Order from us for quality, customized work in due time of your choice.
Introduction
The criminal justice system (CJS) plays a crucial role in providing and ensuring the general safety, wellness, and productivity of the Canadian population. The efforts of making sure that the public of Canada presents as a law-abiding and just society with an effective justice system directly contribute to the nation’s well-being. Helping Canadians feel safe in their local communities and have confidence in the justice system improves their life quality and contributes to the country’s prosperity. However, some problems still affect the country’s justice system and should be explored in greater detail to understand their implications for the system overall. The specific problem that adversely affects the criminal justice system in Canada and is to be explored in this paper is the overrepresentation of Indigenous Canadians in the CJS. Moving past the challenge can release the arising tensions and strengthen the justice system, improving the quality of the population’s life. The chronic overrepresentation of the population in the country’s criminal justice system is attributed to Canada’s colonial history, cultural challenges, the lack of attention to the specific needs of the community, and the differences in Native and Western approaches to justice.
Overrepresentation of Indigenous Canadians in the Criminal Justice System
The colonial history of Canada has facilitated the development of oppressive laws, policies, and systems, all of which have contributed to the overrepresentation of Indigenous people in the country’s CJS. Based on available data, Native people are overrepresented in the CJS as both victims of crime and perpetrators. For instance, in 2016 and 2017, Indigenous adults accounted for 30% of provincial or territorial custody admissions, 27% of admissions to federal custody, and 27% of the federal in-custody population (Canada Department of Justice, 2018). Besides, Native youth accounted for half of the custody admissions (Canada Department of Justice, 2018). The rates of admissions based on ethnic status have been trending upwards. Moreover, while the rates of victimization for Native people are high, it is essential to note that this does not mean that they are more likely to commit crimes because of their inherent traits (Clark, 2019). This means that being Indigenous in itself is a significant risk factor in becoming a victim or committing a crime. Instead, it is the social and historical factors that have the largest impact on potential victimization.
The large numbers of Native people in the CJS have developed as a result of systemic discrimination, including policing, governmental, legislative, and judicial structures. Within research literature, the problems of Indigenous people being over-policed and under-policed have been identified as an instance of systemic discrimination (David & Mitchell, 2021). Indigenous people are believed to be targeted by police, which leads to more interplays between courts and the ethnic group. In addition, studies have revealed that biases have led to Indigenous people being considered less worthy victims by law enforcement, with their credibility questioned and requests for help being ignored or not adequately addressed (Government of Canada, 2020). Therefore, the issue of ethnic and racial bias presents a significant problem for Canada’s CJS as the Indigenous population is subjected to scrutiny and lacks institutional support.
One of the factors contributing to the high number of custodial sentences for the Indigenous population is that the group is frequently denied bail, which results in more extended periods of pre-trial detention or remand. However, it is necessary to note that there is limited information available to confirm or deny the anecdotal accounts, which points to the limitations in the system. According to the findings of the Federal Correctional Investigator (2020) report, in comparison to non-Native people, Indigenous individuals serve disproportionately more of their sentence behind bars. This is because of the lack of inclusion in community supervision programs and the extensive representation in maximum-security institutions. The position of Native people in Canada’s CJS has developed due to the impact of systematic discrimination and colonialism, which have resulted in disproportionate rates of incarceration of Indigenous people.
The implications of the overrepresentation of Native populations in Canada’s criminal justice system entail the reduction of the community’s well-being, life quality, and educational and professional opportunities. For Indigenous groups, justice is a reflection of their legal traditions, which are closely related to kinship and close relationships within their communities. The emphasis is placed on close connections, restoring peace and balance within the community, and addressing harm through healing and integration. In contrast, Western approaches to justice are usually less relationship-focused and are focused on restorative justice principles. Besides, the normative behaviors that are part of Indigenous cultures may be misinterpreted by the officials within the Western justice system (Canada Department of Justice, 2018). Specifically, Native witnesses avoiding eye contact when giving testimony in court may be a sign of respect, while others may interpret it as a sign of guilt or deceit. The fundamental differences in the way in which Native Canadians and the rest of the country’s population approach justice can lead to further marginalization and overrepresentation of Indigenous people in the CJS.
To alleviate the burden of the overrepresentation of Indigenous people in Canada’s criminal justice system, it is imperative to implement culturally relevant community-based justice programs. The development of justice-related services and programs for Indigenous communities based on their local needs and specific cultures may have a positive influence on the group. Specifically, the accused and/or convicted Native individuals who have engaged in such programs are more likely to show lower rates of reoffending in contrast with the efforts embedded in the Western CJS. It is necessary to draw from the philosophy of the restorative principles of justice and healing that are based on close relationships and kinship. Therefore, a more culturally-sensitive and holistic approach to social justice may be implemented to facilitate problem-solving and address any challenges by offering excellent support and opportunities for healing and integration into society.
Conclusion
Despite the efforts to address the problem, the overrepresentation of Indigenous people in Canada’s CJS, especially in correctional facilities, continues to increase. Expert institutions such as the Supreme Court, Truth, and Reconciliation, Commission, or Royal Commission on Aboriginal Peoples suggest that overcoming the long-standing and persistent challenges stemming from colonialism should be the main goal of local governments and Indigenous communities and organizations. For example, the Department of Justice Indigenous Justice Program has been supporting community-focused programs for justice implementation that provide alternatives to mainstream processes in appropriate circumstances. Further progress, which entails setting the conditions for justice policies to be making positive and long-lasting change, needs to occur as soon as possible and with consideration of cultural differences. Then, the overrepresentation may become an issue of the past.
References
Canada Department of Justice. (2018). Understanding the overrepresentation of Indigenous people in the criminal justice system. Web.
Clark, S. (2019). Overrepresentation of Indigenous people in the Canadian criminal justice system: Causes and responses. Web.
David, J-D., & Mitchell, M. (2021). Contacts with the police and the over-representation of Indigenous peoples in the Canadian criminal justice system. Canadian Journal of Criminology and Criminal Justice, 63(2), 23-45.
Government of Canada. (2020). National inquiry into missing and murdered Indigenous women and girls. Web.
Order from us for quality, customized work in due time of your choice.