Aboriginal Criminal Justice System

Improved Essays
Aboriginal’s crime rates are high; they account a large portion of Canada’s inmates. Problems

persist on how correctional facilities deal with the needs of the Aboriginal people, the complexity of

their cultures makes it hard for corrections to treat them like any other inmate. For this reason the

aboriginals go through different cultural interventions that help rehabilitate within the corrections or

through their communities. While Canadians correctional institutions are setting in Policies such as to

further meet the needs of the aboriginal people, they are not succeeding with rehabilitating aboriginals

during their stay in and out the Correctional system because of statistics, self-conflict, stereotypes, and

lack of support
…show more content…
7). In reducing this problem the government had to change “several legal and

policy amendments” in the Canadian legal system to counter the over representation and to better

educate aboriginal people (Hurst, 2014, p.7). The supreme court of Canada came upon the decision

through the court case of R v. Gladue which recognized certain disadvantages aboriginals go through in

the Criminal justice system, this meant that sentencing judges reviewed the history of the aboriginal

individuals to see if a long sentence would be a smart choice for the well being of the offender (Hurst,

2014). Many different factors are thought out during the “Gladue principles” such as if the offender had

a negative experience in the residential school systems, if they lacked the appropriate education during

their adolescence years, lacked a source of income, and or lived in unstable conditions (Hurst, 2014).

Hurst (1990) states that certain provisions started to give aboriginals more specific provisions. An

example from section
…show more content…
Martel, Brassard, & Jaccoud (2011) argued that aboriginal

offenders don 't fill the “criteria” (p. 239) set to get to remedial programming in light of the fact that

they have a tendency to fit in with a remedial sub-gathering characterized actuarial as exhibiting high

dangers of recidivism. Subsequently, the current danger based praxis renders native guilty parties right

to gain entrance to restorative programming rather indeterminate. Through the programs that are

being provided in the correctional facilities they are contributing to the one major reaction and that is

the Canadian reintegration programs basically go for reminding native offenders of their social legacy

with the expectation that they will get back in touch with their true selves (Martel, Brassard, & Jaccoud

2011). The Aboriginal offender that go through the the slow phase of rehabilitation provide different

sources of well being, Martel, Brassard, & Jaccoud (2011) explain that “extant literature” provides

“higher participation” along side of the “completion rates” in the programs (p. 242). The rate of

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