• 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 –
• Chronic heakth issues, substandard living standards, chronic unemployment, chronic
• 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
• If we don’t have an answer politically we wont have an answer in the criminal justice
• 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
• 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
• 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