A critical examination of the aboriginal experience with the criminal justice system is included innovative canadian and international services for aboriginals will also be examined course content. Law of canada canadian bill of rights aboriginal law aboriginal law cour suprême du canada) is the highest court of canada and is the final court of appeal in the canadian justice system parliament created it by act of parliament in 1875, as a general court of appeal for canada. The justice system and aboriginal people the aboriginal justice implementation commission report of the aboriginal justice inquiry of manitoba home page. Aboriginal peoples in canada were grappling with record numbers of their children being placed in the child welfare system and a huge over-representation in the criminal justice system – the. Restorative justice asserts that victims are forgotten entities in the current justice process and should have a greater role in determining the outcome of their case restorative justice (rj) is not a program, but a way of looking at crime.
The more fundamental causes of over-representation of aboriginal people in custody are not to be found in the criminal justice system but those factors which bring aboriginal people into conflict with the criminal justice system in the first place. Clearly, a major challenge confronting the justice system will be to ensure that aboriginal people participate at all levels of justice decision making and that aboriginal communities are empowered to take greater responsibility for their problems and for addressing those problems. Aboriginal courts in canada presently the canadian criminal justice system has failed the aboriginal peoples of canada there have been numerous studies showing that racism is present in the justice system and aboriginal peoples are over-incarcerated aboriginal communities.
Aboriginal women and the legal justice system in canada, an issue paper by the native women’s association of canada, june 2007 1 background aboriginal people have a unique history and relationship with the government of. In 1989, the issue of over representation of aboriginal people in the criminal justice system was raised by the royal commission into the donald marshall, jr prosecution in 2002, the auditor general of canada identified a lack of information on this issue ( auditor general of canada, 2002 . A generation after the rcap report (canada, rcap 1996), the reality for aboriginal people is that the canadian justice system is still failing them in r v wells (2000), the supreme court noted that ''s 7182(e) was intended to address the serious problem of over-incarceration of aboriginal offenders in canadian penal institutions. Compare the canadian criminal justice system to the traditional systems of justice in first nation communities overview - course content, objectives, rationale, the justice system and aboriginal people, vol 1, ch 2: aboriginal concepts of justice. The justice system has become intensely sensitive to the needs of first nations peoples to the point of setting up specialized courts to deal with sentencing issues first nations people are more and more living with the rest of canadians and less and less on reserves.
The justice system and aboriginal people for aboriginal people, the essential problem is that the canadian system of justice is an imposed and foreign system in order for a society to accept a justice system as part of its life and its community, it must see the system and experience it as being a positive influence working for that. Experts say one way to reduce overrepresentation in jails of aboriginal people and blacks would be an overhaul of the justice system itself, as suggested in the 1995 report on systemic racism in. Justice systems of indigenous peoples in canada underlying the move toward the establishment of an independent or quasi-independent indigenous justice system is a recognition that there are certain values and customs historically attached to indigenous communities. For more information on the principles and practice of aboriginal restorative justice, you can order an aboriginal restorative justice cd-rom through the legal services society website a restorative justice process will often be one part of a set of conditions imposed by a court.
The criminal code and the youth criminal justice act both consider the unique, or special, legal status of aboriginal people in canada the criminal code considers the over-representation of aboriginal people in the canadian criminal justice system. Aboriginal representation in canadian correctional institutions has increased rapidly over the past decade we calculated “years of life lost to incarceration” for aboriginal and non-aboriginal canadians aboriginal males can expect to spend approximately 36 months in federal prison and within. Lives of aboriginal people across canada drawn primarily from statistics canada surveys, the report compares aboriginal and non-aboriginal people across a spectrum of indicators, including education, employment, economic well-being, health, and housing perceptions of crime and the criminal justice system in 2009 as with the 2008 gss. How the canadian legal system fails indigenous people to assume they can do their job without a basic understanding of the history of canadian colonialism and aboriginal law is more than a failure to appreciate the relationship between knowledge, understanding and justice history and the law the canadian legal system will continue to.
The canadian justice system has failed the canadian people it has failed the aboriginal people of this nation on a massive scale the flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Another reason is the emergence of justice agreements throughout australia (briggs & auty 2003) that recognise the need for partnerships between state governments and aboriginal organisations to build a better system of justice for indigenous people.
The canadian justice system vs aboriginal people topic: be it resolved that the canadian justice system be significantly changed the canadian justice system has failed the canadian people it has failed the aboriginal people of this nation on a massive scale. Author: title: volume: year of publication (factum - donald e worme) restoring the shattered confidence: fall 1995: 1995: 2005-06 annual report, correctional investigator. Aboriginal people that adversely affects their involvement in the criminal justice system is the lack of self-determination and the breakdown of traditional social and power structures.