CHAPTER 12 Flashcards
Indigenous People and the Canadian Justice System
What issues do Indigenous people face in the Canadian justice system?
Indigenous people face systemic discrimination, overrepresentation in prisons, and a justice system that has historically focused on containing and controlling them.
When did significant attention start being given to issues Indigenous people face in the justice system?
Only in the past decade.
What is the key difference between Western and Traditional Indigenous justice systems?
Western justice is adversarial, while Indigenous justice is non-confrontational.
How does the concept of “guilt” differ in Western and Traditional Indigenous justice systems?
In Western justice, guilt is defined as guilty or not guilty, while Indigenous justice does not have the concept of guilty or not guilty.
How did Maclean’s magazine describe Canadian prisons in 2016?
As the “new residential school system.”
How is pleading guilty viewed in the two justice systems?
In Western justice, pleading guilty is a right to avoid self-incrimination. In Indigenous justice, it is seen as dishonest to plead not guilty if the person committed the crime.
How is truth viewed in Western and Traditional Indigenous justice systems?
Western justice expects the whole truth, while Indigenous justice acknowledges that it is impossible to know the whole truth.
What is the primary function of Western justice systems?
To ensure conformity, punish deviant behavior, and protect society.
What is the primary function of Traditional Indigenous justice systems?
To heal the offender, restore peace and harmony within the community, and reconcile the offender with the victim or the victim’s family.
How was Indigenous law and order passed down?
Indigenous law and order were passed down orally from one generation to the next.
How were offenders punished in Indigenous communities?
Punishment ranged from teasing and ridicule to corporal punishment or banishment, with banishment being a last resort.
What is the role of customary law in Indigenous communities?
Customary law focuses on instructing the youth in community-sanctioned behavior and maintaining relationships with family and neighbors.
How were lawbreakers viewed in Indigenous communities?
They were seen as serious threats to community stability.
What role did community leaders play in Indigenous justice systems?
Community leaders, especially elders, were responsible for conflict resolution.
What year was the North-West Mounted Police (NWMP) founded?
1873.
Why was the NWMP created?
To contain the whisky trade and maintain social control in the West.
What role did the NWMP play in Indigenous communities?
They removed Indigenous groups to specific territories and established the Queen’s Law.
How did the NWMP contribute to colonization?
The NWMP came to be seen as an oppressive force in the colonization of Indigenous peoples.
When was the RCMP formed?
1923.
What role did the RCMP play in Indigenous communities?
The RCMP was responsible for day-to-day policing on reserves until the 1960s.
What is the Aboriginal Joint Intelligence Group?
A group formed by the RCMP in 2007 to monitor 18 First Nation communities.
What did the Manitoba Justice Inquiry (1988) report about Indigenous people in the justice system?
Indigenous people were more likely to be denied bail, spend more time in pre-trial detention, and face harsher sentences.
How much of the federal inmate population did Indigenous people make up in 1991?
11%.
What was the Indigenous prison population in 2014?
22.8% of the total incarcerated population.
