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2013-12-02 Colonial Present - Aboriginals.docx

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Western University
Sociology 2239
Young- Hwa Hong

December 2, 13 Colonial Present Overrepresentation ofAboriginal Persons in the Canadian Criminal Justice System - Aboriginal people o Are more likely to be charged by people for multiple offences (Over- policing)  Aggressively policed – more likely to be charged o Are 1.34 times more likely to be held in jail prior to their court appearance  Less likely to receive bail – has to do with bail  Don’t receive bail → more likely to plead guilty and stay in jail o Spend 1.5 times longer in custody before their trials  Experience harassment and violence in there o See their lawyers less frequently and for less time than do non-Aboriginal people  Economic status → inadequate legal counseling o Receive longer sentences and receive absolute or conditional discharges less frequently o Are less likely to be granted parole  All interrelated factors - The overrepresentation of Aboriginal offenders in the federal system is most pronounced in the Prairie region: In Manitoba,Aboriginal people account for 12% of the population but represent 50% of the admissions to provincial correction institutions o Alberta, Saskatchewan, Manitoba - Over-policing o Refers to the “practice of police targeting people of particular ethnic or racial backgrounds or people who live in particular neighbourhoods” (Rudin 2005, p. 28) - Reasons for the overrepresentation ofAboriginal people in the criminal justice system: systemic racism & discrimination, colonial history o Has to do with the violence they have experienced since colonialism  Experience of violence → reproduction of violence - Provisions of the Corrections and Conditions ReleaseAct: o Section 81 allows for the possibility thatAboriginal communities gain “care and custody” ofAboriginal prisoners prior to their parole release dates  More community based discipline and guidance from their elders involved in their treatment • Integration of isolated individuals IndianAct - Is a Canadian federal law enacted in 1876 to govern in matters concerning Indian status, bands and reserves - Using paternalist approach – doesn’t teachAboriginals as equal - Purpose: assimilation ofAboriginals - ManagesAboriginals’ lifestyles - Through several amendments to the IndianAct,
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