Overrepresentation In The Criminal Justice System
INDIGENOUS OVERREPRESENTATION IN THE CANADIAN CRIMINAL JUSTICE SYSTEM
The increasing status of Indigenous overrepresentation is a clear indication of the failures of the Canadian Criminal Justice System. When analyzing the historical and current situation of the relationship between Indigenous persons and the CJS it becomes apparent why the Supreme Court of Canada refers to this situation as the ‘Crisis in the Canadian Justice System’. Correctional Service Canada statistics have indicated that although Aboriginals represent approximately 2.8% of the total Canadian population, they account for 18% of individuals incarcerated in federal institutions (Proulx, 2000). The sad reality behind this evident overrepresentation is the understanding …show more content…
In 1996, the sentencing provisions of the Criminal Code were significantly amended, after RCAP made distinct recommendations in 1995 (Proulx, 2000). Among the amendments was section 718.2(e), which instructed judges to look for alternatives to imprisonment that are reasonable to the circumstance, “…with particular attention to the circumstance of Aboriginal offenders”. The governments began to realize that overrepresentation was a major problem, and the reality that Indigenous people were being incarcerated at an extremely disproportionate rate. This new law gave the Criminal Justice System more sentencing options for Aboriginals, and attempted to eradicate the ‘one-justice-fits-all’ approach (Proulx, 2000). This, however, did not mean that Aboriginal offenders would receive a shorter sentence, or a ‘get out of a jail free card’; rather, judges could now consider two important factors. The first thing judges were asked to consider was what background and systemic factors that has brought the individual to court, and second, what available sanctions including community options are available and best suitable for the accused (LaPrairie, 2002). Although this was implemented in the late 1990’s, research has proven that 10 years later, overrepresentation has actually increased as opposed to decreased (LaPrairie, 2002). Judges are not given all the necessary information they need to apply these two factors that are entrenched within the Gladue (LaPraire, 2002). The built-in systemic discrimination by the judges makes it easy for them to ignore these considerations, and automatically sentence the offenders to prison. The aim of this section was to keep Aboriginals out of jail, and seek other alternatives that support the idea of restorative justice (Perreault, 2009). Our current legal system tends to be adversarial, however in Aboriginal
The increasing status of Indigenous overrepresentation is a clear indication of the failures of the Canadian Criminal Justice System. When analyzing the historical and current situation of the relationship between Indigenous persons and the CJS it becomes apparent why the Supreme Court of Canada refers to this situation as the ‘Crisis in the Canadian Justice System’. Correctional Service Canada statistics have indicated that although Aboriginals represent approximately 2.8% of the total Canadian population, they account for 18% of individuals incarcerated in federal institutions (Proulx, 2000). The sad reality behind this evident overrepresentation is the understanding …show more content…
In 1996, the sentencing provisions of the Criminal Code were significantly amended, after RCAP made distinct recommendations in 1995 (Proulx, 2000). Among the amendments was section 718.2(e), which instructed judges to look for alternatives to imprisonment that are reasonable to the circumstance, “…with particular attention to the circumstance of Aboriginal offenders”. The governments began to realize that overrepresentation was a major problem, and the reality that Indigenous people were being incarcerated at an extremely disproportionate rate. This new law gave the Criminal Justice System more sentencing options for Aboriginals, and attempted to eradicate the ‘one-justice-fits-all’ approach (Proulx, 2000). This, however, did not mean that Aboriginal offenders would receive a shorter sentence, or a ‘get out of a jail free card’; rather, judges could now consider two important factors. The first thing judges were asked to consider was what background and systemic factors that has brought the individual to court, and second, what available sanctions including community options are available and best suitable for the accused (LaPrairie, 2002). Although this was implemented in the late 1990’s, research has proven that 10 years later, overrepresentation has actually increased as opposed to decreased (LaPrairie, 2002). Judges are not given all the necessary information they need to apply these two factors that are entrenched within the Gladue (LaPraire, 2002). The built-in systemic discrimination by the judges makes it easy for them to ignore these considerations, and automatically sentence the offenders to prison. The aim of this section was to keep Aboriginals out of jail, and seek other alternatives that support the idea of restorative justice (Perreault, 2009). Our current legal system tends to be adversarial, however in Aboriginal