Cameron Doomadgee (Mulrunji), an Indigenous Australian who resided on Palm Island, died in police custody only hours after being arrested for allegedly being drunk and a public nuisance. The injuries and circumstances that surrounded and lead to his death in 2004 sparked riots and repercussions within the community, as well as repercussions on legal and political levels years later. Police discretion and attitudes are a legitimate aspect of policing and a major factor in Indigenous arrests Cunneen and Libesman (1995). This paper will utilise the Doomadgee case, research findings, academic commentaries and other evidence, in assessing weather police discretionary decisions work against the interests of Aboriginal and Torres Strait Islander…
He draws on the findings of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) which investigated “the role of the police, police actions and procedures” (p.119) in cases of deaths in custody. While investigating the death of Boney, the Royal Commission found an underlying social issue that caused tension between Aboriginal and non-Aborigines. The Royal Commission documented that “during the ‘Bicentenary Celebrations’ the police had misinterpreted innocent actions of a group of Aborigines as an act of terrorism”(p.98), this gave rise to a state of paranoia and fear among white Australian society. Based on these findings, Morris illustrates a postcolonial society with an increased “need for police powers of intervention, regulation and control of public order offences” (p.74). This was powered through the reintroduction of the Summary Offences Act 1970 (NSW) which invested “police with greater discretionary powers of arrest over public order offences” (p.75).…
His Honour, Judge Irwin quoted, “there is a way we can do better for indigenous people and reduce their level of over representation in the prison population,”…
Introduction In the book, Dying from Improvement: Inquests and Inquiries Into Indigenous Deaths in Custody by Sherene H. Razack. Razack talks about the Canadian approach to Indigenous people and the different forms in which they are mistreated in the Canadian Justice System. Indigenous people in Canada have been viewed as “less of a person” than the normal white civilian. European Settlers have been trying to assimilate the Aboriginal community into the “white way of life” since they took over their land, when Canada first came about.…
In addition, she concludes a few more things. The racism, exploitation and sexualized violence against Indigenous women and girls by the police and justice system is a symptom of normalized racism. The inability to tackle it has compounded, even presently, the crisis. These are some more of Palmater’s conclusions. She has also stated that numerous national inquiries, commissions, and investigations have all concluded that every level of justice system has failed Indigenous peoples.…
She suggests that Indigenous spirituality is a valid and valuable into processes of healing. Westerners may not fully understand the importance of ritual, ceremony and space, but this practices help to orient Aboriginal understandings of their world and their place within it (Deloria 195, 202). Though her work is not directly focused on criminal justice, her arguments are still valid in the practice of restorative justice. Restorative justice seeks to incorporate social arrangements in the justice system that promotes the dignity, equality and respect of the human being. From an Indigenous perspective, restorative…
The United Aboriginal Struggle “Get over it!” A statement that has been repeated time and time again, with regards to Indigenous land. It’s a surprise that Aboriginals want their land back after centuries of not owning it. Is it not? Well, no, it is not.…
In 2011, Aboriginal people were reported as imprisoned at a rate of 756 per 100,000 in contrast to non-aboriginal Canadians at a rate of only 76 per 100,000 (Jeffries, 2014). However, why are Aboriginal People in Canada overrepresented in prison? Could it be sentencing policies or are these citizens more harmful to society? Many factors are involved in this presumption, including high rates of poverty, substance abuse, and a large percentage of judges will decide jail for their sentence even when there are laws against jail being the first option. Even with laws put into place to consider other alternatives, judges have the final say and most of these Aboriginal people are still sent to jail over rehabilitation (Jeffries, 2014).…
Aboriginal youth are overrepresented in Ontario correctional facilities at a much higher rate than Aboriginal adults. Canadian Aboriginals are more likely to be charged with crimes, particularly on reserves then non-aboriginal Canadians. Also even though Aboriginals account for 4% of the Canadian population, but they account for 20% of Canada's prison population. Adult aboriginals are more likely to be convicted of a crime at 6 times higher than the national rate. Also parole is denied at a higher rate than non-aboriginals.…
As Anthony (2013) has noted, the common law requires the judges to consider all alternative factors before sentencing. The judicial discretion would therefore be varied according to the situation and offender. In relation to indigenous people however, Anthony (2013) further indicates that indigenous factors are considered only “when the offender is a member of an Indigenous community and his/her offence or punishment reflects that membership” (p. 455). It implies the notion that indigenous people are not guaranteed special of lenient treatments based on who they are, but whether the offenses involved the indigenous communities. As the knowledge to why indigenous people are frequently engaged in the Criminal Justice System increases, the Australian government attempts to recognize indigeneity in the sentencing process.…
It is also believed that the number of murdered Indigenous men could be closer to 2,000 for the years between 1980 and 2012 (Innes 48). Although Valcourt’s comments are consistent with the data that suggest that an overwhelming majority of Indigenous men commit acts of violence against Indigenous women. However, it is clear that the remarks fail to acknowledge: the level of violence inflicted…
The overrepresentation of indigenous people is a substantial issue in our country that requires attention in order to maintain a positive relationship with the Aboriginals and remove any negative stigmatization against the indigenous culture (Welsh & Ogloff, 2008, pp. 492-494). This remains an issue in our society because there are increasing numbers of indigenous people in prison throughout the provinces due to systemic racism within the legal system, crimes committed due to socioeconomic challenges and cultural or language barriers (Fitzgerald & Carrington, 2008, pp. 524-525). Moreover, alternative courses of action should be addressed in order to decrease the overrepresentation of indigenous people in the criminal justice system.…
However due to deep seeded discrimination no marginalization the issues surrounding Aboriginal women and violence aren 't addressed to the extent where these differences between the gap of Aboriginal women and non-aboriginal women regarding violence is closed. Social constructural flaws have regulated and cemented the systemic Ideas around aboriginals; racial and gender discrimination…
Purpose The purpose of this briefing note is to inform the Communities of Support Directorate of prisoners’ issues and to get them the support they need in order to cope with being incarcerated. This briefing note will summarize the issues at hand for the prisoners, additionally it will discuss the lack of support from the Federal Government of Canada. Furthermore, methods to help these prisoners reintegrate themselves back into society will be discussed. Current Situation The current situation in Canada is that most prisoners in sentenced custody have one or more of the six areas of need in prison.…
Canadian history is still impacting the Aboriginal population, including the missing and murdered Aboriginal women, and the discrimination in government and law. Some may argue that all discrimination against Aboriginal people has dissipated over the past decade or so, but many incidents and studies show that this discrimination is alive and…