NCJ Number
134052
Date Published
1991
Length
150 pages
Annotation
This report examines the Aboriginal peoples of Canada and their interaction and unique difficulties with the Canadian criminal justice system and proposes specific reforms to offset the problems experienced by these people.
Abstract
The term Aboriginal people refers to Indian and Native Americans and encompasses all the other diverse groups in Canada in this category. Information for the study was obtained from consultation sessions with selected Aboriginal representatives from both eastern and western Canada. Both a short-term and long-term track of reform are presented. Recommendations deal with the meaning of equal access to justice, equitable treatment and respect, the establishment of an Aboriginal justice system, and recruitment of Aboriginal persons into all aspects of the criminal justice system. Overcoming language and cultural barriers, increasing community involvement with the justice system, applying customary law and practices and asserting treaty rights in criminal courts are also addressed as well as issues relating to the police, prosecutors, defense counsel, the courts, bail, sentencing, corrections, and ensuring progress. Particular focus is placed on special rules regarding Aboriginal offenders in a number of situations, incarceration of Aboriginal women, the quality and quantity of legal services for Aboriginal persons, and control of police forces. Trial by jury and police harassment will be covered in a second report under this reference which deals with religious minorities and multicultural justice issues.