Essay Sample on The Canadian Justice System and Aboriginal People
When discussing Canada's justice system, the topic of having a separate justice system for aboriginal people is a very controversial one. Due to the many injustices done to the aboriginal people, much of Canada believes that the government should create a separate system specifically for those of aborigal descent. I however believe that a separate system would not provide enough benefits that would lead to the betterment of Canadian society. The bias and racial discrimination present within Canada’s justice system has been prevalent for many years however, the price needed to create a separate justice system would be too much for Canada today. I acknowledge that Canada has committed a large amount of atrocities against its aboriginal population but too many problems would arise from the creation of an aboriginal justice system. This would also undermine Canada’s Charter of Rights and Freedoms. The idea that “all are equal beneath the law” would be thrown away and would instead become “all members of a specific race or ethnicity are equal under their law”. Those problems would not stop and give rise to even more, resulting in a much more pronounced racial and ethnic segregation in Canada.
With the creation of an aboriginal only justice system, the countless positions needed to operate it would lead to an astronomical amount of time and money for one separate Justice System. The other races present in Canada’s demographic would also yearn for their own justice system. This constant loop would be far too costly for Canada to handle and may even result in Canada going bankrupt. The amount used to fund the Department of Justice in 2019-2020 had “amounted to $1152.5 million”. The funding received would be spread throughout many projects and other smaller departments within the Department of Justice. Canada’s operating costs for its police services “have generally been on the increase since 1996/1997 and continued to inch up in 2018/2019 reaching $15.7 billion.” Canada does not have the resources available to create multiple separate justice systems let alone maintain them for years to come.
By creating separate justice systems for each ethnic and racial group, Canada would become more segregated and less unified. This would stop the racial and ethnical stereotypes from becoming present in the justice system but the unity that was shared as Canadian citizens would be discarded. Bias towards a person’s race or ethnic group within the justice system could lead to lesser charges for indictable offenses. Instead of one group lessening the charges for their own member, every single group would be able to do the same. The reasons I have stated are some of my biggest concerns in the production of separate justice systems.
Government of Canada, Department of Justice. “Department of Justice Canada Minister's Transition Book.” Resources, 9 Aug. 2021, https://www.justice.gc.ca/eng/trans/transition/2019/nov/tab4.html.
Conor, Patricia, et al. “This Juristat Article Examines Trends in Police Resources for Canada, the Provinces and Territories, and Select Police Services. the Number of Police Officers per 100,000 Population (Rate of Police Strength) Is Presented for Each of the National, Provincial/Territorial, and for Select Police Services. Information on Police Rank, Age Group, Hiring, Departures, Eligibility to Retire, Part-Time Positions, and Long-Term Leave Are Provided, as Well as the Number of Indigenous Peoples and Visible Minority Self-Identified at National, Provincial/ Territorial Levels and/or for Select Police Services. Additionally, Detailed Data on Operating Expenditures and Capital Expenditures on Policing (a Component of Justice System Spending) Are Presented for the National and Provincial/Territorial Levels. Lastly, Information on the Number of Civilians and Special Constables, Their Duties and Functions in Police Services and Information on Current and Emerging Issues Related to Policing Are Presented at Various Levels.” Government of Canada, Statistics Canada, Government of Canada, Statistics Canada, 8 Dec. 2020, https://www150.statcan.gc.ca/n1/pub/85-002-x/2020001/article/00015-eng.htm.
Government of Canada, Department of Justice. “The Canadian Criminal Justice System: Overall Trends and Key Pressure Points.” The Canadian Criminal Justice System: Overall Trends and Key Pressure Points, 23 Nov. 2017, https://www.justice.gc.ca/eng/rp-pr/jr/press/.
