals which leads to overrepresentation. This contributes to the overcrowding of jails, and ultimately the process results in the revolving door syndrome, because those who are not supposed to be in jail become exposed to these institutions and the interactions made tend to increase potential misconduct. The experiences faced by Aboriginal people by the justice system have been described as Canada’s national disgrace (McMaster, 2011). 3.20Figure 3.3 below shows that the imprisonment rate for Aboriginal and Torres Strait Islander people has increased 41% over 10 years, from 1,438 per 100,000 in 2006 to 2,039 per 100,000 persons in 2016. Subsequent to the enactment of section 718.2(e), a case in British Columbia tested the applicability of the law. This was a huge step in favor of Indigenous people. over-representation of Aboriginal people in the criminal justice system (The Law Reform Commission of Western Australia, 2006, p. 192). The expansion of Gladue courts across the province provides greater hope for the reduction of Aboriginals within the system (Knazan, 2003). The increasing status of Indigenous overrepresentation is a clear indication of the failures of the Canadian Criminal Justice System. As a result, very few lawyers become available to represent those Aboriginals who were in need, and if they happened to get a lawyer, they would spend very little time with their client because of the overload of cases they have to deal with (MIldren, 2008). Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. The overrepresentation of Indigenous youth was even more disproportionate among girls. The costs of Indigenous and non-Indigenous offender trajectories 07-04-2020 Indigenous, Criminal justice system, Over-representation, Offenders, Comparative analysis, Peer-reviewed The dismissal of the Askov case resulted in the courts creating the Askov rule, where those who are in pre-trial detention must have a trial within two years (Perreault, 2009). Evaluation results have been encouraging. 17, No. 3, pp. Although section 718.2(e) supports the idea of different approaches to incarceration, many times the resources are unavailable to seek these alternatives through (Proulx, 2000). The literature is clear that approaches to community-based justice must be appropriate to the culture concerned. In circumstances like such, the accused tends to plead guilty, even though they may be innocent. 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. Results have indicated that 50% of prisoners in Prairie Provinces are Aboriginals, where disproportionality is highest, and least in Quebec and Maritimes (Doob & Sprott, 2007). It becomes interesting to understand that a system, which aims to provide justice for all Canadians, systemically discriminates against Aboriginal people, for simply being Indigenous. Many Aboriginal offenders have a language barrier, and although section 14 of the Charter gives right for an interpreter, this often does not happen (Mildren, 2008). This is evidently a major problem; the implementation of section 718.2(2) where judges are directed to impose alternatives to sentencing is clearly not being applied. Retrieved from http://journals2.scholarsportal.info.ezproxy.lib.ryerson.ca/details-sfx.xqy?uri=/03136647/v62i0003/65_raoip.xml, Gorelick, M. (2007). Australian crime: facts & figures 2013. The lack of resources and essential components of a case are often denied to Aboriginal individuals, and because of the lack of education, legal advice, and support, more and more people are filtered right through into penitentiaries, even though they do not belong (Fitzgerald & Weatherburn, 2003). Many times, judges sentence the offender to jail without knowing the difficulties and problems faced by this individual. This procedure alone is a classic example of systemic discrimination against Aboriginals, because it all relates to poverty and the socio-economic conditions of Aboriginals. There are many reasons for this, including: Various social and economic factors and conditions The commission concluded, that there was racism in the police system and in the Crown prosecution, as neither did their job properly, and the police services were simply looking to tag a murder on somebody (Mildren, 2008). Psychology and Behavioural Sciences Collection, 44(2), 181-208. Sapers argues that because of the lack of programming, when Aboriginal inmates are finally released, they are more likely to reoffend because they have not addressed their problems and are not rehabilitated properly to reintegrate into society. This indicates that the system has an extreme amount of burden placed on the courts, where they cannot handle what needs to be done. our expert writers, Copying content is not allowed on this website, Ask a professional writer to help you with your text, Give us your email and we'll send you the essay you need, Please indicate where to send you the sample, Hi, my name is Jenn This built-in bias contributes to the overrepresentation in the Criminal Justice System. There are currently eight commission of Inquiry’s that are directly dealing with Aboriginals, which is a clear indication of the seriousness of the problem (McMaster, 2011). Since many Indigenous people are associated with socio-economic marginalization, legal aid becomes their only option in terms of representation. Help, Use multiple resourses when assembling your essay, Get help form professional writers when not sure you can do it yourself, Use Plagiarism Checker to double check your essay, Do not copy and paste free to download essays. Number of aboriginal women behind bars will rise: report. Correctional facilitators had to put 4-5 people per room, where individuals ended up sleeping in hallways on mats because of the overcrowding. Aboriginal over-representation in the criminal justice system: A tale of nine cities. Retrieved from https://graduateway.com/indigenous-overrepresentation-in-the-canadian-criminal-justice-system/, This is just a sample. Results of overrepresentation are in part due to high level of police-reported crimes, what officers perceive as dangerous, threatening, or aggressive are all related back to the systemic discrimination entrenched within the police force (Gorelick, 2007). First Nations youth were accounted for 31% of admissions to sentenced custody, however only represented 6% of the entire youth population (Sprott & Doob, 2007). Systemic discrimination occurs throughout the criminal justice system, including in policing, courts and corrections. Gladue Courts are generally characterized by certain goals relevant to the intent of s. 718.2(e) and the Supreme Court of Canada decisions in Gladue and Ipeelee. Many discriminatory beliefs against Aboriginals have constituted for their experience before a judge, and the deciding factor if they are granted bail or not (Mildren, 2008). 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