A wide-ranging number of concerns were raised relating to the way the justice system deals with violence against Aboriginal women and girls. This included concerns with the police system, the judicial system, and the correctional system.
Witnesses raised concerns of the non-response of police services to cases of violence against Aboriginal women. In domestic violence situations, police do not always respond in a timely manner to calls for assistance. Witnesses also stated that police sometimes dismiss claims of sexual assault if the woman is Aboriginal and leads a “high-risk” lifestyle.
The Committee heard of challenges with the application of the laws, where double charges are applied by police and Aboriginal women are treated as
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The Committee has heard mixed testimony about whether alternative justice approaches are appropriate for domestic violence cases. In Iqaluit, witnesses told the Committee that Elders rarely ask that people be removed from communities, but prefer to deal with the accused as part of a family unit and as part of the community. Melanie Nimmo, assistant professor in Criminal Justice, University of Winnipeg, and Member of the Board, John Howard Society of Manitoba, said that their restorative justice program instils accountability on the part of the offender while helping to heal the victim and that 89% of their clients successful complete the program conditions without reoffending.[41] However, other witnesses voiced concerns that restorative and alternative justice practices were not a safe resolution for women who have experienced violence. Witnesses suggested that standards and screening guidelines must be established to ensure that female victims are not re-victimized or put in danger in the process.
Racism continues to be a concern for Aboriginal people—in relation to both the police and the judiciary. Witnesses spoke of establishing a requirement to screen judges and police for prejudices before hiring and of offering anti-racism and anti-oppression training, specifically related to Aboriginal women.
The case highlights the complexities of achieving justice, especially in cases involving historical injustice, systemic racism, and power dynamics. While the legal system made efforts to address the situation, the broader context of social and historical factors suggests that there is still work to be done in ensuring full justice for victims of crime. Thus, the Australian legal system's effectiveness in achieving justice for victims of crime may be limited by deeper societal issues that need to be addressed for a more equitable and just legal system. The case of Kumanjayi Walker highlights the longstanding issues of injustice and discrimination faced by indigenous communities in Australia, and raises questions about the ability of the legal system to address these systemic issues. The legal system is not operating in a vacuum, and its effectiveness in achieving justice for victims of crime is influenced by broader societal factors such as historical injustice, systemic racism, and power
THE POLICE criticism toward residents of a small inner-city Sydney suburb of Waterloo must signal the end of society and media depictions that has created an inability to deem the residents’ constant claim of police harassment and violence. It is time we should accept the grim fact that many existing attitudes towards the most disadvantaged people, Indigenous Australians, are part of this mayhem-like problem.
“These folks have been victimized twice. Once when their daughters, their sisters, their mothers have gone missing. And then, a second time when the justice system has utterly failed them in the pursuit of the justice they so rightly deserve. There can be no solution until we get to the truth in the heart of the matter, that this is a complex issue. The sources of this violence against Aboriginal women and girls is complex, but it… there’s no possibility of finding those solutions unless we actually have the truth on the table. And the resistance from this government time and time again, to have the courage and the leadership to approach this conversation and find that truth… is yet a third victimization of these families” (Pope C. & Smiley M., 2015)
Consider what Blagg (2008) and Cunneen (2007) have said about the relationship between Aboriginal communities and the police. What are the major sources of concern, in relation to Aboriginal over-representation in the criminal justice system and what efforts have been made to reduce this over-representation?
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) in 1991 provided documentation on the death of indigenous Australians in prison or police custody. In doing so the report highlighted the substantial over representation of Aboriginal and Torres Strait Islander people in the Criminal Justice system and provided detailed analysis of underlying factors. The reports findings were believed to be the foundation of change. However, regardless of a range of policy changes and crime prevention programs in repose to the report, over representation in the criminal justice system remains. The issue is one of the most significant social justice and public policy issue in the contemporary Australian criminal justice system. The RCIADIC made 339 recommendations, most of which have been implemented into the criminal justice system over the past two decades. Never the less the systematic over representation remains prevalent. The purpose of this essay is to understand over representation as it exists in the contemporary criminal justice system. Particular emphasise will be placed on the levels of women and youths in the criminal justice system, their contact with the system and empirically based risk factors pertaining to over representation. An evaluation of alternative programs in the pre and post sentencing stage and the impact such programs would have on the over representation will be conducted.
Aboriginal women face disproportionate challenges throughout their incarceration which impacts their successful community reintegration. Over the last ten years, inmate assaults involving Aboriginal women have exponentially grown, almost doubling, while use of force incidents have more than tripled. Rates of self-injury involving incarcerated Aboriginal women are seventeen times higher than that of non-Aboriginal women. To agree with Baldry, Carlton, and Cunneen, using Indigenous women as a focus point is beneficial because their "experiences embody and exemplify the intersections between colonial and neocolonial oppression and the multiple sites of gender and disadvantage and inequality that stem from patriarchal domination." Cunneen highlights that Indigenous women actually live in "many prisons"; the prison of misunderstanding; the prison of misogyny; and the prison of disempowerment. Patricia Monture insists that one way women can resist oppression and facilitate social change is by telling their own stories. The Task Force for Federally Sentenced Women developed a report called Creating Choices, which attempted to relocate the power to make choices in womens' lives out of the hands of prison officials and back to the women themselves because, according to the findings of the Task Force, it is only when people are treated with respect and when they are empowered can they take responsibility for their actions and make meaningful decisions. Monture-Okanee reflects on the irony of the final report
No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst
How often do we stop to think about the minorities of this country and how they become involved and are treated in the criminal justice system? I surmise; only some of us will concern ourselves with such details. For some like myself; we might work with individuals of the Aboriginal community or have interacted with members of this group whether through school or work. Canada “had an Aboriginal identity in 2011 of 4 % or 1.4 million people” (Kelly-Scott and Smith, 2015). Of this total there is a gross overrepresentation of Aboriginal people in Canada’s Criminal Justice System. This overrepresentation of Aboriginals in the CJS comes as a result of socio economic factors, sentencing reforms, systemic discrimination, education and employment and victimization of Aboriginal women. In partial fulfilment of this course, this paper will address the leading factors which has led to the overrepresentation of this group in the CJS.
Both males and females amongst the aboriginals are overrepresented in the various levels of secured custody. However, based on the enormity of the native involvement in the Canadian Penal System, there
In Canada, there has been an on going concern in the matter of missing and murdered Indigenous women. Although many First nations individuals have many barriers placed upon them by society, the government and many other institutions. Indigenous women face many of these barriers very harshly. Aboriginal women are vulnerable to many different forms of abuse because of not only being female but also due to issues such as poverty. First nations citizens have been faced with extreme difficulties throughout every aspect of their lives. These difficulties ultimately include the discrimination they face daily from police services, lack of resources in order to assist their need, etc. There have been many problems which have lead up to the social problem of missing and murdered Indigenous women which include the historical upbringing of our First nations population, and unfortunately through recent factors as well. Theories like the feminist theory assist in the debunking of this problem and give us a brief insight into the situation. To this day, the very serious issue of missing and murdered Indigenous women is a key issue, which has been left with many cases unsolved. This in part clearly demonstrates the lack of efforts put in place by Canadian police in order to combat this problem. A case, which raised serious problems in North America, is the case of Lisa, a young Metis woman who at the age of fifteen disappeared walking home from a shopping trip, to which she was never found.
In the article “Domestic violence against indigenous women is everybody’s problem” domestic violence is depicted as a serious social problem that involves “unspeakable acts of violence” that leaves victims experiencing fear and despair (Taylor 2014). More specifically, the social construction of domestic violence will be discussed with an emphasis on Aboriginal women and a typology of intimate partner violence. The social construction of domestic violence has serious implications for victims of domestic abuse because there is a failure to address the processes that perpetuate the violence. Instead, domestic violence is addressed through the illusion of social support. What is evident is that domestic violence is a social problem that requires comprehensive services, particularly for indigenous women, to address the complexity of the interaction between the individual’s social location and the causes that lead to the violence.
Women no matter where they are in the world are too often victims of violence. They face higher rates than men both if it is sexual assault, stalking, or severe spousal abuse and usually the results are that women will end up extremely injured or dead. With young women suffering the highest rates of violence, Aboriginal women in particular face an increased risk of violence compared to non-Aboriginal women. Aboriginal women in Canada are three times more likely to experience crucial and severe violence compared to non-Aboriginal women. Most of these women end up missing and murdered. The predicaments of missing and murdered Aboriginal women has brought tremendous pain and suffering in homes, in families and throughout Aboriginal communities. Many sources and factors have contributed to hindering solving this issue. Media and discrimination have long been known to have played a huge role in this tragedy.
The over-representation of Indigenous people in the criminal justice system is a large problem in society and reasons as to why this may be occurring need to be examined (Walker & McDonald, 1995; AIC, 2013). Indigenous Australians make up less than three per cent of the overall Australian population, however Indigenous people are over-represented in Australian prison populations, with imprisonment rates that are around 12 times those of the rest of the Australian population (AIC, 2013). Rates of over-representation are even higher in juvenile detention, with a 10-17 year old Indigenous person being around 24 times more likely to be in detention than a non-Indigenous person of the same age (AIC, 2013; Cunneen & White, 2011). Indigenous Australians overrepresentation in the criminal justice system is usually due to offences pertaining to violence and public disorder (ABS, 2010; Hogg & Carrignton, 2006). This is endorsed by the fact that Indigenous Australians currently make up 40 per cent of those imprisoned for assault offences (AIC, 2013). The over representation of Indigenous Australians in the criminal justice system may be attributed to a variety of reasons, known as risk factors (AIC, 2013).
Provision [SCRGSP], 2005; Jeffries and Bond, 2012). It is also widely discussed that there is an overrepresentation of Indigenous Australians in the criminal justice system itself (Jeffries and Bond, 2009), representing up to one quarter of prisoners in Australia (Makkai and Payne, 2003; Payne, 2005). This essay will address the current issues that Indigenous Australians face within the criminal justice system, particularly, with courts. The aim of this essay besides addressing these issues will also be to provide suggestions or alternatives that may help resolve the presented issues and improve the experience for Indigenous Australians in court.
The issue of violence against Aboriginal women is my chosen subtopic that strongly contributes to the history of Aboriginal women’s struggle for rights and identity in Canada. To search relevant newspaper articles for this topic, the databases that were used were Lexis-Nexis Academic Universe, as well as Canadian Newsstand Major Dailies. The reason these two databases were chosen was because Canadian Newsstand offered articles from multiple newspapers in the country, therefore providing me with diverse news in different provinces other than Ontario. The article I obtained from Canadian Newsstand was Canada Called on to Stop Violence Against Aboriginal Women from the Leader Post newspaper in Saskatchewan. Lexis Nexus provided one article I