Module 8 - Belanger Ch 12 - Indigenous People & Justice System Flashcards
What has historically characterized the relationship between Indigenous peoples and the Canadian justice system?
A systemic predisposition to view Indigenous peoples as inherently criminal, combined with prejudice, discrimination, and systemic racism.
How did the Indian Act (1876) influence systemic discrimination in the Canadian justice system?
It made many aspects of Indigenous culture illegal, leading to the internalization of these restrictions by law enforcement and perpetuating stereotypes of Indigenous criminality.
What is one example of systemic failure in investigating Indigenous deaths in Canada?
The Thunder Bay Police Service’s inadequate investigations into the deaths of seven Indigenous youth, influenced by racist assumptions and delayed responses.
How have Indigenous women been disproportionately affected by police abuse?
Many have reported excessive force, sexual assault, and systemic neglect during investigations of violence against them.
What statistic highlights the overrepresentation of Indigenous peoples in Canadian prisons as of 2020?
Indigenous peoples made up 30.4% of the incarcerated population while accounting for only 5% of Canada’s population.
How do traditional Indigenous justice systems differ from Western justice systems?
Indigenous justice emphasizes reconciliation, community balance, and healing, whereas Western systems focus on punishment, conformity, and protection of society.
What role did the North-West Mounted Police (NWMP) play in colonizing Indigenous peoples?
They enforced European legal and moral codes, controlled Indigenous mobility, and suppressed traditional practices under the guise of maintaining peace.
What were “starlight tours” and their impact on Indigenous communities?
A practice where police abandoned Indigenous individuals on the outskirts of cities, often leading to deaths from hypothermia, exemplifying systemic racism in policing.
What are the causes of Indigenous overrepresentation in the Canadian justice system?
Factors include systemic racism, intergenerational trauma, socioeconomic inequality, and the displacement of customary Indigenous law.
How did the RCMP contribute to the residential school system?
By acting as truant officers to forcibly remove children from their families and bring them to residential schools, furthering colonial assimilation policies.
What did the Manitoba Justice Inquiry reveal about Indigenous experiences with the Canadian legal system?
Indigenous people face systemic barriers such as higher denial of bail, longer pretrial detention, limited legal representation, and higher incarceration rates.
How do incarceration rates for Indigenous women compare to their population size?
Indigenous women make up 42% of the female inmate population despite constituting a much smaller percentage of Canada’s total population.
What is the primary goal of Indigenous customary law?
To restore peace, maintain community balance, and reconcile offenders with their communities and victims, focusing on rehabilitation rather than punishment.
What systemic issues continue to affect Indigenous interactions with the Canadian justice system?
Entrenched racism, over-policing, lack of culturally appropriate justice models, and reliance on colonial legal frameworks.
What are Gladue Rights, and what case established them?
Gladue Rights stem from the Supreme Court’s 1999 decision in R. v. Gladue, requiring courts to consider the unique circumstances of Indigenous offenders during sentencing. All Indigenous people in Canada are entitled to prepare Gladue reports for this purpose.
