Aboriginal people and the Canadian justice system - Essay Example

Order 162972 ABORIGINAL PEOPLE AND THE CRIMINAL JUSTICE SYSTEM INTRODUCTION The constitution of Canada through the constitutional act 1867 has recognized the existence of aboriginal communities or people and thus has guaranteed them rights in the constitution and in administering justice. Section 35 of the constitution of Canada defines aborigines as 'aboriginal people in Canada include the Indian, Inuit, and metis people of Canada. And further sect 35 sub sec 4 states 'notwithstanding any other provision of this act, the aboriginal and treaty rights referred to in sub section 1 are guaranteed equally to male and female. The Federal government of Canada and the provincial government are committed to the principle that, before amendment to class 24 of section 91 of the constitution act 1867 to section 25 of this act or to this part. In other words, the government both federal and provincial has set community based projects, which oversee the restoration and sentencing of the aborigines. OTTAWA PROJECT The Ottawa project for restoration and sentencing is said to be the pilot project .it is said also to one of the several justice projects across Canada that have garnered support of the department of justice. The numerous studies, reports and justice inquires across Canada, and growing body of statistical information, confirmed that aboriginal people experience disproportionately high rates of crime and victimization are over represented in the court and the correctional system, and further, feel a deep alienation from justice system that is to them foreign and inaccessible and reflects both human and fiscal terms are seen to be exhorbitant, but also spiraling. Through persistent dialogue with various levels of government, aboriginal communities across Canada have gradually begun to explore the possibility of administering various components of the criminal justice system. Various difficulties confronting Aboriginal people within the Canadian judicial system have been addressed over the past twenty years but, unfortunately, many problems still exist. High levels of Aboriginal incarceration, one of the most serious problems, are aggravated by inadequate government funding and limited rehabilitation options and resources, and the overall justice system still does not address the cultural needs of Aboriginal peoples. JURISDICTIONAL REACH OF THE INTIATIVES Besides the fact that the restorative and sentencing community projects is a national wide issue which has been deeply entrenched in the constitution via the constitution act 1867,provincial governments have been given the a larger part to play in initiating projects within their provincial jurisdiction to address the issue. Overall, the Program helps Aboriginal people who are in conflict with the criminal justice system to obtain fair, just, equitable, and culturally sensitive treatment. Specifically, the Aboriginal Court work Program seeks to: 1. In the event of as aborigine being accused of a criminal offence and eventually put in custody, the project has devised a way of organizing for bail terms, which in most cases are denied to them. assist Aboriginal people to understand their right to speak on their own behalf or to request legal counsel, to better understand the nature of the charges against them and the philosophy and functioning of the criminal justice system. 2. Also the project is assisting in ensuring that the time spent in pre-trial detention by aboriginal people is reduced. 3. Afford them legal representation in court. 4. Disproportinate level of aboriginal incarceration -the Canadian criminal justice system is rooted in a strong reliance on incarceration and as a result, Canada is placed among the highest users of imprisonment in the world .the emphasis an incarceration as punishment had a detrimental effect on offenders, particularly aboriginal offenders on whom confinement places particularly onerous pressures, given the traditional relationship with the land. The project is looking to reduce the cases of aboriginal people incarcerated instead if having them put in restorative and sentencing centers. 5. Language as barrier in the criminal justice system- during court proceedings communication problems can result in an unfair trial for the accused aboriginal individual. The Canadian criminal justice system conducts proceedings in English and French and thus can be a barrier if the accused does not understand the charges. The pleas options or the availability of counsel. 6. Respond to problems and special needs caused by communication barriers which exist between Aboriginal people and those who are involved in the administration of the criminal justice system. 7. assist in enhancing the awareness and appreciation of the values, customs, languages and socio-economic conditions of Aboriginal people on the part of those involved in the administration of the criminal justice system; and Following comment was made on aboriginal involvement with the law.' it appears that they have little understanding of court procedures, of resources such as legal aid and most Indian people enter guilty pleas because they do not really understand the concept of legal guilt and innocence, or because they are fearful of exercising their rights. In remote areas the aboriginal people appear confused about the functions of the court, particularly where the royal Canadian manted police officer also act as crown prosecutors, or where the magistrate travel about in police aircraft. The Aboriginal Court work Program is accessible to all Aboriginal people regardless of status or residency. Furthermore, the Program is national in scope. Currently, the Aboriginal Court work Program is operating in every jurisdiction except New Brunswick and Prince Edward Island. In most jurisdictions, Aboriginal Court worker services are delivered by Aboriginal delivery agencies under contract to the provincial or territorial government. In Manitoba, court workers are actual employees of the provincial government. In the Northwest Territories and Nunavut, Legal Services Clinics provide court worker services. EVALUATION The Ottawa restorative and sentencing community pilot one was majorly meant to take some of the messages of accessing justice to the aboriginal communities within the province and the whole country at large. The project has quite achieved in terms of the rights being close to the aboriginal people. Among the strengths of the project is that the justice department s sentencing Reform Team headed by Mr. David Dauley has come on board to team up with the various projects and their goal is 'to facilitate the ongoing integration of restorative justice practices and to try to ensure that the continuing growth of restorative justice occurs in principal way with procedural safeguards for all participants.' As such it's duped to be an alternative criminal procedures growing and developing in an orderly, fair and efficient way'. Weaknesses One of the weaknesses identified with the project is that it is taking time cause, since the enactment of the constitutional act 1867,no much has been done to ensure that the menace is totally erased from the country. And the most unfortunate thing also is that many problems still exist within the current relationship between aboriginal offenders and the judicial system.of the number of aboriginal offenders in the justice system and the necessity to find methods to remedy the situation. OBSERVATION AND CONCLUSION The Canadian justice system is based on euro-Canadian as aresult, often conflicts with aboriginal values. High level s of incarceration, increased focus from law enforcement, language barriers, conflicting values and conceptual frameworks regarding crime and punishment as well as particular issues faced by aborigines I in first nations, all contribute to the failure of the criminal justice to meet the needs of aboriginal people. This is part of a problem identified and there need to be a profound solution the historical problems of many Aboriginal peoples stem directly from assimilation, which fundamentally changed the economic, political and social life - indeed the very culture - of First Nations people. Assimilation policies were based partly on the European belief that Aboriginal people were uncivilized and incapable of governing themselves. As a result of the devaluation of their language, traditions, and customs after this experience, Aboriginal people began to suffer cultural uncertainties. This cultural crisis can be linked to specific internal problems that currently plague Aboriginal communities including disproportionate levels of Aboriginal incarceration, poverty, unemployment, alcohol abuse, domestic violence, and an absence of economic self-sufficiency and business infrastructure. Bibliography 1. Currie, A. & Kiel, George. (1994). Ethno cultural Groups and the Justice System in Canada: A Review of the Issues. Ottawa: Department of Justice Canada. 2. Satzewich, Vic. (ed). (1998). Racism & Social Inequality in Canada: Concepts, Controversies & Strategies of Resistance. Toronto: Thompson Educational Publishing Inc. 3. Vink, Jerry. (1994). Freedom and Responsibility: A Human Rights Reader. St. John's: Newfoundland-Labrador Human Rights Association. 4. York, Geoffrey. (1990). the Dispossessed: Life and Death in Native Canada. Toronto: Little, Brown and Company (Canada) Limited 5. Coutu, Jean Charles. (1995). La Justice pour et par les autochtones. Qubec: Ministre de la Justice du Qubec 6. /www.bloorstreet.com 7. www.jibc.bc.ca 8. constitutional Act 1867 9. Constitution of Canada 10. Urban Alliance on Race Relations. (1995). Race and the Canadian Justice System: An Annotated Bibliography. Toronto: Urban Alliance on Race Relations. Read More