Indigenous Deaths In Custody Book Review

Superior Essays
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. Canada disadvantaged Aboriginal people by creating the Indian Act (1876). Razack has many arguments that arise throughout the book, I will analyze and critique them in regards to the history of Canada, racial profiling and Indigenous peoples encounters with authority and the law (most police issues).
History
Canada is known for its many cultures, ethnics, and races within its borders. We pride ourselves for being so diverse that we are considered a “toss salad”. Despite our efforts of being pro- culture oriented there are many issues dealing with racism. Razack makes the argument that the “violence state actors visit on indigenous bodies imprint colonial power on the skin, much like branding on the skin as they did for slaves or the whipping of the children as residential schools once did” (Razack, p.4). This type of branding depicts that indigenous bodies and their land are a settlers property. Which infers that Indigenous people are “subhuman”, the kind of human one can only deal with through force. This argument deals with discrimination toward Indigenous people because of their race, class, or category in which they are perceived to belong to. This is displayed through marginalization and stigmatizations. Discrimination is hatred for another culture, who are marginalized and disadvantaged based on numerate groups that are limited to nationality, gender, age, status, sexual orientation, religion, race and ethnicity. Often times people describe discrimination as a violation of the Charter of Rights and Freedoms. Genocide has been an ongoing problem within the Aboriginal community and is part of an annihilative impulse at the heart of colonialism. The inquest or inquiry is tailored to present both the story of the disappearance of a race and the story of white settlers assisting Indigenous people into modernity. For Aboriginals to disappear, law must produce their disappearance as independent sovereign nations. The origin story of settler sovereignty, a superior modern race inevitably triumphed over a pre-modern and dying race, mostly through land claims in past generations. This argument applies to the theory of Critical Race. Critical Race theory (Brooks & Schissel, p. 128-129) states that racial minorities are not equally served by the law because of their race. It has been demonstrated that law is structurally racist and that Indigenous people are intrinsically diseased. Frank Paul & Paul Alphonse had been in the hospital multiple times for lungs, liver and limbs, inquest and inquiries connect these bodily failings to residential schools but only time could make these men vulnerable. The historical events that were demonstrated on these men would not be held accountable by the colonial state. Even if Aboriginal people wanted to make it clear it was colonial violence that made them
…show more content…
They plead guilty because they did not understand what was going on, they did not have a lawyer, and the justice system did not trust them therefore, they had lower credibility. There can be no encounter more typical in settler colonialism than the encounter between a police officer and an Indigenous person arrested for drunkenness. The relationship between the police and Indigenous people is one of regular, intimate, and violent contact, a relationship in which the indigenous boy itself is treated as a frontier. Parks and streets where indigenous people are to be found become a frontier, a place where law has authorized its own absence, and where the police can violate Indigenous people with impunity. The most iconic deaths of Indigenous in custody looks at freezing deaths. Indigenous men are found on the outskirts of the city of Saskatoon, where police all had encounters with them before their deaths. This misconduct has been seen as an extreme issue where Human Rights have been

Related Documents

  • Decent Essays

    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…

    • 138 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    Their community was evicted by the Canadian hired mining security and whoever refused was tear gassed. The families’ home were dismantled and their lives destroyed. The indigenous men feared for their lives and escaped, leaving their wives and children behind. The men believed the security would not touch women and children, but unfortunately they were wrong. Many children and women suffered under the Canadian hired security.…

    • 1171 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Colonial systems have been working to oppress Indigenous people since European colonizers first arrived in North America. Though as history has gone on and awareness has been spread, there are still many active colonial systems in Canada today that are still actively creating a negative impact on Indigenous people. One major example of these systems is the justice system. In David Milward’s Reconciliation & Indigenous Justice: A Search for Ways Forward, Milward investigates these systems and goes through proposed solutions to help stop the discrimination that Indigenous people face in the justice system. Indigenous people in Canada make up approximately five percent of Canada’s population yet make up over thirty percent of adults admitted…

    • 1094 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    More recent inquiries have indicated racism against Indigenous people is especially problematic in Canadian police…

    • 881 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Why Say Settler Analysis

    • 1203 Words
    • 5 Pages

    In the text “Why Say Settler?” it is argued that “Canada remains colonial by dishonouring treaties, systematically discriminating against Indigenous peoples, maintaining reserves as economically marginalized and politically disempowered, and not doing nearly enough to address the present-day effects of historical warfare, murder, and policies of assimilation”. To this day, the Natives are subjected to harsh stereotypes caused by historical events, as well as unfair representations created by the mass media. It is these representations as well as the dominant ideology of colonialism that have caused the many cases of police brutality, cases such as the Missing and Murdered Indigenous Women, racism and violence towards the Natives. One may even witness this violence in the film “Kanehsatake: 270 years of resistance”, where 75 Mohawk men and women were harmed during the Oka Crisis and one elderly man was unjustly killed.…

    • 1203 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    A “State of Crisis” was found and it concluded that conflict exists between the CJS and traditional Aboriginal approaches (Griffiths, 2011). The plight of Aboriginal women being discriminated against is rising as the numbers of missing and murdered Aboriginal women drastically increases. According to Human Rights Watch (2011), “the failure of law enforcement authorities to deal effectively with the problem of missing and murdered indigenous women and girls in Canada is just one element of the dysfunctional relationship between the Canadian police and Indigenous people” (p.140). The amount of discredited women in the files of the RCMP displays their absence in the cases of the missing Aboriginal women and girls. “The Native Women’s Association of Canada estimates that there were 582 cases of missing and murdered Aboriginal Women and girls – while RCMP places the number at less than 100” (Griffiths, 2011).…

    • 1027 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Further, the language used by John A. Macdonald in the Legislative Assembly when describing the formation of a united Canada refers to a union for the benefit of people of “the same blood and lineage” which has obvious racial and cultural implications. The residential school system, the early iterations of the Indian Act that were pioneers…

    • 948 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Intro The emergence of indigenous courts captures the general public’s attention. Not only deploying innovative practices of justice, it acknowledges the devastating and enduring effects that indigenous people suffer since the period of colonization. Indigenous people continue to be disproportionately disadvantaged in the society. Since the early 90s, nations such as Australia and Canada begin to be more aware of the difficulties that indigenous people have confronted such as the effects of colonization, racism and overrepresentation in the Criminal Justice System.…

    • 1331 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Police discretion can involve prejudice against indigenous communities because they are continuously under surveillance by law enforcement agencies, which leads to overrepresentation of Aboriginals in the justice system (La Prairie, 2002, pp. 189-191). However, over-policing can also be influenced by presence of actual crime in these indigenous neighbourhoods because Aboriginals experience poverty to a greater extent that causes them to commit criminal activities including theft, burglary or joining gangs (Fitzgerald & Carrington, 2008, pp.…

    • 888 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Based off the history of indigenous peoples in Canada, one thing is for certain; discriminatory and inhumane acts by European conquest, towards a unique culture has altered the Aboriginal way of life we see in Canada today. While the Truth and Reconciliation Commission (TRC), has been evolving and developing for multiple years, these 94 recommendations give important insight and suggestions in how the nation of Canada can move away from this unjust history, reconcile and work towards becoming a stronger nation. While it may seem that reparations are impractical from the devastations of such events as the Indian residential schools, the TRC has been a timely process with the intent to restore an altered Aboriginal life and strengthen ties with…

    • 1149 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Indigenous over-representation in the criminal justice system has been the focus of numerous reports, discussions and research projects since the Royal Commission into Aboriginal Deaths in Custody in 1991 (Wahlquist, 2016). Revealing unacceptably high Indigenous imprisonment rates, the data is grim, indicating that even though comprising less than 3% of the population, Indigenous people represent almost 33% of the prison population, and over 50% of all young people in detention (Australian Bureau of Statistics, 2015). Research into Indigenous Health has revealed that Indigenous Australians are 13 times more likely than non-Indigenous people to be incarcerated (Australian Medical Association, 2015). Imprisonment rates increased by 46% for Indigenous…

    • 823 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Violence against Aboriginal Women in Canada The rates of violence against aboriginal women is attributed to the intersectional, systemic oppression in societal construct and deep rooted racial discrimination in Canadian society. Through analyzation of recent academic articles and sources; core relating ideologies converge on the theme that social construct, ethnic marginalization and systemic racialization are factors which attribute with the victimization of violence in aboriginal women in Canada. “Overall,it has been consistently found that Aboriginal women have a higher likelihood of being victimized compared to the rest of the female population"- (Sinha, 2014)” Though violence against women is a pressing issue, the violent victimization…

    • 1309 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    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…

    • 1127 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    In chapter eight of Lisa Monchalin’s The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, she discusses the crime that is affecting Indigenous persons. She explains that there are many factors leading to the victimization and over-representation of Indigenous persons, all of which are a result of colonialism and colonialist ideologies. In discussing this issue, Monchalin mentions that students living both on and off of reserve, face a struggle in their education and academic attainment. The students who are off reserve, were stated to have faced this struggle due to the fact that many school systems had the high “prevalence of institutional forms of racism as well as evident, direct racist actions and attitudes…

    • 875 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Race And Crime Essay

    • 4514 Words
    • 18 Pages

    The relationship between race and crime and its impact on decisions in the criminal justice system is a topic of controversy in both public and academic spheres. The imprisonment of ethnic minorities at a higher rate than their White counterpart occurs in most western nation (La Prairie, 1999; Tonry, 1995, 1997). In Canada, the overly represented groups are Aboriginals (First Nations, Inuit, and Metis) and Black Canadians relative to their incidence in the general population (Roberts & Stenning, 2001; Owusu-Bempah & Wortley, 2013). The over-representation of Indigenous Canadians in the penitentiary has been widely documented both in government reports and academic literature (Badock, 1976; Aboriginal Justice Inquiry of Manitoba, 1991; Clark…

    • 4514 Words
    • 18 Pages
    Great Essays