Courts Must Consider History When Sentencing Aboriginal Offenders

[cybercoma]

“When sentencing an Aboriginal offender, courts must take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and of course higher levels of incarceration for Aboriginal peoples,” a 6-1 majority said.

Read more: http://www.theglobeandmail.com/news/national/judges-must-consider-history-when-sentencing-aboriginals-supreme-court/article2379145/

What do you think of this decision and what does it mean for our justice system?

[stopstaaron]

This is stupid.. Another stupid decision by judges. I have no faith in the justice system anymore.

Time for the people to dish out their own punishment as the courts aren't going to.

[DogOnPorch]

What do you think of this decision and what does it mean for our justice system?

My family's nation of Volga Germany was wiped from the face of the map by Stalin. Should it be a factor in sentencing if I commit crimes?

[WWWTT]

My family's nation of Volga Germany was wiped from the face of the map by Stalin. Should it be a factor in sentencing if I commit crimes?

Perhaps if you lived and worked near Volga,Germany.

WWWTT

[Moonbox]

My mother was too critical when I was growing up. I hope the courts take that into account as well.

What a pile of dog****.

Edited March 23, 2012 by Moonbox

[stopstaaron]

Isn't this sort of racist by the judges? They would be discriminating against the victims of the crimes because the defendant is native

[TwoDucks]

On one hand, I do think a judge should factor something like that in their ruling. On the other, I'm not particularly keen that the supreme court has ruled it must be done. I guess I just wish it wasn't something that is considered needed.

[stopstaaron]

On one hand, I do think a judge should factor something like that in their ruling.

What good reason do you have to think that?

[Smallc]

On one hand, I do think a judge should factor something like that in their ruling. On the other, I'm not particularly keen that the supreme court has ruled it must be done. I guess I just wish it wasn't something that is considered needed.

And that's just the problem. There are real problems on aboriginal communities that don't exist elsewhere. That environment probably should be taken into account. Whether or not it's a result of history, I don't know.

[stopstaaron]

There are real problems on aboriginal communities that don't exist elsewhere.

Bull****. that is a lie!!

Edited March 23, 2012 by stopstaaron

[Wild Bill]

Isn't this sort of racist by the judges? They would be discriminating against the victims of the crimes because the defendant is native

I think you're quite right, stopstaaron!

It sounds not just politically correct and racist in itself but incredibly patronizing to me!

[g_bambino]

My mother was too critical when I was growing up. I hope the courts take that into account as well.

Actually, a convicted individual's family circumstances can be taken into account by a judge when the latter is deciding upon a sentence (should the law allow the judge that leeway).

[Smallc]

Bull****. that is a lie!!

No, it isn't a lie, actually. The aboriginal graduation rate, for example, is far below that of the average. The employment rate, especially on reserve, is also far below average. Addiction runs rampant through the communities. The prisons in Manitoba have an over 80% aboriginal population. It's a sad and terrible situation.

Edited March 23, 2012 by Smallc

[stopstaaron]

No, it isn't a lie, actually. The aboriginal graduation rate, for example, is far below that of the average. The employment rate, especially on reserve, is also far below average. Addiction runs rampant through the communities. The prisons in Manitoba have an over 80% aboriginal population. It's a sad and terrible situation.

People of all races suffer from a difficult up bringing .. all you are doing is making a case to end the use of reservations because as long as they live on the reserve they don't have to pay taxes or work thus enabling them to sit around and do drugs.

[g_bambino]

all you are doing is making a case to end the use of reservations...

The courts can neither end the use of reservations nor change the past, either for the collective or for an individual.

[cybercoma]

No, it isn't a lie, actually. The aboriginal graduation rate, for example, is far below that of the average. The employment rate, especially on reserve, is also far below average. Addiction runs rampant through the communities. The prisons in Manitoba have an over 80% aboriginal population. It's a sad and terrible situation.

I'm not sure people like olp1fan quite understand the long-term impact the federal government's relationship with the first nations has had on their communities, especially the residential schools. It's not just the fact that students were raped and abused. They were given an wholly inadequate education in many of the cases, putting an entire generation of aboriginal Canadians behind the rest of the nation. And we're not talking 100 years ago. We're only talking a generation ago. There are innumerable studies on the effect of parents education, socioeconomic stauts (SES), criminal history, and mental health on the outcomes of children from their academic achievement, to their SES prospects, to depression, drug use, alcholism, and even behavioural problems like anxiety, depression, and aggression. These correlations have been well-examined and exist not just for aboriginal communities, but all children. The reserve system and the residential school system for aboriginal Canadians without a doubt caused serious problems amongst those communities. More importantly, however, is that it didn't just cause a problem for a snapshot in time. When you destroy a generation of people, it makes it considerably more likely that their children will be adversely affected by that as well.

For more information on the relationships that I'm talking about, look up Statistics Canada's National Longitudinal Survey of Children and Youth (NLSCY).

[stopstaaron]

No, it isn't a lie, actually. The aboriginal graduation rate, for example, is far below that of the average.

I went to school with a lot of natives. In my grade there was about 30 and only a few graduated. There is a reason for that ... they would brag all of the time about how they didn't have to go to school or work because the government would give them money so they could smoke and drink all day. The few natives I was school friends with were pretty smart .. and they would get paid for every A they received on their report cards. I think it was around 50 dollars. One of them fell to the wayside in grade 12 though, got a girl pregnant, started doing drugs and dropped out. I will agree that the environment on reservations are toxic. They are no good for people. So what are we going to do about that? Should we keep giving natives more leeway & privileges or should they be just like the rest of Canadians?

[g_bambino]

I'm not sure people like olp1fan quite understand the long-term impact the federal government's relationship with the first nations has had on their communities, especially the residential schools.

The blame for the current circumstances can't be laid entirely at the threshold of parliament; Aboriginals are not free from responsibility for themselves. However, it's pretty evident that there are today problems that are unique to First Nations and, yes, they didn't pop up out of nowhere; there's a history behind them to consider.

[stopstaaron]

I'm not sure people like olp1fan quite understand the long-term impact the federal government's relationship with the first nations has had on their communities, especially the residential schools.

Don't make that assumption. I've been around natives my whole life. In high school my history teacher was a native. We learned probably more in that class about what happened than most places did. You shouldn't assume.

[Smallc]

People of all races suffer from a difficult up bringing .. all you are doing is making a case to end the use of reservations because as long as they live on the reserve they don't have to pay taxes or work thus enabling them to sit around and do drugs.

As I've said should be done, but there is nothing that the SCOC can do about that, other than make sure it's taken into consideration.

[Smallc]

I went to school with a lot of natives. In my grade there was about 30 and only a few graduated. There is a reason for that ... they would brag all of the time about how they didn't have to go to school or work because the government would give them money so they could smoke and drink all day.

And why do they think that way?

[TwoDucks]

What good reason do you have to think that?

Uh, because the job of a judge is to judge? I'm not saying said judge should ignore all charges against anyone of aboriginal descent, I'm saying he should take any mitigating factors into account. If he does and decides it shouldn't affect the ruling, that's absolutely fine by me.

[stopstaaron]

However, it's pretty evident that there are today problems that are unique to First Nations and, yes, they didn't pop up out of nowhere; there's a history behind them to consider.

Addiction is the same anywhere.

But yeah, I liken most reserves to ghettos. Growing up in a dump where every yard has 3 or 4 rusting cars like most reserves I've seen isn't going to encourage anybody. They don't have to pay taxes or work as long as they live on the reserve. That isn't going to encourage anybody to turn their lives around..not when they can just chill and get high and drink all day. Why do you think the drop out rate is so high? It's not because they aren't given the opportunity to go to school..hell, they get paid for every A they get! There's more natives in prison than any other race because they drop out of school, do drugs (which should be legalized anyway) and commit crimes.

I know these people. A few of the natives I've went to school with have been to prison or are still in prison. Mostly for grand theft auto and drug crimes. They all did drugs. dropped out of school. A few of them got kicked out of their house by their family because of the choices they've made. You can show me any statistic you want about how natives are the victims but all I see are bad choices. Lets just reward bad choices because of something horrible their grandparents went through. I understand what happened but I've seen first hand what is really going on.

[stopstaaron]

And why do they think that way?

I've already said why. The reservation environment is toxic. As long as you live on the reserve you don't pay taxes, you don't have to work. So they don't and a lot of the money they get goes to alcohol and drugs. Their houses are like shacks. Their is rusting cars in their yard that stays there for years. I'm not saying every reservation is like this but many of them are.

The natives whom are living off the reserve do much better than the natives whom live on the reserve.

[Smallc]

I've already said why. The reservation environment is toxic. As long as you live on the reserve you don't pay taxes, you don't have to work. So they don't and a lot of the money they get goes to alcohol and drugs. Their houses are like shacks. Their is rusting cars in their yard that stays there for years. I'm not saying every reservation is like this but many of them are.

Well, they actually have some pretty nice houses, and some pretty bad ones...but I think you just made my point. You have to take into consideration their situations hen you are judging them, especially legally.