HISTORICAL CONTEXT OF THE CRIMINAL JUSTICE SYSTEM AND THE INJUSTICES
AGAINST INDIGENOUS PEOPLE AND HOW SOCIAL INEQUALITIES OCCUR WITHIN THE
INSTITUTION
The criminal justice system in Canada has a long and complex history, which has resulted in
significant injustices against Indigenous people. This research paper will examine the historical
context of the criminal justice system in Canada and how social inequalities occur within the
institution. The paper will explore the historical legacy of colonialism and the Indian Act, the
overrepresentation of Indigenous people in the criminal justice system, and the systemic biases
that perpetuate social inequalities.
Historical Context of the Criminal Justice System and Injustices against Indigenous People The
history of the criminal justice system in Canada is intertwined with the legacy of colonialism and
the Indian Act. The Indian Act of 1876 was a piece of legislation that sought to assimilate
Indigenous people into Canadian society by forcibly removing them from their land and culture.
The Indian Act established the residential school system, which was designed to separate
Indigenous children from their families and culture and assimilate them into Canadian society. The
residential school system was a form of cultural genocide that resulted in the intergenerational
trauma and loss of culture for Indigenous people.
The legacy of colonialism and the Indian Act has resulted in significant injustices against
Indigenous people within the criminal justice system. Indigenous people are overrepresented in
the criminal justice system, and they experience higher rates of incarceration, police brutality, and
other forms of systemic violence. This overrepresentation is the result of systemic biases within
the criminal justice system that perpetuate social inequalities based on race, gender, and class.
Social Inequalities within the Criminal Justice System Social inequalities occur within the criminal
justice system through systemic biases that disproportionately affect Indigenous people. These
biases include racial profiling, over-policing of Indigenous communities, and discriminatory
sentencing practices. Indigenous people are more likely to be charged with crimes, more likely to
be denied bail, and more likely to receive harsher sentences than non-Indigenous people. These
biases are reinforced by a justice system that is rooted in Western legal traditions and values, which
often fail to recognize the cultural practices and traditions of Indigenous people.
The social inequalities within the criminal justice system have significant implications for
Indigenous people and their communities. The overrepresentation of Indigenous people in the
criminal justice system perpetuates social inequalities and contributes to the marginalization and
exclusion of Indigenous people from Canadian society. It also reinforces stereotypes and biases
about Indigenous people, which further perpetuate social inequalities. In conclusion, the criminal
justice system in Canada has a long and complex history, which has resulted in significant
injustices against Indigenous people. The legacy of colonialism and the Indian Act has contributed
to the overrepresentation of Indigenous people in the criminal justice system and the systemic
biases that perpetuate social inequalities. To address these social inequalities, it is necessary to
recognize the cultural practices and traditions of Indigenous people within the criminal justice
system and to address the systemic biases that perpetuate social inequalities. This recognition
involves promoting diversity and inclusivity within the criminal justice system, providing cultural
training and support to justice system actors, and recognizing the value of Indigenous knowledge
and traditions within the justice system.
THEORY/THEORIES THAT EXPLAIN THAT THE INJUSTICES AGAINST INDIGENOUS PEOPLE
IS A SITE OF PRODUCTION AND REPRODUCTION OF SOCIAL INEQUALITIES.
There are several theories that explain the injustices against Indigenous people as a site of
production and reproduction of social inequalities. One such theory is Marxist theory, which posits
that social inequalities are the result of economic exploitation and class struggle. In the case of
Indigenous people, their marginalization and exclusion from Canadian society are the result of the
dispossession of their land and resources, which has been exploited for capitalist gain. This
economic exploitation has perpetuated social inequalities and contributed to the overrepresentation
of Indigenous people in the criminal justice system.
Another theory that explains the injustices against Indigenous people is critical race theory, which
highlights the ways in which race and racism intersect with other forms of oppression to produce
social inequalities. In the case of Indigenous people, their marginalization and exclusion from
Canadian society are the result of the legacy of colonialism and the Indian Act, which perpetuated
systemic racism and contributed to the overrepresentation of Indigenous people in the criminal
justice system
Evelyn Nakano Glenn’s 1999 integrative approach to intersectionality provides a useful
framework for understanding how the injustices against Indigenous people are a site of production
and reproduction of social inequalities. According to Glenn, intersectionality recognizes that social
categories such as race, gender, and class are not discrete, but rather intersect and interact with one
another to produce complex forms of social inequality. In the case of Indigenous people, their
marginalization and exclusion from Canadian society is the result of the intersection of multiple
forms of oppression, including colonialism, racism, and economic exploitation.
Anna Carasthatis draws on Lugones to argue that intersectionality can reveal the problem of
colonial thinking as it structures our perceptual-cognitive experience through categorial
hegemony. This hegemony, which is reinforced by the criminal justice system, ` perpetuates
social inequalities and reinforces stereotypes and biases about Indigenous people. In conclusion,
the injustices against Indigenous people are a site of production and reproduction of social
inequalities. These social inequalities are the result of the legacy of colonialism, racism, and
economic exploitation, which intersect and interact with one another to produce complex forms of
oppression. Evelyn Nakano Glenn’s integrative approach to intersectionality provides a useful
framework for understanding these social inequalities and the ways in which they are reinforced
by the criminal justice system. To address these social inequalities, it is necessary to recognize the
intersectional nature of oppression and to address the systemic biases that perpetuate social
inequalities within the criminal justice system.