Indigenous Criminal Justice – Research Ways the Government Continues To Colonize Indigenous People

Introduction:

In North America, the subject of the colonization of Indigenous peoples’ lands is not a recent one. The beginning of colonization may be traced to the arrival of Europeans on this continent, who forced their institutions, values, and cultures on the indigenous peoples. The methods of this colonization included forceful assimilation, brutality, and establishing legal structures that disregarded Indigenous peoples’ sovereignty over their territories. Through the criminal justice system, colonization still exists in one of the oldest and most obvious ways. The government still uses this system to control Indigenous peoples, notwithstanding continuous pleas for change. Indigenous peoples face more severe penalties and lengthier prison terms than non-Indigenous people, which maintains their marginalization and exploitation.

Furthermore, Indigenous people are overrepresented in the criminal justice system, frequently brought on by structural problems, including poverty, access to education, and substandard housing. Through the criminal justice system, the government asserts its dominance over Indigenous peoples, a practice rooted in colonization. A colonial system is one in which the desires of the colonizer are given precedence over those of those who have been colonized, and it frequently entails the imposition of laws and policies that the colonizer benefits from at the expense of the colonized. This means that in the context of the criminal justice system, Indigenous peoples are governed by regulations and laws made by and for non-Indigenous individuals without considering their specific requirements and viewpoints. In order to understand how the criminal justice system perpetuates the colonization of Indigenous peoples, this study will examine many aspects of the issue. It will examine colonization’s historical development and how colonialism affected the criminal justice system. It will also look at current problems with the criminal justice system, like the excessive representation of Indigenous individuals, the difficulty in accessing services and programs suited to their culture, and the effects of mandatory minimum sentences on Indigenous peoples. This article will conclude by making suggestions for resolving these problems and achieving a judicial system that is fair and equitable for all, particularly indigenous populations.

Annotated Bibliography

Alberton, Amy, and Kevin M. Gorey. “Structural violence perpetrated against Indigenous peoples in Canadian criminal courts: Meta-analytic evidence of longstanding sentencing inequities.” Critical Social Work 22, no. 1 2021: 2. https://scholar.uwindsor.ca/socialworkpub/124/

The article by Alberton and Gorey investigates structural violence against Indigenous peoples in Canadian criminal courts. Using a meta-analytic technique, the author presents proof of historical disparities in Indigenous peoples’ punishment practices. They contend that the criminal justice system is not impartial and perpetuates the socioeconomic structures that traditionally render Indigenous peoples unequally privileged. This study highlights the lasting consequences of colonization and how they persist in influencing how the justice system treats Indigenous peoples in Canada.

Altamirano-Jiménez, Isabel. “Indigenous women refusing the violence of resource extraction in Oaxaca.” AlterNative: An International Journal of Indigenous Peoples 17, no. 2 (2021): 215-223. https://journals.sagepub.com/doi/pdf/10.1177/11771801211015316

The article by Altamirano-Jiménez examines how Native American women in Oaxaca, Mexico, are fending off the violence connected to resource extraction. The author draws on conversations with them to expose Indigenous women’s struggles with eviction, adverse environmental effects, and gender-based violence as a result of extractive industries. The essay demonstrates how Indigenous women organize to protect their territories and resist the continued colonization of their bodies and farmland.

Ancil, Gabriel Sy. Canada, the Perpetrator: The Legacy of Systematic Violence and the Contemporary Crisis of Missing and Murdered Indigenous Women and Girls. Indiana University, 2018. https://search.proquest.com/openview/be4490ee3d31c44783dea56692888295/1?pq-origsite=gscholar&cbl=18750

The systemic abuse that Indigenous women and girls experience in Canada is examined in Ancil’s research. The author offers a critical examination of how colonization led to the current issue of missing and assassinating Indigenous women and girls by relying on stories from the relatives of those who were assassinated or disappeared among Indigenous peoples and also from community figures and specialists. The dissertation makes the case that Canada is responsible for this violence and urges the adoption of a transformational justice strategy that prioritizes the lived experiences and opinions of Indigenous women and girls.

Asch, Michael. On being here to stay: Treaties and Aboriginal rights in Canada. The University of Toronto Press, 2014. https://bit.ly/3GJgxU6

This book looks at the background of agreements made between Native Americans and Canadian lawmakers and how those agreements continue to influence Aboriginal rights in Canada. According to Asch, the agreements above aim to protect Indigenous peoples’ rights to their ancestral territories and enable them to remain on those grounds. Nevertheless, the Canadian government has frequently disregarded these accords, which has resulted in continuous disputes between Indigenous peoples and government officials over their entitlements to land and natural resources.

Cunneen, Chris, and Juan Marcellus Tauri. “Indigenous peoples, criminology, and criminal justice.” Annual Review of Criminology 2 (2019): 359-381. https://www.annualreviews.org/doi/abs/10.1146/annurev-criminol-011518-024630

This article discusses the consequences of colonialism on Indigenous peoples’ encounters with criminal justice research and the criminal justice system. According to the authors, Indigenous peoples are disproportionately represented in the criminal justice system, claiming they are frequently left out of debates and making choices about criminal justice laws and procedures. Additionally, they review the significance of including Indigenous viewpoints in criminological studies, including the criminal justice system.

Cunneen, Chris. “Colonial processes, Indigenous peoples, and criminal justice systems.” (2014): 386–407. https://bit.ly/41e12Ms

Cunneen explores how the processes of colonization have influenced Indigenous peoples’ interactions with the criminal justice system in this chapter. He contends that colonization has produced a system in which Indigenous peoples are considered more like “criminals” than colonial casualties, resulting in persistent exploitation and prejudice. He also touches on the significance of acknowledging and correcting the legacy of colonialism in the system of justice and legislation.

Cunneen, Chris. “Racism, discrimination and the over-representation of Indigenous people in the criminal justice system: Some conceptual and explanatory issues.” Current issues in criminal Justice 17, no. 3 (2006): 329–346. https://www.tandfonline.com/doi/pdf/10.1080/10345329.2006.12036363

In this essay, Chris Cunneen investigates the reasons for and effects of the excessive representation of Indigenous Australians in the justice system’s criminal justice system. He contends that this phenomenon has its roots in the historical and present institutional discrimination contrary to Indigenous people, which has led to their social isolation, impoverished and inadequate access to the legal system. Cunneen examines the effects of racism and prejudice on Indigenous individuals’ encounters with the criminal justice system and emphasizes the need for structural changes to solve this problem.

David, Jean-Denis, and Megan Mitchell. “Contacts with the police and the over-representation of Indigenous peoples in the Canadian criminal justice system.” Canadian Journal of Criminology and Criminal Justice 63, no. 2 (2021): 23–45. https://www.utpjournals.press/doi/abs/10.3138/cjccj.2020-0004

The excessive representation of Indigenous peoples in the Canadian criminal justice system is examined in this article by Jean-Denis David and Megan Mitchell. In order to examine how police interactions affect Indigenous peoples’ chances of being billed, tried, and given a jail sentence, the researchers used data from the 2014 General Social Survey on Victimization. They discover that Indigenous individuals are more inclined than non-Indigenous persons to contact law enforcement officials and that this contact enhances their risk of being accused and given a jail sentence. The authors contend that to deal with the structural causes of police encounters and the discrimination of Indigenous peoples by the justice system, it is necessary to first deal with the issue of the excessive representation of Indigenous individuals in the criminal justice system.

Kouri, Scott. “Indigenous temporal priority and the (de) legitimization of the Canadian state: A book review of On Being Here to Stay.” Decolonization: Indigeneity, Education & Society 4, no. 2 2015. https://jps.library.utoronto.ca/index.php/des/article/view/22426

“On Being Here to Stay” by Michael Asch, which examines the significance of treaties and Aboriginal rights in Canada, is the subject of this book review by Scott Kouri. The importance of Asch’s thesis that Indigenous peoples have an extraordinary claim to sovereignty and land rights in Canada is emphasized by Kouri. The colonialism of Indigenous peoples and their persistent oppression within Canadian culture, he contends, are made possible by the Canadian state’s refusal to acknowledge this assertion.

Koutouki, Konstantia, Katherine Lofts, and Giselle Davidian. “A rights‐based approach to indigenous women and gender inequities in resource development in northern Canada.” Review of European, Comparative & International Environmental Law 27, no. 1 (2018): 63–74. https://onlinelibrary.wiley.com/doi/abs/10.1111/reel.12240

In this paper, Giselle Davidian, Katherine Lofts, and Konstantia Koutouki analyze the gendered effects of resource development on Indigenous women in Northern Canada. The authors contend that because women are frequently left out of decision-making processes and face the brunt of resource development’s social and environmental effects, the Canadian administration’s unwillingness to acknowledge Indigenous peoples’ rights to land and natural assets promotes gender inequality. The authors propose a rights-based strategy to solve these problems, one that considers women’s participation in decision-making and Indigenous peoples’ independence and right to self-determination.

Kuokkanen, Rauna. “Gendered environmental assessments in the Canadian north: Marginalization of indigenous women and traditional economies.” Gendered Environmental Assessments in the Canadian North.” Co-authored with Sheena Kennedy Dalseg, Suzanne Mills, and Deborah Simmons. Northern Review (2018) 47 (2018): 135–166. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3625823

The Canadian North’s environmental evaluations have disadvantaged Indigenous women and the traditional economy, as this essay examines. According to the authors, the evaluations have mainly concentrated on the economic and environmental effects of mining for resources while ignoring the social and cultural effects on Indigenous people. This strategy disregards the gender-specific implications of the exploitation of resources and the contribution of Indigenous women to traditional financial markets. The authors contend that gendered evaluations of the environment may ensure that resource development initiatives consider the liberties and desires of Indigenous women.

Macklem, Patrick, and Douglas Sanderson eds. From Recognition to Reconciliation: Essays on the Constitutional Entrenchment of Aboriginal and Treaty Rights. The University of Toronto Press, 2016. https://bit.ly/41cLIzt

This edited book gathers several essays that examine how Canada’s treaty and Aboriginal rights are enshrined in the Constitution. The writers review the significance of this acknowledgment of racial harmony in Canada between Indigenous and non-Indigenous peoples. The pieces of writing discuss various subjects, such as the background of contractual-making in Canada, the significance of the courts in evaluating Aboriginal and treaty obligations, and the difficulties and prospects brought on by mainstreaming Indigenous sovereignty. In addition to offering insights into the way forward for peacemaking, the book presents an in-depth examination of the difficulties underlying the recognition of Indigenous sovereignty.

Marques, Olga, and Lisa Monchalin. “The mass incarceration of indigenous women in Canada: a colonial tactic of control and assimilation.” Neo-colonial injustice and the mass imprisonment of indigenous women (2020): 79-102. https://link.springer.com/chapter/10.1007/978-3-030-44567-6_5

This chapter investigates Canada’s widespread imprisonment of Indigenous women as a colonial control and assimilation method. Authorities inordinately harass Indigenous women and disproportionately represent them in jails, according to the authors, who contend that the Canadian legal system is intrinsically prejudiced towards Indigenous peoples. They contend that structural disparities and systemic discrimination against Indigenous peoples are to blame for this excessive representation as opposed to more excellent rates of criminal behavior. The authors demand that the justice system be decolonized and replaced with a restoration strategy that recognizes the harm done by colonialism and aims to address the underlying causes of criminal conduct.

McGuire, Michaela M., and Danielle J. Murdoch. “(In)-justice: An exploration of the dehumanization, victimization, criminalization, and over-incarceration of Indigenous women in Canada.” Punishment & Society 24, no. 4 (2022): 529–550. https://journals.sagepub.com/doi/pdf/10.1177/14624745211001685

The paper by McGuire and Murdoch investigates Canada’s systemic incarceration of too many Indigenous women. The authors contend that some processes, such as the Indian Act and the criminal justice system, which have led to a significant amount of jail time, have resulted in Indigenous women being victimized, criminalized, and dehumanized. In order to tackle these challenges, they examine the effects of colonization on Indigenous women and demand that the justice system be decolonized. The paper offers insightful perspectives on the interconnectedness of Indigenous women’s situations and emphasizes the urgent demand for intervention to tackle the over-incarceration of Indigenous women.

Mitchell, Terry, and Courtney Arseneau. “Colonial trauma: Complex, continuous, collective, cumulative and compounding effects on the health of Indigenous peoples in Canada and beyond.” International Journal of Indigenous Health 14, no. 2 (2019): 74–94. https://search.proquest.com/openview/bd4b0e6ab9ff8b8ab9cd65f027cbbfdb/1?pq-origsite=gscholar&cbl=1356371

The paper by Mitchell and Arseneau offers a critical evaluation of the continuing effects of colonialism on Indigenous health. The authors contend that intergenerational psychological trauma brought on by colonization has impacted the health and wellness of Indigenous peoples. They look at how institutional racism and discrimination, compelled removal from homes, and solitary confinement have left behind lasting effects on Indigenous people’s health. The paper emphasizes how crucial it is to acknowledge the long-lasting consequences of colonization and the demand for a comprehensive strategy for tackling Indigenous health inequalities.

Monture-Okanee, Patricia A., and Mary Ellen Turpel. “Aboriginal peoples and Canadian criminal law: Rethinking justice.” U. Brit. Colum. L. Rev. 26 (1992): 239. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ubclr26§ion=33

The paper by Monture-Okanee and Turpel critically evaluates how the criminal justice system handles Indigenous peoples. According to the writers, the criminal justice system has been employed against Indigenous peoples as an instrument of colonization and discrimination, leading to substantial imprisonment and prosecution. In addition to highlighting the significance of acknowledging Indigenous legal traditions and expertise in creating a more equitable legal system, they analyze the structural impediments Indigenous individuals experience within the criminal justice system. The article sheds important light on the persistent effects of imperialism on the legal system in general and emphasizes the necessity of transformational reform to tackle the issues mentioned above.

Morales, Sarah. “Digging for Rights: How Can International Human Rights Law Better Protect, Indigenous Women from Extractive Industries?.” Canadian Journal of Women and the Law 31, no. 1 (2019): 58–90. https://www.utpjournals.press/doi/abs/10.3138/cjwl.31.1.04

This paper by Morales explores how international human rights conventions can shield Indigenous women from the effects of the extractive industries. Because mining operations frequently cause assault, eviction, and environmental degradation, indigenous women are significantly affected. The author makes the case that international legislation about human rights is a crucial instrument for defending the rights of Indigenous women and holding extractive sector companies responsible. Indigenous women can be more safeguarded thanks to the current international legal structures, which Morales evaluates and recommends strengthening. The paper emphasizes the significance of putting Indigenous women’s voices and life experiences front and center in law reform initiatives.

Nielsen, Marianne O., and Linda Robyn. “Colonialism and criminal justice for Indigenous peoples in Australia, Canada, New Zealand and the United States of America.” (2003). https://kuscholarworks.ku.edu/handle/1808/5791

In Australia, Canada, New Zealand, and the United States, Nielsen and Robyn examine how colonization influenced the criminal legal systems for Indigenous peoples. According to the authors, Indigenous peoples are disproportionately represented in the criminal justice system, who contend that colonization caused their disenfranchisement and persecution. The article examines specific colonial activities, including compelled integration, residential schools, and land restitution, and explores how these have affected Indigenous peoples’ encounters with the justice system. The writers strongly emphasize the necessity of sovereignty and Indigenous self-determination to solve the persistent injustices encountered by Indigenous peoples in the legal system.

Reid, Papaarangi, Donna Cormack, and S-J. Paine. “Colonial histories, racism, and health—The experience of Māori and Indigenous peoples.” Public Health 172 (2019): 119–124.https://www.sciencedirect.com/science/article/pii/S003335061930126X

Reid et al. examine the effects of racism and colonialism on Mori and Indigenous individuals’ health in this study. The authors contend that the introduction of illnesses, destruction of cultural traditions, and disruption of traditional ways of life caused by colonization have had a substantial negative influence on the health of Indigenous peoples. The writers look at examples of colonialism’s effects, like eviction from ancestral lands and cultural repression. Additionally, they talk about how discrimination and racial profiling continue to have negative repercussions, such as structural hurdles to healthcare. In order to achieve equitable healthcare, the article underlines how crucial it is to acknowledge and deal with the continued effects of colonialism and racial prejudice on the health of Indigenous individuals.

Arguments:

First off, the laws and actions of the Canadian government have historically marginalized Indigenous individuals and still do now, especially concerning their land rights[1]. The Indian Act of 1876, for instance, which is still in force today, developed a system of reserves where Indigenous people were compelled to live, with minimal availability of resources and no self-government[2]. In addition to contributing to the persistent poverty and social problems that many Indigenous people now suffer, this strategy deprived Indigenous individuals of their land and customs of the culture.

The second is that the Canadian government has broken its treaty commitments to Indigenous communities[3]. Indigenous nations and the Crown entered into treaties with a guarantee of tolerance and advantages for both parties. But by refusing to give Indigenous communities the help and resources they require, the Canadian government continues to violate the terms of these agreements[4]. Because of this shortage of dedication, Indigenous communities have poor amenities, schooling, and medical care, which furthers their exclusion from society[5]. Thirdly, the Canadian government’s reaction to the latest finding of unidentified graves at abandoned residential schools was insufficient and showed a disregard for the suffering and mourning of Indigenous people[6]. The government has pledged just a tiny amount of funding for inquiries, with no tangible effort to tackle the continuing damage inflicted by the system of boarding schools, in contradiction to calls for increased financial assistance and assistance for Indigenous people.

Synthesis of bibliography:

The Canadian government has colonized Indigenous peoples for a very long time. During this process, Indigenous peoples have endured violence, evacuation, and the taking of their possessions and territory.[7]. For Indigenous communities, this has had far-reaching and protracted effects, involving financial, political, and social exclusion[8]. Thus, the legacy of colonialism left by the Canadian government still affects the lives of Indigenous people in Canada, especially concerning the criminal justice system[9]. The government continues colonizing Indigenous people in several forms that might be discovered by studying the annotated bibliography.

The over-incarceration of Indigenous women is a severe problem[10]. Through the criminal justice system, Indigenous women in Canada are criminalized, assaulted, and marginalized, which contributes to their over-incarceration, according to McGuire and Murdoch (2022). The existence of institutional violence is also suggested by Alberton and Gorey’s (2021) evidence of unfair incarceration practices in Canadian criminal courts, especially when it comes to reference to Indigenous peoples[11].

Another method by which the government colonizes Indigenous people, especially indigenous women, is resource extraction. By examining how indigenous women in Oaxaca, Mexico, reject the violence of resource extraction, Altamirano-Jiménez (2021) draws attention to how often the effects of resource extraction on Indigenous women are disregarded[12]. Similar to this, Ancil’s dissertation from 2018 investigates how the Canadian government is accountable for the current epidemic of disappearances and assassinations of Indigenous women and girls, which is brought on by deliberate abuse brought on by the exploitation of Indigenous territory for resource extraction[13].

How the criminal justice system handles Indigenous peoples is likewise a clear example of colonialism[14]. In their 2003 analysis of how colonialism has impacted criminal justice systems in Australia, Canada, New Zealand, and the United States of America, Nielsen and Robyn draw attention to how these systems of justice have traditionally supported colonial objectives rather than those of Indigenous peoples[15]. Furthermore, Monture-Okanee and Turpel (1992) contend that imperialism is continued by ignoring Aboriginal opinions and demands in Canadian criminal law.

The health of Indigenous peoples has been significantly impacted by colonial rule. The inequities in health that Mori and Indigenous peoples experience are examined by Reid, Cormack, and Paine (2019) concerning past colonization and discrimination[16]. This demonstrates how colonialism profoundly influences Indigenous peoples’ well-being and is not only restricted to the criminal justice system.

The “Digging for Rights” paper by Morales looks at how international human rights law can shield Indigenous women from the effects of the mineral extraction sector[17]. The author makes the case that international human rights legislation is a crucial instrument for defending the rights of Indigenous women and holding extractive industries responsible, and she offers suggestions for bolstering the current legal systems[18]. The essay “Colonialism and Criminal Justice for Indigenous Peoples” by Nielsen and Robyn investigates how colonialism influenced the criminal justice systems for Indigenous peoples in Australia, Canada, New Zealand, and the United States[19]. According to the authors, Indigenous peoples are disproportionately represented in the criminal justice system, who contend that colonization caused their disenfranchisement and persecution.

In order to alleviate the economic, political in nature, and interpersonal exclusion of Indigenous peoples, the Canadian government has adopted some legislative, regulations, and administrative efforts[20]. For instance, the Indian Act of 1876 aimed to incorporate Native Americans into Canadian civilization and revoked their right to self-determination[21]. Indigenous peoples were subject to a variety of restrictions under the Indian Act, including prohibitions on voting, property ownership, and traditional cultural expression[22]. Furthermore, the government has implemented many laws and plans designed to integrate Indigenous peoples that advance economic growth. These programs have entailed the use of residential schools and the transfer of Indigenous individuals to reservations.

Indigenous peoples have experienced wide-ranging and protracted effects of colonization. Due to financial exclusion, unemployment and impoverishment are at a record high, and Indigenous peoples are more prone to endure hunger and experience homelessness[23]. Indigenous peoples have little knowledge about resources and are frequently left out of political decision-making processes[24]. In terms of society, Indigenous peoples are more probable to encounter prejudice, violence, and discrimination, and they also have less access to healthcare and higher education[25]. The disproportionate representation of Indigenous peoples in the criminal justice system results from the long-lasting consequences of colonization, which have had catastrophic consequences on Indigenous communities.

Acknowledging the ongoing effects of colonization and the necessity for decolonization requires the inclusion of indigenous viewpoints[26]. Indigenous groups have been crucial in promoting Indigenous peoples’ rights and requesting the acknowledgment of their independence. Through storytelling, art, music, and other kinds of self-expression, indigenous people have additionally conveyed their viewpoints and ideas[27]. These viewpoints offer crucial insight into the persistent injustices experienced by Indigenous peoples and their desire for change.

In light of this, Canada’s government has had a long track record of colonizing Indigenous peoples, which has led to their extensive economic, political, and social marginalization[28]. Through various legislative, regulatory, and program actions, this colonialism is still occurring and is wreaking havoc on Indigenous communities[29]. Awareness of colonization’s continual impacts and the need for decolonization requires an awareness of indigenous views. The Canadian government must acknowledge the inherent power of Indigenous peoples and act forcefully to end the ongoing injustices against them[30]. Finally, the annotated bibliography offers several instances of how the Canadian government still colonizes Indigenous peoples. These instances show how colonialism has an ongoing effect on the lives of Indigenous peoples even now[31]. By looking at these challenges, it becomes evident that decolonization efforts need to be taken seriously and that the Canadian government needs to accept accountability for the damage that colonialism inflicted[32]. It also necessitates acknowledging Indigenous peoples’ rights to their territories and resources and resolving structural problems like the over-incarceration of Indigenous women. It also necessitates addressing the health inequities that Indigenous peoples endure due to colonialism’s historical and continuing effects.

Critique of the controversies:

The ongoing controversy over Indigenous peoples’ disproportionate involvement in the court system in Canada is one of the critical issues surrounding the subject of Indigenous criminal justice. Although making up just over five percent of the country’s population, approximately 30% of all inmates are Indigenous people[33]. Some contend that this is a blatant example of institutional colonialism and racial discrimination in the criminal justice system in Canada[34]. Owing to some detractors, the reason why Indigenous peoples have an advantage in the criminal justice system is not due to their tendency to commit additional offenses but instead because of the framework of the legal system and the way it has historically viewed Indigenous peoples[35]. A shortage of culturally suitable options for imprisonment is one of these problems, as are biased police tactics, more rigid sentencing rules, and others.

Another contentious topic is the subject of Indigenous women and girls being the targets of violence, especially regarding the shape of Indigenous women and girls who have been abducted and killed (MMIWG). Some contend that the Canadian government has not taken sufficient steps to solve this situation and that by doing nothing, it continues its longstanding use of assault on Indigenous peoples.[36]. According to critics, the absence of funds and resources available to enable Indigenous-led efforts to solve the problem has made the government’s reaction to the MMIWG crisis insufficient.

Land rights and resource extraction are two more hot-button issues. Indigenous peoples in Canada have historically experienced violence, been abused by resource extraction business sectors, and been uprooted from their homes and deprived of their natural assets and lands[37]. Critics contend that the nation’s continued backing of these businesses without seeking enough input from and consent from Indigenous communities amounts to a continuance of colonialism and contributes to continuing damage done to Indigenous peoples[38]. Finally, the topic of reconciliation and what it entails is in dispute. Some contend that the government must tackle the persistent injustices experienced by Indigenous peoples, especially those in the criminal justice system before there can be genuine forgiveness [39]. Critics claim that the federal government’s approach to reconciliation has been chiefly symbolic and that nothing has been done to fix systemic issues or give restitution to Indigenous peoples.

Thus, the government’s continuous colonization of Indigenous peoples in Canada has drawn a lot of controversy and criticism, especially in the criminal justice system. To solve these concerns, which are intricate and varied, considerable structural and systemic changes are needed[40]. The views and experiences of Indigenous peoples must be emphasized in debates regarding these problems, and significant steps must be done to alleviate the ongoing damages and inequities experienced by Indigenous peoples.

Critique any fundamental conclusions of various points of view on the topic:

The essential conclusion that comes from the many different points of view discussed on the subject of Indigenous Criminal Justice is that the nation-state proceeds to rule over Indigenous peoples via its system of law enforcement[41]. The sources listed in the annotated bibliography demonstrate how this happens, such as the over-incarceration, victimization, dehumanization, and imprisonment of Indigenous women, along with the aggravating effects of colonial trauma on the health of Indigenous peoples[42]. The sources additionally draw attention to the significance of the extractive industries and the lasting impacts of imperial rule on Indigenous communities.

This conclusion could face criticism for oversimplifying the complicated problems that Indigenous peoples face in the criminal justice system. While it is undeniably true that Indigenous peoples experience disproportionately high rates of incarceration, such is not simply the result of government policies or acts[43]. These results are also influenced by other elements like systematic racial profiling, economic hardship, and constrained access to jobs and education[44]. Consequently, while discussing the interaction between Indigenous peoples and the legal system, it is crucial to consider these more considerable socioeconomic challenges.

This conclusion could also be criticized for concentrating too intently on the adverse consequences of the connection between Indigenous peoples and the criminal justice system. Although it is unquestionably true that government institutions have caused enormous harm to Indigenous peoples, it is also critical to recognize the constructive initiatives that have been made to tackle these problems.[45]. For instance, there have been more efforts over the past few decades to bring Indigenous perspectives into the judiciary, such as via the utilization of Gladue notifications in Canada, which consider the distinctive historical and cultural variables that might have affected a defendant’s behaviors.

The fact that such constructive initiatives are frequently small-scale and might not be adequate for tackling the structural problems affecting Indigenous peoples must also be acknowledged. For instance, while Gladue reports may lessen some of the adverse effects of the criminal justice system, they fail to tackle the underlying reasons for over-incarceration, including hardship and a shortage of finances.[46]. For anything to solve these problems, it is crucial to keep advocating for more significant, transformational changes. In general, the data offered in the annotated bibliography confirms the assertion that the government keeps prosecuting colonial Indigenous peoples via its legal system, notwithstanding possible objections[47]. The sources show that over-incarceration, persecution, and dehumanizing oneself are only a few of the substantial damages that Indigenous peoples continue to experience as a consequence of the government’s actions and regulations[48]. To solve these problems and ensure that Indigenous individuals can engage in and gain from the criminal justice system’s operations, it is crucial to keep pushing for systemic reform.

Conclusions

The criminal justice system and other facets of Indigenous life in Canada are clear examples of the continuing colonization of Indigenous people. This research study has shown how the state keeps on oppressing colonial Indigenous people by analyzing twelve trustworthy sources. The persistent colonization of Indigenous people is a result of the policies of the government, which also include the forcible separation of Indigenous children from their caregivers, the continual devastation of Indigenous territories, and the enforced adoption of Western legal systems on Indigenous populations. Through various strategies, such as the revival of Indigenous languages and traditions, land-based restorative techniques, and the proclamation of Indigenous independence, Indigenous people keep struggling against these atrocities and oppose colonialism. Understanding the continuing impact of colonization on Indigenous people and supporting Indigenous-led initiatives for self-determination and decolonization are vital for Canadians who are not Indigenous. The government and non-Indigenous Canadians must recognize the lasting effects of colonization and endeavor to establish a fair and equitable environment for all as the nation progresses toward mutual understanding. Then and solely then, we can start addressing the adverse effects of colonization and working toward an improved future for Indigenous peoples and all Canadians.

References list

Asch, Michael. On being here to stay: Treaties and Aboriginal rights in Canada. The University of Toronto Press, 2014. https://bit.ly/3GJgxU6

Cunneen, Chris. “Colonial processes, Indigenous peoples, and criminal justice systems.” (2014): 386–407. https://bit.ly/41e12Ms

Kiedrowski, John, Nicholas A. Jones, and Rick Ruddell. “‘Set up to Fail?’ an Analysis of Self-Administered Indigenous Police Services in Canada.” Police Practice and Research 18, no. 6 (August 18, 2017): 584–98. https://doi.org/10.1080/15614263.2017.1363973.

[1] David and Megan Mitchell

[2] Kiedrowski and Rick Ruddell.

[3] Cunneen

[4] Kiedrowski and Rick Ruddell.

[5] Asch

[6] Kiedrowski and Rick Ruddell.

[7] Kiedrowski and Rick Ruddell.

[8] Cunneen

[9] Reid and S-J. Paine.

[10] McGuire and Danielle J. Murdoch.

[11] Alberton and Kevin M. Gorey

[12] Altamirano-Jiménez

[13] Ancil

[14] Cunneen

[15] Monture-Okanee and Turpel

[16] Reid and Paine

[17] Cunneen

[18] Nielsen and Linda Robyn

[19] Nielsen and Linda Robyn

[20] Kouri

[21] Reid, Cormack, and Paine

[22] Morales

[23] Morales

[24] Monture-Okanee and Mary Ellen Turpel

[25] Morales

[26] Kouri,

[27] Monture-Okanee and Mary Ellen Turpel

[28] Mitchell and Courtney Arseneau

[29] Mitchell and Courtney Arseneau

[30] Monture-Okanee and Mary Ellen Turpel

[31] Kouri,

[32] Monture-Okanee and Mary Ellen Turpel

[33] McGuire and Danielle J. Murdoch

[34] Marques and Lisa Monchalin

[35] McGuire and Danielle J. Murdoch

[36] Marques and Lisa Monchalin

[37] Marques and Lisa Monchalin

[38] Macklem and Douglas Sanderson

[39] Macklem and Douglas Sanderson

[40] Kuokkanen

[41] Kuokkanen

[42] Koutouki and Giselle Davidian

[43] Koutouki and Giselle Davidian

[44] Koutouki and Giselle Davidian

[45] Koutouki and Giselle Davidian

[46] Kouri

[47] Kouri

[48] Kouri

Indigenous Criminal Justice – Research Ways the Government Continues To Colonize Indigenous People

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