Injustices in the Canadian Criminal Justice System Law Essay

Injustices in the Canadian Criminal Justice System
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Injustices in the Canadian Criminal Justice System
The Canadian Criminal Justice System is built on the principles of due process, independence of the judiciary, assumption of innocence, openness & accessibility of court, equity before the law (BC, 2020). The purpose of the system is to ensure the safety, wellness, and productivity of Canadians. Therefore, the system continuously strives to ensure that the country is a law-abiding and just society by enhancing accessibility, efficiency, and reliability of court services (DOJ, 2017). Since 2015, rankings by Project Rule of Law show that Canada's criminal justice system has been improving over the years, attaining position 9 in 2020 from 16 (WJP, 2020). Injustices in the justice system contribute to the country's inability to top these rankings.
Key evidence of injustice in the Canadian Criminal Justice System is the overrepresentation of aboriginals in custody. On three different occasions, the Canadian Supreme Court has found that Canada's criminal justice system is failing indigenous people (Arbel, 2019). In 1998, in Republic v. Williams, the court determined that jurors could be asked questions about their biases towards indigenous minorities since discrimination towards them was 'rampant' (Rudin, 2018). In Republic v. Gladue, the court ruled that the over-representation of aboriginals in the country's criminal justice system is a 'crisis.' In 2012 in Republic v. Ipeelee, the court stated that issues facing aboriginals are a result of systematic discrimination they face in the justice system.
Statistics indicate that while aboriginals make up 4.1% of the Canadian population (2016-2017), they represent 27% of admissions to federal custody. Further, 50% of youth forced into federal custody between 2016 and 2017 were aboriginals despite that they only make up 8% of the Canadian youth population (DOJ, 2017). Therefore, the Canadian criminal justice system consists of elements of systemic discrimination, causing suffering rather than protecting the minority aboriginals, as stated under the principles upon which the system is built on.
To address this injustice, the Canadian government must address several key issues. First, the government should boost programs that will elevate the minority groups from poverty. The high rate of arrests and prosecution of aboriginals is linked with poverty, which can be attributed to colonial extractive institutions that di...