CCJA
Aboriginal Peoples and the Criminal Justice System FRANÇAIS

 
PART VI. POINTS FOR DISCUSSION


Impact of the Report on the Royal Commission on Aboriginal Peoples and the Government's response to the Report
 
A comprehensive, integrated and planned network of community support services for aboriginal offenders should be established.
 
Planning should be undertaken to identify resources to design appropriate community based service and co-ordinate these services across Canada. This will help Aboriginal offenders to live in their communities with the greatest degree of self-determination and self-reliance.
 
The reduction of the number of Aboriginal offenders within institutions must be a priority. An all--encompassing strategy must by developed to deal with the over representation of these offenders in provincial and federal institutions.
 
To help decrease Aboriginal incarceration, judges need to make use of sentences that avoid jag AM respect Aboriginal culture. As alternatives to incarceration, judges should consider restitution, community service orders as well as decreased imposition of fines for those who can't pay.
 
In order to encourage rehabilitation, more Aboriginal youths must be referred to alternative measures programs.
 
Some proposed solutions to poverty and economic dependency among Aboriginal peoples are:

  • recognition of past treaties and establishing of new ones to provide a sufficient land and resource base to promote economic development;
  • extending Aboriginal jurisdiction over econornic development,
  • improving education and job skills training;
  • eliminating obstacles which disadvantage Aboriginal job applicants

Justice programs may not be able to solve the problems generated by the underlying social condition, but justice programming must take into account the social context in which it functions.

More Aboriginal people need to be involved in every aspect of the justice system. We need to see the appointment of more Aboriginal judges, justices of the peace, police officers, prison guards, corrections officers, court workers and administrative staff.

The government needs to establish employment targets where Aboriginal people are concerned.

Employers could consider as part of their hiring requirements a proven ability to learn as opposed to the attainment of a specific level of education. Employers hiring for positions which require extensive contact with Aboriginal people should place the greatest emphasis upon knowledge of Aboriginal languages and culture.

Aboriginal students must be encouraged to attend post-secondary institutions, including law schools. Where admission to law schools is concerned, the schools should take into consideration life and work experiences and maturity level as well as the LSAT score and grade point averages. In addition, a one-year pre-law program could be beneficial in assisting Aboriginal students in gaining admission to law school in greater numbers.

There is a dire need for cross-cultural training within the justice system. It is essential for judges, police officers, lawyers, etc., to have a greater understanding of Aboriginal culture, values, traditions and history, as well as the socio-econornic conditions which account for the over incarceration of Aboriginal peoples. Cross-cultural training has been made available to some police departments and civil servants, but very little has been offered to lawyers and judges.

Cross-cultural training should address the issues of racism and discrimination within the criminal justice system.

Aboriginal program and services must be developed to meet the demands of Aboriginal peoples. The federal government must encourage flexible, social and criminal justice programs, rather than imposing their justice system upon Aboriginals.

Support for Aboriginal justice system should include the values and philosophies, activities and practices of aboriginal organizations which delivers programs to Aboriginals.

Aboriginal people across Canada have an inalienable right to govern their own judicial affairs.
 
 

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