injustice against indigenous peoples

… Indigenous leaders and legal experts in NSW are calling for a different approach for Indigenous defendants known as a Walama Court, where elders and local cultural norms play a greater role. Legislative change is part of the process.

Seven generations of residential school victims, deep-rooted female exploitation, state-induced violence, and unlawful incarceration, amongst a host of other atrocities, has led to a build-up of intergenerational trauma within indigenous communities across the country, she said. The Supreme Court in Gladue said judges had a role in over-representation and they should ensure that they had the information necessary to allow them to meaningfully address this provision of the code. And while Canada now imprisons fewer and fewer young people, more and more of those young people are Indigenous.

The whole justice system will have to be remade to break this cycle of despair. Aboriginal people who live in the Richmond-Tweed region and Sydney city areas were twice as likely as non-Aboriginal people to go to jail for any offence in the four years up to 2019. The recent acquittal by a jury of Gerald Stanley, a white farmer, in the shooting death of Colten Boushie, an Indigenous man from the Red Pheasant First Nation in Saskatchewan, has again raised issues about the way the criminal justice system deals with Indigenous people. We ask that you follow these guidelines. These are but 2 of the 13 provincial and federal inquiries, commissions and studies that have looked at the issue of Indigenous people and the justice system since 1989. For instance, many members of the city’s law enforcement and legal community have been credibly alleged to have availed themselves of the services of under-age sex workers, as documented in the aforementioned Thunder Bay podcast. The work of the Gladue writers is supported by Gladue caseworkers or aftercare workers, who work with offenders after they are sentenced. National Sorry Day acknowledges and remembers the mistreatment of Aboriginal and Torres Strait Islander people who were forcibly removed from their families and communities. Abolishing peremptory challenges — when lawyers do not have to give any reason for refusing to allow a person to sit as juror — was a recommendation of both the Manitoba Aboriginal Justice Inquiry, which reported in 1991, and the First Nations Jury Review in Ontario in 2013. Legislation it introduced in 2016 to eliminate mandatory victim fine surcharges that accompany a criminal conviction, which are impossible for homeless and poor people to pay, has not moved past first reading. Tying into police brutality is the interaction of police with racialized and Indigenous peoples in the first instance through over-criminalization. There are things that can be done and are being done to meaningfully address the over-representation of Indigenous people and the other factors that have led to the estrangement of Indigenous people from the justice system. If we are serious about reconciliation, we have to recognize that the justice system has been a place of injustice for Indigenous people. As a share of the population, they are 10 times more likely to die in jail. Brisbane Catholic schools undertake activities to raise awareness for National Reconciliation Week and so do many parishes, like Bracken Ridge parish’s celebration of Mabo Day on June 3.

Originally published on Policy Options April 30, 2018. This conclusion was also reached by the Supreme Court of Canada on three occasions.

CNA Staff, Oct 1, 2020 / 12:00 am (CNA).-   Federal officials announced on Tuesday a new policy that will make it possible for undocumented teenage immigrants in federal custody to procure abortions, after nearly three years of litigation regarding the matter. The federal government provides very little support for the production of Gladue reports. It’s not that the problem can’t be fixed. There are no such courts in Quebec or Manitoba, one in Saskatchewan (a Cree-speaking circuit court) and two in Alberta. That is what it was for the family of Colten Boushie.

Systemic injustice for Indigenous people must be addressed

Approximately 1,000 Gladue reports are written annually in Ontario. Some of that change will have to come from a fundamental reform of the way justice is delivered, and that will mean the development of Indigenous-controlled justice systems. There is no doubt that if and when some of the more regressive aspects of the previous government’s criminal law agenda come off the books, there will be more room for creative responses from the courts. The Court consistently pointed out in these cases that the issues facing Indigenous people are based on the direct and systemic discrimination they face every day in the justice system. The numbers are worse for Indigenous women, who make up over one-third of all women in jail. Despite the findings of commissions and courts, and despite promises by prime ministers to address this issue — specifically Prime Ministers Jean Chrétien (in the 2001 Throne Speech) and Justin Trudeau (in his 2015 mandate letter to the Minister of Justice) — the numbers tell a different story. A decade-long joint study recently published by Harvard, Yale and the University of Sydney found that 75 percent of Australians have an "implicit negative bias" against the Indigenous population. This is also the reason that so many of the inquiries and commissions mentioned earlier were called by provinces, because provinces have a significant role to play in addressing these issues. The failures by courts and the police are sending far too many Indigenous people to prison.

Until injustice against Indigenous peoples is healed, Australia will not be the land God calls it to be.

This article is part of the Widening the Lens on Criminal Justice Reform special feature. Elsewhere, we strive to cover a diversity of views without endorsing any of them. In 1998 in R. v. Williams, the Court found that jurors could be asked questions about their biases toward Indigenous people charged with criminal offences, since discrimination toward them was “rampant.” In 1999 in R. v. Gladue, the Court found that the over-representation of Indigenous people in Canada’s prisons was a “crisis in the Canadian criminal justice system.” The Court found that over-representation was “only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned.” In R. v. Ipeelee in 2012, the Court restated its findings in Gladue. These reports, prepared by writers working for Indigenous organizations, provide judges, lawyers and Crowns with information on the backgrounds of the offenders who are being sentenced and suggest alternatives to incarceration where possible. Archbishop Coleridge prayed on National Sorry Day – the eve of National Reconciliation Week – for the Indigenous peoples of Australia and entrusted them to the mercy and justice of God and to Australia’s patron Mary Help of Christians, whose feast was the day before. The scars of these wasted lives linger for generations. Initiatives such as Gladue reports and Indigenous persons courts make a real difference. Montreal, Quebec Gladue reports provide that information as well and thus offer real options for sentencing. by Jonathan Rudin. Do you have something to say about the article you just read?

That is what it is on a daily basis for Indigenous people across the country. In fact, many young Indigenous offenders would not even go to court if the council of Australian attorneys-general agrees to a proposal that has wide support to lift the age of criminal responsibility from 10 to 14. May 26, 2020. Mandatory minimum sentences are being struck down one by one by courts across the country but many remain, preventing judges from looking to meaningful alternatives to imprisonment for Indigenous and non-Indigenous offenders. Jonathan Rudin is the program director at Aboriginal Legal Services. The problem starts with the police, who are still overwhelmingly non-Indigenous.

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