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aboriginal self government and the canadian justice system1

the cause of criminal or unacceptable behavior is not addressed nor is there a restoration of relationships. Since the 1970's the numbers of over representation of aboriginals in the justice system has been shocking,...Aboriginal people made up approximately 2% of the population of Canada, they made up 10% of the federal penitentiary population. When looked at regionally, the figures were even more distressing. For example, in the prairies, where Aboriginal people made up 5% of the population, they were 32% of the penitentiary population. In terms of incarceration in provincial facilities, the figures were even higher. For example, in Manitoba and Saskatchewan, where Aboriginal people made up between 6 and 7% of the population, they made up 46 and 60% of the provincial correctional centers admissions respectively.(Hylton,1999,207)At the time of contact with Europeans, Native people had developed very sophisticated systems of government and social control.(Rudin & Russel,1993,40)Actions were treated as deserving of sanctions or punishment only if they threatened to disrupt the interrelatedness of the clan, tribe, or environment, because of the holistic approach to life favored by Aboriginal people it was not specific actions which brought about sanctions, but the consequences of actions which were the concerns of the society. Resolution of what might be viewed as criminal activities were usually arrived at privately between the parties themselves of their families. The justice system only engaged when repercussions of a persons behavior required attention, not in response to any particular action.(Rudin & Russel,1993,41)When a community response was required, Aboriginal people did not call upon specialized legal tribunals or specific individuals to act as judges. Rather, in keeping with the egalitarian nature of the community, all the members of the tribe would come together to discuss the case and to decide on the proper disposition of ...

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