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Racial disparities in the criminal justice system Eight charts
Drawing upon the positive results of the American tribal court system, which we will discuss shortly, as well as on the failure of the courts established by the Department of Indian Affairs and the failure of the established administration of justice to provide justice adequately to or for Aboriginal people, we conclude that the most appropriate course to follow is not simply to establish a system of Aboriginal courts in Manitoba, but to establish fully functional Aboriginal justice systems, complete with appropriate and related police and justice programs, support services and legal systems.
In sentencing, judges are limited by the maximum and minimum penalties laid out in the Criminal Code or, if the offender is between 12 and 17 years old, by the Youth Criminal Justice Act. Sentencing decisions may also be affected by provisions in the Canadian Charter of Rights and Freedoms (for example, evidence may be deemed inadmissible if it was obtained in a way that violates the Charter's provisions). If an offender is given probation, it is the judge who sets the conditions. Sentences may be appealed, in principle, all the way up to the Supreme Court of Canada.
690 Criminal Code (Cr.C.) to the Minister of Justice for mercy.
This legislation was a substitute for an earlier statutory scheme, dating back to the Depression, which did not contain a local government structure but did include, at various points in time, a community court system comprised of a magistrate and Aboriginal justices of the peace sitting together in judgment on minor offences.
Aboriginal people in each country are making ever stronger demands upon the justice system to reform itself and to involve the indigenous community in its plans and operations.
The section 107 justice of the peace system makes both distinctions.
We also believe the exclusion of Aboriginal people from decision-making positions within the justice system virtually guarantees that none of the discretionary decisions made by system personnel will be culturally appropriate to Aboriginal people.
Aboriginal people feel a strong sense of injustice about the manner in which they have been treated by governments and the justice system over the years.
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Essay on canadas criminal justice system
These include the economic disadvantages that Aboriginal people experience, the impact of the poor quality of educational service provided to Aboriginal people, cultural differences between Aboriginal and non-Aboriginal people in their approach to the law, the lack of Aboriginal people employed in the justice system and the level of service that the justice system provides to Aboriginal people.
The Criminal Justice System Essay ..
Repeatedly, for example, we were told that one major problem which contributed to Aboriginal over-representation in the justice system was the socio-economic conditions faced by Aboriginal people throughout the province.
More about Canada's Justice System Essay examples
When these individuals hold positions of authority in our institutions, the result is institutional discrimination against native people and perpetuation of injustice and lack of equal opportunity.
Public confidence in the criminal justice system
In order for a society to accept a justice system as part of its life and its community, it must see the system and experience it as being a positive influence working for that society.
The Under-Employment of Aboriginal People in the Justice System
We believe that part of the problem is that while Aboriginal people are the objects of such discretion within the justice system, they do not "benefit" from discretionary decision making, and that even the well-intentioned exercise of discretion can lead to inappropriate results because of cultural or value differences.
Wrongful convictions in the criminal justice system (BP-285E)
The reason would seem to be that Aboriginal distance from Manitobas justice system is not simply a geographical phenomenon, it is also a cultural one.
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