Midterm Flashcards
Colonial model
The territory of one racial group is invaded by other. The goal in this phase is to acquire valuable resources such as gold or furs.
A colonial society is formed…Native populations are forced to adopt the values and way of life of the colonial power.
Native people find themselves governed by representatives of the colonizers power, such as the police and military
o That forceful effort has strongly shaped the relationship between law enforcement agencies and Native populations, this reduces the likelihood that colonized populations will cooperate with the police, and the law
The colonial society develops a caste system based on race. As a result, access to socially valuable resources such as land, jobs, and education is shaped by racial considerations.
o This provides opportunities for settler populations and an economy of disadvantage for Natives
Physical genocide
mass killing of the members of a targeted group
Biological genocide
destruction of the group’s reproductive capacity.
Cultural genocide
destruction of those structures and practices that allow the group to continue as a group
Cultural genocide involves destroying a group’s political and social institutions, seizing their land, forcibly moving their populations and having their movement restricted, banning their languages, persecuting their spiritual leaders and banning their spiritual practices, objects of spiritual value are confiscated and destroyed and families are disrupted to prevent transmission of cultural values and identity.
o Canada did all these things.
Goal of the Indian Policy
was to end Indian status and terminate the Treaties that the federal government had negotiated with FN
They pursued cultural genocide to rid itself of its legal and financial obligations to Indigenous and gain control over their land and resources.
TRC’s description of reconciliation
an ongoing individual and collective process, and will require commitment from all those affected including FNs, Inuit, and Metis former Indian Residential School students, their families, communities, religious entities, former school employees, government and the people of Canada.
TRC’s definition of reconciliation
“an ongoing process of establishing and maintaining respectful relationships.”
o Involves repairing damaged trust by apologizing, providing individual and collective reparations, and following through with concrete actions that demonstrate real societal change.
o Establishing respectful relationships requires the revitalization of indigenous law and legal traditions
Reconciliation cannot occur without..
listening, contemplation, mediation, and deeper internal deliberation.
When was the TRC established
was established in 2008 under the terms of the Indian Residential Schools Settlement Agreement
Overrepresentation of Indigenous People in the Criminal Justice System
The indigenous prison population in the Canadian Prairie Provinces is excessively high: “Among the provinces, Aboriginal adults made up the greatest proportion of admissions to custody in Manitoba (74%) and Saskatchewan (76%). These two provinces also have the highest proportion of Aboriginal adults among their provincial populations at 15% for Manitoba, and 14% for Saskatchewan (Statistics Canada)
Harm reduction
Harm reduction is a concept among healthcare workers that seeks to reduce the negative health consequences of drug abuse.
Health care practitioners should so the people how to use the drugs so they are less harmful on you. For example, using fresh needles; don’t take too much drugs, use less and then taper off.
Indigenous women are most likely…
Indigenous women are most likely to go missing in urban areas and “are three times more likely to be killed by a stranger than non-Aboriginal women are”.
Who are most likely to be victims of homicide in Canada
Indigenous males. 7 times more likely than non-aboriginal males
Indigenous youths are overrepresented…
in custody, 34% female, 24% male
Police towards Indigenous
Indigenous peoples are singled out by police and treated like criminals.
Police often view indigenous males as criminal types while indigenous women are stereotyped as prostitutes
What has stereotyping of indigenous led to
The stereotyping of indigenous has invariably led indigenous homicide victims to receive less attention in the media and the justice system than mainstream Canadians who are victims of homicide
Rate for Aboriginals accused of homcidie
Rate for Aboriginals accused of homicide is ten times higher than non-indigenous
Common factors related to colonialism that increase the risk of being a victim and being a perpetrator of violence
o The commonalities that increase the risk of being a victim and a perpetrator of violence are rooted in conditions and implications of historical colonization
Forced into residential schools where they experienced abuse, imperialism, racism, and patriarchy.
• Effects include addiction issues, low self-esteem, and male dominated communities.
What’s the rate of murders of Aboriginal women that remain unsolved
Almost half
Six main reasons of overrepresentation of aboriginal people in Canadian justice system
- Intergenerational legacy of residential schools
- Systemic Bias in the Criminal Justice System
- Mandatory minimum sentences
- Social assumptions
- Challenges of assessing rehabilitation programs in prison and after prison
- Negative stereotypes
how common is co-substance-user relationship among Aboriginal females
A ‘co-substance user’ relationship was three times more common among Aboriginal females killed by a casual acquaintance (38%) than among non-Aboriginal females (12%).
o Casual acquaintance relationship was based solely on the co-consumption of alcohol, drugs, or other intoxicating substances immediately prior to the homicide.
Overrepresentation in prisons
The overrepresentation of Aboriginal women in Canadian prisons is even greater than that of Aboriginal men
o Aboriginal men are incarcerated at big rates because these are male prisons
o Aboriginal women are incarcerated for more violent crimes than non-Aboriginal women
Homcide rate of Indigenous compared to non-Indigenous
Aboriginal people were victims of homicide at a rate that was about seven times higher than that of non-Aboriginal people
The homicide rate for Aboriginal females was six times higher than for their non-Aboriginal counterparts.
Gladue report
Gladue decision said they were going to make special efforts to find reasonable alternatives to imprisonment for Indigenous and to take into account the background and systemic factors that bring them into contact with the justice system
Gladue decision resulted in the production of more extensive pre-sentence or reports that detail the background and contextual circumstances of Aboriginal offenders.
o These reports are supposed to inform judges decisions and encourage alternative options to incarceration
o Some jurisdiction provide few resources for the intensive, specialized, and culturally sensitive work that is necessary to produce an adequate Gladue report
The Supreme Court pointed out that some judges had erred in their application of Gladue by concluding that it did not apply to serious offences or that it required an offender to demonstrate a casual connection between the commission of the crime and the legacy of residential schools or other background or contextual factors that help explain why an Aboriginal offender is before the courts.
Even if excellent Gladue reports were prepared from coast to coast, they would still fail to make a difference in the amount of Indigenous overrepresentation in the prison system without the addition of realistic alternatives to imprisonment
Will overrepresentation increase or decrease with mandatory sentences
Overrepresentation will increase with mandatory minimum sentences. Will prevent judges from implementing community sanctions even if it’s consistent with the safety of the community and a greater potential to respond to the intergenerational legacy of residential schools that often result in offences by Indigenous
Effects of FASD
Offenders with FASD had much higher rates of criminal involvement than those without FASD
o There’s a need in Indigenous communities for more programs that address the problems of addiction and FASD
Called upon the governments to recognize as a high priority the need to address and prevent FASD and to develop in collaboration with Indigenous, FASD preventive programs that can be delivered in a culturally appropriate manner.
Even if trial judges know the symptoms of FASD, they are generally unable to take notice of FASD without evidence of a diagnosis
o An official diagnosis entails a long and costly process of multidisciplinary referrals
o Better diagnostic tools are needed as well as sufficient resources for intensive community programs as realistic alternatives to jail and as a support for those with FASD to avoid repeated conflicts with the law
Mandatory minimum sentences complicates the situation of offenders with FASD as it denies judges the flexibility to consider individual circumstances in their sentencing
o Prison could be used unnecessarily as another expensive crisis intervention for offenders with FASD
o Government can do more to tailor correctional and parole resources to facilitate the reintegration of offenders with FASD into their communities
Call on the government to undertake reforms to the criminal justice system to better address the needs of offenders with FASD
When can help with the healing of inmates
Aboriginal culture and spirituality can contribute to the healing of the inmates, increased self-esteem, and to positive changes in lifestyle that make release and reintegration a real possibility,
o Recidivism rates for indigenous who participated in spiritual activities were lower than those who did not