Advantages to the Aboriginal people with the indigenization of the Criminal Justice System Essay
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Advantages to the Aboriginal people with the indigenization of the Criminal Justice System
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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 order 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.
The above said steps are in the process of being accepted and made a part of the criminal justice system of Canada. Efforts are on, to have more presence of the Aboriginal people in the legal system such as Law faculties and Law implementation like in Police force. This will bridge the gap between the population of aboriginals and the non-aboriginals. This will also substantially decrease the felling of being cheated and discriminated against, in the aboriginal people of Canada.