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POLS 2200 (22)

Aboriginal policy

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York University
Political Science
POLS 2200
Danny O' Rourke- Dicarlo

3/19/2014 • Identify what the problem is? • How is the government addressing the problem? • What does implementation look like? How does the legislation work in practice • Reservations exist at the level of third world standards within first world countries – aborginals • Chronic heakth issues, substandard living standards, chronic unemployment, chronic substance abuse • Highest suicide rate per capita in all of Canada for both minors and adults. • Causes are way too many, but we don’t necessarily know or have an answer to fix this problem • If we don’t have an answer politically we wont have an answer in the criminal justice system. • Overuse of incarceration, prison sentences, for young offenders, offenders serving two years and federal offenders, these stats do not discriminate among gender • This is a major problem…in 1996 the federal government tried to address this problem. • The federal government has a responsibility to advocate on behalf of aboriginal individuals. • The problem is overuse of incarceration, overrepresentation. • The policy solution comes from section 718(2) in the criminal code. • What is the policy? • Its aim is at sentencing reform. • We obligate judges, that judges must entertain or consider all existing alternatives to incarceration. • Outside of the prison sentence someone could be given a conditional sentence…a sentence to community corrections, probation, house arrest, diversion, treatment programs or restorative justice. • Prison has proven ineffective, recidivism rates among offenders remain the highest, nation wide. • A judge when processing post charge an aboringinal offender that judge is required by law to entertain every exising alternative that he or she has to her disposal. • The Canadian govt. accepts the fact that the way we sentence aboriginal offenders is an example of systemic discrimination. In the legislation itself, the Canadian govt acknowledges the fact that aboringinals have a very different experience of being Canadian then everyone else and also have a different experience when being processed in the CJS. • Systemic discrimination – unintentional – must make a discrimination between systemic discrimination and racism…if we removed every racist cop and every racist judge, would that solve the issue of overrepresentation? No. therefore systemic discrimination l
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