CRM 400 Lecture Notes - Lecture 9: Sui Generis, Canadian Indian Residential School System, Power Of A Point

• School: Ryerson University
• Department: Criminology
• Course: CRM 400
• Professor: Kelly De Luca

Document Summary

All available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders. They see the purposes of the criminal law in a different way. Asking judges to rethink sending aboriginals to prison because of overrepresentation: v. gladue (1999) S. 718. 2(e) is intended to remedy systemic injustices. Circumstances of aboriginal offenders are unique and different from those of non-aboriginal offenders. Imprisonment is less appropriate/useful for aboriginal offenders. Remedy historic injustices- purpose of not sending aboriginal people to prison. Systemic factors and parliament"s attempt to resolve this problem. Aboriginal offenders are unique, and less appropriate and not useful for them. Restorative justice approach because of cultural differences- recognizing that the causes are different than non-aboriginal factors. Residential schools and the effects on aboriginal people- extra causes of crime specific to aboriginal offenders- understanding why they are committing a crime, very different than a non-aboriginal.