Abstract:
It is acknowledged that Canada's criminal justice system has some major
flaws, particularly with respect to its application to various ethnic subgroups.
Aboriginal Canadians are one subgroup particularly sensitive to the problems in the
system as is reflected by their disproportionately high rates of criminality and
incarceration.
Over the past 50 years many programs have been developed and
recommendations have been made to alleviate the tensions Aboriginals find within
the system. However, the situation today is essentially the same. Aboriginals are
still overrepresented within the system and solutions that have been brought
forward have had little success in stemming their flow into the system.
Blame for Aboriginal mistreatment in the system has been placed at all
levels from line police officers to high-level officials and politicians and attempts
to resolve problems continue as an on going process. However, many of the
recommendations and reforms have revolved around culture conflict. Although
this thesis recognizes the importance of culture conflict in the overrepresentation of
Aboriginals within the Canadian criminal justice system, it has also recognized that
culture conflict alone is not responsible for all the flaws within the system as it
pertains to Aboriginals.
This thesis is of the opinion that in order for reforms to the criminal justice
system to be successful, the context in which the system is operating must also be
considered. Variables such as geographic isolation, economic disparity and
social/political stability are viewed as operating in conjunction with culture,
ultimately influencing Aboriginal treatment within the system.
The conclusions drawn from this study confirm that when these factors
operate together, the overrepresentation of Aboriginals within the Canadian
criminal justice system is inevitable. Thus all three variables, culture conflict
(social/political stability being part), geographic isolation and economic disparity
must be address within the system if any significant changes in the crime rates or
incarceration rates of Aboriginals is to be expected.
In addition, primary research indicated the influence of cooperation as a
factor in moderating the effects of criminality; not just cooperation among
Aboriginals and non-Aboriginals, but also cooperation among differing Aboriginal
communities. It was argued that when all these issues are addressed, Aboriginal
peoples in Canada will have the strength to repair their shattered futures.
