Assignment 3 - Aboriginal People and Criminal Justice System

Advantages to the Aboriginal people with the indigenization of the Criminal Justice System

Aboriginal People are the ones which are considered as the natives of that particular area /land . They are the indigenous people occupying or owning the land since centuries , hence they have the rights to the land because they are the original inhabitants of that land since ancient times

In Canada these Aboriginal people are mainly the North American Indians and Inuit . These have been exploited and forced into oblivion by the conquering armies . The aboriginal people could not

get integrated with the immigrant population and were further isolated

Steps were taken by the authorities and the government to bring them into the main stream but these efforts could not fructify because of the lack of intent on the part of the aboriginal people to accept new lifestyles . Though a majority of aboriginal population now lives in urban areas , but there still remains a clear demarcation between them and the others

The Criminal Justice system of the country administers and implements the law and of the state . The Aboriginal people face discrimination and disadvantage in the hands of law . This was recognized by the government and thus committee was formed to look into the system and suggest the remedies . AJS (Aboriginal Justice System ) was formed to reduce the crimes and minimize the paralysis because of which the aboriginal people faced disadvantage

The advantages of the indigenization for the Aboriginal people in the Criminal Justice System

Recognition to the past treatise of land use

Recognition of the local laws

Granting of bail to the accused at par with the Canadian (non-aboriginal population

Extending aboriginal jurisdiction over a part of the territory

Imparting professional legal advice to the accused in custody for criminal offence

Government sponsored legal representation of the accused aboriginal , in the court of law

Same status as Prison Priests to the spiritual leaders of aboriginal community

Psychiatry helps to be provided to the accused with disturbed state of mind

Proper scheduling of the courts in the remote areas and more time to be spent on hearing the cases at such instances

Equal pedestal to the aboriginal while handing out judgment with comparison to the case studies of the non-aboriginal criminals...