“Indigenous People and the Criminal Justice System” provides a comprehensive background of the evolution of the interaction of Indigenous people with the criminal justice system, while giving practitioners useful and practical tools to better interact and advocate for their clients. We ask that you follow these guidelines. Gladue and Ipeelee both concerned themselves with interpreting section 718.2(e) of the Criminal Code, a provision that was introduced in 1996 as part of a comprehensive set of amendments dealing with sentencing in Canada. These reports, prepared by writers working for Indigenous organizations, provide judges, lawyers and Crowns with information on the backgrounds of the offenders who are being sentenced and suggest alternatives to incarceration where possible. In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more … The over-representation of Aboriginal people in the criminal justice system is a complex and enduring issue. The court went on to plainly state what anyone who lives in the justice system trenches knows all too well: “Trials do not take place in a historical, cultural, or social vacuum. [22], Indigenous women experience higher rates of poverty, precarious employment, and are statistically more likely to be single care givers. While there is no guarantee that federal funding would encourage recalcitrant provinces to actually start to engage with the realities faced by Indigenous people, it would allow those provinces and territories that are moving positively to accomplish much more. [10], These factors all contribute to engagements with the criminal justice system, Police have wide discretionary powers over surveillance and intervention of individuals in public. [4][5] Additionally, Indigenous family units were disrupted through the Residential School System and the Sixties Scoop. Indigenous people are the most over-represented population in Canada’s criminal justice system. Indigenous peoples in Canada are significantly overrepresented in the Canadian justice system. VICTORIA – A partnership between the Province and the BC First Nations Justice Council (BCFNJC) is creating Indigenous justice centres throughout B.C., improving access to supports and helping individuals more easily navigate the justice system. Terms & Conditions | May 2019. Duty counsel is responsible for supporting accused persons in understanding their legal rights, the legal process, and / or specifics relating to their case, investigation, or engagement with police. Often legal aid defense lawyers face similar impairments of being under resourced and overburdened while experiencing cultural and language barriers between themselves and their assigned clients. Protests in the United States in the wake of George Floyd’s death were most directly about policing and justice in the United States. But if the problem of over-representation is rooted in systemic and direct discrimination, to just throw up one’s hands is to say that, as a society, we don’t care that our major institutions continue to fail Indigenous people. C This article has been rated as C-Class … Legislative change is certainly useful in addressing the crisis facing the legal system with respect to Indigenous people. ", "Evidence - SECU (42-1) - No. Approximately 1,000 Gladue reports are written annually in Ontario. The rural IPs living in South America … They make up approximately 30% of all incarcerated individuals in Canada despite being approximately 4% of the total population. Indigenous Peoples and the Justice System. Protests in the United States in the wake of George Floyd’s death were most directly about policing and justice in the United States. “Our Indigenous […] What is needed is a commitment from the federal and provincial governments to be a part of that change. [30], UNDRIP articles 5 and 40 both advocate for Indigenous Nations to revitalize and employ traditional legal structures for their Peoples. The Supreme Court in Gladue said judges had a role in over-representation and they should ensure that they had the information necessary to allow them to meaningfully address this provision of the code. Further, intergenerational trauma and gender inequality has resulted in Indigenous women experiencing higher rates of post-traumatic stress syndrome and addiction. On the other hand, there is no funding for Gladue reports in Saskatchewan and Manitoba, provinces where one assumes the need is certainly as great as in Ontario. Explanations for this overrepresentation are both historical injustices, and the contemporary outcomes, faced by Indigenous Peoples and structural issues within the current criminal justice system. RJIP is dedicated to addressing the disproportionate impact of the criminal & juvenile justice systems on Indigenous peoples throughout northern California. [14], Increasingly, accused persons are choosing to self-represent as is their right. This is … Intergenerational trauma, or transgenerational trauma, can occur when an individual or group experiences a significant trauma event. 1470 Peel St. #200 There are things that can be done and are being done to meaningfully address the over-representation of Indigenous people and the other factors that have led to the estrangement of Indigenous people from the justice system. Gladue reports are also available in Nova Scotia, Prince Edward Island, Quebec and British Columbia, and will soon be in Yukon. Indigenous-specific courts have less need for resources but still require funding to allow for Elders or Indigenous knowledge helpers to participate in the courts. [14], Defense counsel can be prohibitively expensive for individuals experiencing poverty. Do you have something to say about the article you just read? The development of courts with a particular emphasis on working with Indigenous offenders and accused persons is another way to address estrangement from the legal system. “The justice system criminalizes Native people but provides little to no resources when we ourselves are victims of violence.” ... Justice for Indigenous peoples outside of the confines of settler colonialism is a close reality. “For too long, Indigenous peoples have been over-represented in our criminal justice system,” said David Eby, Attorney General. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. These Calls to Action recognize that FASD is a health issue that is negatively affecting Indigenous people. These include dispossession of Indigenous lands through the Numbered Treaties in which Indigenous Peoples received limited Reserve land[3] and restriction of personal freedoms through the enaction of the Pass System. [8], The combination of these colonial processes created a complex history of trauma for Indigenous peoples, however, of all the contributing factors, the Residential School System has been identified as of primary significance. There are things that can be done and are being done to meaningfully address the over-representation of Indigenous people and the other factors that have led to the estrangement of Indigenous people from the justice system that the Supreme Court noted in Gladue. The federal government could also amend the Criminal Code to eliminate mandatory minimum sentences, which flourished under the Stephen Harper government. [17], Indigenous Peoples often are not granted a bail option as they are perceived as ineligible due to family scenarios, financial positions, or a bias perception that Indigenous persons are more likely to reoffend. Initiatives such as Gladue reports and Indigenous persons courts make a real difference. This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. The intergenerational impact of things like residential school are invisible to judges unless someone raises those concerns — and it is usually the Gladue report that serves that function. Reasons for the vast overrepresentation of Indigenous offenders and victims in the criminal justice system are discussed in this report. Canada H3A 1T1, Privacy Policy | The concerns the case raised focused not only on the verdict by the all-white jury but also on how the jury was selected, in particular the fact … There are also many examples of creative responses that have led to a positive engagement of Indigenous people with the current justice system. [19], Despite this ruling, Gladue principals are inconsistently and unreliably used so there has been little positive impact to Indigenous Peoples since the ruling in 1999. If trauma is experienced over multiple generations, the affects of intergeneration trauma can accumulate. The overrepresentation of Indigenous Peoples in the justice system reproduces false racist narratives of their criminality that inform counsel. It’s not that the problem can’t be fixed. These numbers, and their seemingly inexorable upward trend, might suggest that the problem of over-representation is intractable, and that nothing can be done to reverse the trend. For the most part, sentencing in Canada is done very quickly, and no one in the court is provided with much information about the offender. Additionally, abstinence conditions are difficult to comply with for individuals, without support, who experience substance abuse issues. Breaching either of these may result in forfeiture of the surety and/or additional criminal charges, and breaching recognizance may be accompanied by additional fines. An independent justice system would recognize an important role for elders in the … Mental health and addictions issues are also key factors in engagement with the criminal justice system. This due to both its multigenerational nature and the age at which individuals experienced the trauma associated with residential schooling. The Stanley case rightly became a major news item, and the Prime Minister and the Minister of Justice expressed their support for the Boushie family following the verdict, also to significant public notice. [18], Poverty, precarious employment and acting as a single caregiver are incentivizing factors to plead guilty. For example, in Ontario, the province and Legal Aid Ontario fund the production of what are referred to as Gladue reports. The combination of these factors results in Indigenous women being significantly more likely to experience precarious housing or houselessness which is a factor in engagements with the criminal justice system. Some of that change will have to come from a fundamental reform of the way justice is delivered, and that will mean the development of Indigenous-controlled justice systems. Some of these royal commissions and public inquiries recommended a form of independent justice in Indigenous communities. This results in Indigenous people being over charged both in the volume and severity of offenses.[11]. 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