Aboriginal Justice System in Canada

Aboriginal Justice System in Canada

Thesis Statement

Aboriginal communities in Canada have gradually begun to examine the possibility of administering some components of the criminal justice system. It was a slow process, and the greatest progress has been made over the last twenty years. The report discusses the problems that Aboriginal offenders still face dealings with the justice system.

Introduction

Aboriginal people are underrepresented in more positive social locations because of the way in which they have been defined. For example, if Aboriginal people are seen as being deficient in some way, and this appears to be proven because of the social and economic conditions in which they live, then it is no wonder that they are not successful in the Canadian economy. Aboriginal people are not marginal merely because they are underrepresented in the economic system of Canada (Winterdyk 2001). They are underrepresented in the economic system of Canada partly because of the ideas that are held about them in the ideological and political structures of Canada. n recent decades, we realize that Aboriginal offenders are a group who has special needs. This conclusion follows from the high incarceration rate of Aboriginal offenders and the uniqueness of their culture compared to the rest of Canada. That is why the federal, provincial and territorial governments designed policies and programs specifically for Aboriginal people. These initiatives build on the assumption that crime among Aboriginal people, is due to their cultural alienation. As it is believed that the solution lies in a return to basics, it has already developed and is still developing policies and programs designed for this purpose

Aboriginal Customs in Dealing With Crimes

Criminologists Hide and Mary Carol LaPrairie found that the Aboriginal crime is very different from crime among non-Aboriginals. Their study found that Aboriginal offenders commit violent offenses against public order and in a higher proportion than non-Aboriginal offenders. By cons, they commit fewer crimes against property and very little crime motivated by greed, as drug trafficking, fraud and robbery. The majority of crimes committed by Aboriginal people are petty offenses, and a high proportion of violent crime (at least 41.4 percent. 100) are committed against family members (Nielsen 2000).

A study of admission records of Aboriginal people in provincial correctional centers showed that 50 per cent. 100 offenses committed by these offenders were alcohol related. Only 10 percent. 100 of all crimes committed by Aboriginal people are crimes against the person, mostly against other Aboriginal people. These data indicate that Aboriginal offenders are incarcerated in provincial correctional facilities for minor offenses and they are having social problems rather than criminal. At times, in the initial investigation it seemed like the criminal justice system downplayed the role of race in the original incidents, in the ongoing criminal investigations, and in criminal justice processes more generally. In truth, criminal justice personnel do not want a system that unfairly puts people at a disadvantage due to race. Like the general public, criminal justice system personnel want to believe that the criminal justice ...