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39 Cards in this Set
- Front
- Back
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Justice |
2013-14 The Aboriginal population comprise 22.8% of the totalincarcerated population Up from 18% 2005-06 More women than men Overall incarceration rate is 10 times higher |
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Reasons for Incarceration |
Foster Care System Familial involvement in Residential School System Substance use Family Substance Abuse |
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Aboriginal Inmates |
Younger Less educated Substance abuse Mental Health Concerns Gang Related More Likely to de denied parole |
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Justice System |
1. Ideology 2. Policing 3. Justice/courts and sentencing 4. Incarceration and rehabilitation 5. Prevention |
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Aboriginal Ideology |
Most values expressed in spiritual terms Everything possesses a spirit, and all things participate in variousdynamic relationships with these spirits. These relationships generate a moral responsibility, especiallyrespect Relationships should be preservedmoral and legal sphere not separatedelders esteemed as teachers and role-models Holistic view - Policing and justice facets of the same social activity -peacekeeping and healing. Non-confrontationaldesire for community harmony reluctance to show emotions generosity and sharing |
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5 Step Logic |
1. A law is a representation of a relationship. Any kind ofrelationship may be represented by a law:environmental, social or political, interpersonal orspiritual. 2. A value is a quality of character (that is, a virtue)necessary for the creation, maintenance and enrichmentof healthy relationships. 3. Peace is the unity and harmony of people in acommunity 4. An incident or a criminal offence is not just a broken lawbut also a disturbed or damaged relationship. 5. Justice is the process of healing a disturbed or damagedrelationship. |
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Non- Aboriginal Justice |
Protestant ethic and Christianity the moral foundation of the law An “eye for an eye” justice i.e. force, retribution and punishment isrooted in biblical notions of punishment. Humans are created in the image of God and alone are endowed witha spirit. God has given humans “dominion over the fish of the sea, and overthe fowl of the air, and over the cattle, and all over theEarth”(Genesis) Land can be privately owned by mixing one’s labour with it Once converted to private ownership, land requires delineated boundaries (psychically represented by fencing) The individual is sovereign and law is used to protect private property In order to have delineated boundaries, as society must have anestablished government of laws for enforcing private ownership. Personal offences are transgressions against the state |
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Structural Racism |
Dominant culture establishes appropriate organizations andstructures to maintain and legitimize legal system --> The system and police define what behaviour as criminal How conflict is to be resolved is built into the structure of society There is a process to follow: arrest, court appearance, sentencing,fine or incarceration or both. The laws and the system of justice are administered byrepresentatives of the state When the laws were to the advantage of the dominant group theywere relentlessly applied When not to their advantage they were ignored. e.g. Traditionally First Nations were not consulted when activitieswould have an impact on them (e.g. James Bay) |
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Structural Racism (Past) |
As representatives of thegovernment Indian agents weregiven power to act as legalmagistrates when dealing withaboriginal issues By late 1800s NWMP were giventhe power to arrest, prosecute,judge, sentence and confinepersons residing in the NWT While the police implementedthese actions they had notcreated the laws or regulations no other view of reality reallymattered Only actions condoned by thedominant society could bedefined as acceptable behaviour |
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Aboriginal vs Non-Aboriginal Crime |
higher proportion of violent and social disorder offences violent crimes often directed against family members and otherAboriginal people. Fewer property offences Few crimes for profit, such as drug trafficking, fraud, and armed robberies Petty offences constitute the majority of Aboriginal crime 50% of the offences alcohol-related. Aboriginal offenders are incarcerated in the provincial correctionalsystem for minor infractions and reflect social, rather than criminal,problems. Imprisonment of First Nations people for offences against the system- failure to appear, fine default non-compliance with restriction etc. 2007 crime rate on-reserve was 28,900 offences per 100,000 peoplecompared with 8,500 per 100,000 off-reserve |
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Why are Aboriginal people overrepresented in Canadian prisons? |
Ideological differences - justice system is not responsive to theexperiences and needs of Aboriginal people Discrimination and overt racism Structural racism Accused may have a poor understanding of their rights, courtprocedures or the adversarial nature of the system. Residential school impact Social conditions: poverty, poor education , unemployment, sexual abuse, violence, dysfunctional families Alcohol and substance abuse Limited rehabilitative options and resources Marginalization Inadequate fundingfor community-based, proactiveapproaches to crimeprevention |
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Solutions |
Make the system more responsive to Aboriginal concerns, needs andcultures Aboriginals involved in the administration of justice law enforcement, courts sentencing Corrections Prevention First Nations communities should bepoliced by people of a similar culturaland linguistic background Canadian government still maintainscontrol of the policy, direction, andstaff of the justice system |
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First Nations Policing Policy |
June 1991 Brought Aboriginal policing to on-reserve communities Applies to: all reserves Aboriginal communities on Crown land Inuit communities. Objective: to provide police services to First Nations equal in qualityto police services in other similar communities --> still sensitive to culture Federal government pays 52%; provincial/territorial government 48% |
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Aboriginal Policing |
Pubic Safety Canada implemented Negotiated agreements for police services that meet theparticular needs of each community Most police officers are ofAboriginal descent. Police have the authority toenforce applicableprovincial and federal lawsas well as Band by-laws Single + Multiple communities PSC provides funding for prevention |
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Policing Models |
Self-Administered Agreements Community Tripartite Agreement Framework Agreements |
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Self-Administered Agreements |
Negotiated between Canada, the province or territory, and the First Nationscommunity. First Nations community manages its own police service under provinciallegislation. Independent police commissions provide oversight. All police officers must be First Nations people except where First Nation agrees Service must meet the standards of the province or territory in which it operates. Police officers must be properly appointed as peace officers and empowered toenforce all applicable laws. The police service must consult with and be accountable to the community itserves through a police board, commission or advisory body. First Nation police rely on outside police for detailed criminal investigations andmost other police functions beyond simple peace-keeping and routine patrols --> Most do not have a criminal investigation division or the personnel and facilitiesfor any other advanced police work. |
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Alberta Self-Administered Agreements |
Blood Tribe Police Service - Standoff, Alberta North Peace Tribal Police Services - Fort Vermilion, Alberta Tsuu T'ina Nation Police Service - Tsuu T'ina, Alberta Lesser Slave Lake Regional Police Service - Driftpile, Alberta Louis Bull Police Services - Hobbema |
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Siksika Nation Tribal Police |
April 2002 federal and provincial governments cut off funding to theService effectively putting them out of business Allegations of financial mismanagement RCMP took over policing responsibilities for the community Siksika officers can no longer call themselves police officers, but canwear their uniforms and ride along with the RCMP. |
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Community Tripartite Agreement |
Arrangement between the federal government, respective province,and First Nations community. Services are provided by officers from an existing police service -provincial or municipal police, but usually the RCMP. Efforts made to staff these police services with Aboriginal officers. Officers are community-based with dedicated responsibilities to serve a First Nation community |
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Framework Agreements |
A provincial or municipal police service that is contracted to providededicated policing services to a First Nation community. May not be resident and agreement not Tripartite |
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Results |
An attempt to make the justice system more responsive andculturally sensitive to the requirements of Aboriginal people A step in the implementation of self-government. decreased number of arrests decreased tension when an Aboriginal police officer is involved ongoing funding uncertainties. high attrition rates because of low salaries pressures to provide police services for Aboriginal officers amongfamily and/or friends on-reserve. |
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The Aboriginal Police |
About 7% of RCMP officers are aboriginal Knowing the Aboriginal community and its members means they are: Speak the language Better able to do preventive policing Have a better understanding of the problems and thereforebetter able to resolve them. better able to make certain that Aboriginal people understandwhat will happen in various court proceedings better idea of where community support might be available Can ensure that Aboriginal people understand their rights. Can take statements from Aboriginal accused to ensure the trueintent is reflected in the document Good role models |
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Advantages of Aboriginal representation on Police forces |
Assist their fellow officers in understanding Aboriginal culture andbehaviour. Have a positive impact on non-Aboriginal officers’ perceptions ofAboriginal people. The presence of Aboriginal officers enhances the image of Aboriginalpeople among the general public. Aboriginal judicial employees assist offenders with improving theirunderstanding of the justice process Judicial employees can help the accused find counsel andinterpretation for counsel Assist with preparations for bail hearings, pre-sentence reports Provide recommendations for probation orders. |
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Aboriginal Justice System (AJS) |
Established 1991 Managed by FN Costs-shared with provincial and territorial governments Goal: is to support Aboriginal communities in taking greaterresponsibility for the administration of justice and to help reducecrime Innovations in sentencing, diversion and dispute resolution Community Based Justice Programs + Capacity Building Fund |
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Community Based Justice Programs |
Objectives: Promote safe communities and respect for the law. Decrease crime rates and victimization in Aboriginal communities Assist Aboriginal communities to take greater responsibility for thelocal administration of justice; Include Aboriginal cultural values in Canadian justice administration. Key Activities: The AJS supports four types of alternative justice activities andprograms at the community and regional level Diversion or alternative measures Community sentencing circles and peacemaking; Mediation and arbitration in family and civil cases Court/community Justice Program |
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Capacity-Building Fund |
Programs to support capacity-building efforts in Aboriginalcommunities, -- increasing knowledge and skills for theestablishment and management of community-based justiceprograms. Funds only available for fiscal year 2010-2011; proposed projectshad to be completed by March 31, 2011 Increased appointments of Aboriginal judges, justices of the peace,police officers, corrections officers/workers and court workers; cross-cultural education of non-Aboriginal judges, lawyers, police,corrections officers/workers, and |
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Criminal Code Canada |
718.2 - Court that imposes sentences will consider: all other sanctions other than imprisonment that is reasonable for the offender with particular attention to Aboriginal offenders meant to address the over representation of aboriginal people in jail --> restorative justice |
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R. v. Gladue 1999 |
Janis Gladue kills her boyfriend at 19 Convicted of manslaughter --> sentenced 3 years She appeals the supreme court saying that they had not taken into consideration 718.2 because she lived off reserve Loses appeal |
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R. v. Gladue 1999 (Effect) |
First time the 718.2 was interpreted by the courts When sentencing an aboriginal offender courts must consider: 1. the unique systemic orbackground factors which haveplayed a part in bringing theoffender before the court; 2. The types of sentencingprocedures and sanctions whichmay be appropriate in thecircumstances for the offenderbecause of his or her particularaboriginal heritage orconnection. |
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Gladue Reports |
Gladue Caseworkers write reports at request ofdefence, Crown, or judge on the lifecircumstances of an Aboriginaloffender. Reports also makerecommendations on sentencing Reports only started after a guiltyplea or a finding of guilt, andusually with a sentence of 90+ daysand not for serious crimes |
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Sentencing Circles |
a culturally-sensitive approach to justice Began in early 1900s in Yukon Territorial Court Involves the community hearing the evidence of an alleged crimeand seeking input from all sectors of the community (defendant,perpetrator, and others) who have been affected by the crime Circle is made up of: the accused, the victim, the families of theaccused and the victim, elders, chief or councillor ,and all interested members of the community. A judge a defence lawyer or prosecutor and/or policeman also sitin the circle. Discuss the offender, the crime and thevarious sentences that may be suitable Make recommendations to promote law-abiding behaviour ratherthan punishment The judge decides whether the proposed sentence is within theboundaries of the law --> if it is he makes it formal. |
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Saskatoon mother requests sentencing circle after baby diesof untreated infection |
Charissma DeeDee McDonald, 29. pleaded guilty to a charge of criminal negligence causing deathfor failing to ensure her 17-month-old daughter,Shatoya, received medical care for a commoninfection that proved fatal. Shatoya was founddead in her crib Dec. 11, 2006. Was instructed by doctor to take her daughter to the hospital but didn't |
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Correctional Services Canada |
Have a constitutional and statutory obligation to manage sentencesin a culturally responsive and non-discriminatory manner Diversion Programs (Alternatives to prison) Aboriginal Youth Justice Committees (YJC) Bush Camps OKIMAW OHCI HEALING LODGE Maple Creek, Saskatchewan Pê Sâkâstêw Centre (means “a new beginning,”) (Hobbema) In Search of Your Warrior Program (ISYW) |
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Diversion Programs (Alternatives to Prison) |
To deal with youth charged with minor offences. To keep young offender out of the court system and in thecommunity where he/she can be supported. |
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Aboriginal Youth Justice Committees (YJC) |
Formed with representative community members and an elder. Identify the needs of the accused and recommend an appropriatesentence culturally appropriate alternatives court proceedings, mediation between parties of a crime, |
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Bush Camps |
Place youth in a remote camp to receive training in bush crafts andtraditional ways of life and survival. Increasing acceptance of bush camps as a means of rehabilitation forboth Aboriginal and non-Aboriginal youth. |
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Pê Sâkâstêw Centre (means “a new beginning,”) (Hobbema) |
opened: 1997 for male offenders minimum Security level 60 Inmates CSC run Offenders come frommedium-security DrumhellerInstitution in preparation forconditional release andreintegration into thecommunity healing lodges focus on traditional Aboriginal ideologies but are consideredCSC correctional facilities privately run by Aboriginal communities in an agreement with CSC for theprovision of correctional services Six other lodges run contracted out |
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Provincial/Territorial Aboriginal specific Programs |
Native Liaison Services, Traditional Spiritual Practices, Substance Abuse Treatment, Aboriginal Literacy Educational Programs, Cultural Skills, Community Reintegration, Sweat Lodge Ceremonies, Employment Training, and Anger Management and Family Violence Programs. |
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In Search of Your Warrior Program (ISYW) |
Offenders learn about their own culture go back to their spiritual roots “ISYW was created to treat traumatic experiences, to heal the scarsof abuse, to get rid of the blinding rage and anger that inmates carrydeep inside,” The lodge’s Elder is always involved |
