Aboriginal people and the Canadian justice system Essay

Aboriginal people and the Canadian justice system - Essay Example Section 35 of the constitution of Canada defines aborigines as 'aboriginal people in Canada include the Indian, Inuit, and metis people of Canada And further sect 35 sub sec 4 states 'notwithstanding any other provision of this act, the aboriginal and treaty rights referred to in sub section 1 are guaranteed equally to male and female.The Federal government of Canada and the provincial government are committed to the principle that, before amendment to class 24 of section 91 of the constitution act 1867 to section 25 of this act or to this part.The Ottawa project for restoration and sentencing is said to be the pilot project .it is said also to one of the several justice projects across Canada that have garnered support of the department of justice.The numerous studies, reports and justice inquires across Canada, and growing body of statistical information, confirmed that aboriginal people experience disproportionately high rates of crime and victimization are over represented in the court and the correctional system, and further, feel a deep alienation from justice system that is to them foreign and inaccessible and reflects both human and fiscal terms are seen to be exhorbitant, but also spiraling.Through persistent dialogue with various levels of government, aboriginal communities across Canada have gradually begun to explore the possibility of administering various components of the criminal justice system. Various difficulties confronting Aboriginal people within the Canadian judicial system have been addressed over the past twenty years but, unfortunately, many problems still exist. High levels of Aboriginal incarceration, one of the most serious problems, are aggravated by inadequate government funding and limited rehabilitation options and resources, and the overall justice system still does not address the cultural needs of Aboriginal peoples. JURISDICTIONAL REACH OF THE INTIATIVES Besides the fact that the restorative and sentencing community projects is a national wide issue which has been deeply entrenched in the constitution via the constitution act 1867,provincial governments have been given the a larger part to play in initiating projects within their provincial jurisdiction to address the issue. Overall, the Program helps Aboriginal people who are in conflict with the criminal justice system to obtain fair, just, equitable, and culturally sensitive treatment. Specifically, the Aboriginal Court work Program seeks to: 1. In the event of as aborigine being accused of a criminal offence and eventually put in custody, the project has devised a way of organizing for bail terms, which in most cases are denied to them. assist Aboriginal people to understand their right to speak on their own behalf or to request legal counsel, to better understand the nature of the charges against them and the philosophy and functioning of the criminal justice system. 2. Also the project is assisting in ensuring that the time spent in pre-trial detention by aboriginal people is reduced. 3. Afford them legal representation in court. 4. Disproportinate level of aboriginal incarceration -the Canadian criminal justice system is rooted in a strong reliance on incarceration and as a result, Canada is placed among the highest users of imprisonment in the world .the emphasis an incarceration as punishment had a detrimental effect on offenders, particularly aboriginal offenders on whom confinement places particularly onerous pressures, given the traditional relationship with the land