scholarly journals Indigenous Peoples and Criminal Justice in Australia

Author(s):  
Chris Cunneen ◽  
Amanda Porter
Author(s):  
Dalia Zahreddine

Kent Roach’s Canadian Justice, Indigenous Injustice (2019) analyzes the highly divisive and contested acquittal of fifty-six-year-old white cattle farmer, Gerald Stanley, in the 2018 case involving the death of twenty-two-year-old Cree man, Colton Boushie. The book argues that this particular case highlights the striking disadvantages that Indigenous Peoples continue to face within the criminal justice system. However, though well intentioned, Roach’s book is not without its problems, and ultimately, fails to sufficiently prove that the root of Gerald Stanley’s acquittal was solely attributed to systemic racism or Indigenous victimization. The arguments, lacking Indigenous opinions and consultation, essentially devolved into a demonstration of Roach’s confirmation bias.


2021 ◽  
pp. 120633122110140
Author(s):  
Matthew P. Unger

This article examines how images of nature, weather, and topography disclose a politics of recognition (who is visible/invisible) invested in a burgeoning criminal justice milieu, where punishment of wrongdoing became increasingly racialized in British Columbia during the early confederation period of Canada’s history. Drawing from archived court documents and colonial writing, it examines dominant environmental metaphors and tropes that structured this politics of recognition within the colonial legal imaginary. I argue that images and understandings of topography, nature, weather, and seasons shaped the background enactment of law in early Canadian lawmaking practices. By examining these natural tropes, this article seeks to understand the contours of a contextually specific colonial legal imaginary as a vital component for entry into the criminal justice system. This colonial legal imaginary predisposes certain groups, and particularly Indigenous peoples, as subject to the constraining power of law, thereby fueling the growth of crime control industries over the last 150 years.


2019 ◽  
Vol 2 (1) ◽  
pp. 359-381 ◽  
Author(s):  
Chris Cunneen ◽  
Juan Marcellus Tauri

This review provides a critical overview of Indigenous peoples’ interactions with criminal justice systems. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. The review is built around a number of key arguments, including that centuries of colonization have left Indigenous peoples across all four jurisdictions in a position of profound social, economic, and political marginalization; that the colonial project, especially the socioeconomic marginalization resulting from it, plays a significant role in the contemporary over-representation of Indigenous peoples in settler-colonial criminal justice systems; and that a key failure of both governments and the academy has been to disregard Indigenous peoples responses to social harm and to rely too heavily on Western theorizing, policy, and practice to solve the problem of Indigenous over-representation. Finally, we argue that little will change to reduce the negative nature of Indigenous–criminal justice interactions until the settler-colonial state and the discipline of criminology show a willingness to support Indigenous peoples’ desire for self-determination and for leadership in the response to the social harms that impact their communities.


2020 ◽  
Vol 2 (1) ◽  
pp. 59-82
Author(s):  
Michaela Mary McGuire ◽  
Ted Palys

Canada has oppressed Indigenous peoples capacity for true sovereignty through colonialism, genocide and attempted assimilation. This devastation manifests in the disproportionate social ills facing Indigenous peoples and their overrepresentation at all levels of the imposed criminal justice system (CJS). Trauma and internalized colonialism have constrained the capacity of Indigenous Nations to reclaim their place in the world as self-governing peoples. Canada has attempted to ‘fix’ this problem through creating parallel systems, trying to fit ‘Indigenous’ conceptions of justice into existing systems, and problematically adopting restorative justice as synonymous with Indigenous justice. The rhetoric of reconciliation and apology mask the continual genocidal, assimilative goals of the state. With these caveats in mind, the need to reject internalized colonialism and develop capacity for the development of sovereign Indigenous justice systems will be examined.  


2013 ◽  
Vol 6 (1) ◽  
pp. 1-4
Author(s):  
Tia Dafnos

Recent months of 2013 have seen the public release of official reports on the ongoing exclusion and marginalisation of Indigenous peoples vis-à-vis the Canadian criminal justice system. The Iacobucci review (2013), commissioned by the Ontario Government, documents systemic racism throughout the courts, prisons and jury systems that disadvantages Indigenous peoples. The review emerged from the lack of Indigenous jurors in coroner’s inquests into the death of Jacy Pierre in police custody, and the drowning of Reggie Bushie in 2007. Another report from the Correctional Investigator documents the over-representation of Indigenous people in the federal prison system, which has increased by 43 per cent in five years (Saper 2012). These observations are set against the political backdrop of the conservative government’s ‘tough on crime’ agenda and ongoing policies of Aboriginal title and rights extinguishment (Diabo 2012).


Author(s):  
Juan Marcellus Tauri

Indigenous criminology has developed since the start of the 21st century as a result of the regeneration of Indigenous epistemologies and reinvigoration of Indigenous critique of the criminal justice practices of settler-colonial states. In stark contrast to Carlen’s call for criminology as a scientific art, Indigenous formulations—political, partisan, and subjective, reflective of the stated aims of activist scholars such as Agozino, Monture-Angus, Victor, Tauri, and Porter—are evangelical by necessity to hold the settler-colonial state accountable for the violence it perpetrates against Indigenous peoples, and to subject western criminologists to critical scrutiny for their historical and contemporary support for the state. This support manifests through the use of theories and research methodologies that silence Indigenous experiences of settler-colonial crime control, and approaches to crime and social harm, and through the discipline of criminology’s continued support for the state’s continued subjugation of Indigenes. The Indigenous critique challenges the Eurocentric nature of much western criminological analysis of Indigenous over-representation in criminal justice, especially in settler-colonial settings, which often lacks a theory of colonialism, reserving analysis for the recalcitrant native and their supposedly criminogenic culture. Also problematic is the tendency of many criminologists to utilise non-engaging methods for researching Indigenous peoples, a process that too often sidelines their experiences of crime control processes. In contrast, Indigenous scholars and their non-Indigenous allies propose an Indigenous variant of the discipline based on core principles that distinguish their activist scholarship from the mainstream, including rejecting the false dichotomy between objectivity and commitment, giving back by speaking truth to power, and making research real for Indigenous peoples.


2019 ◽  
Vol 28 (2) ◽  
pp. 13-24
Author(s):  
Gina Starblanket

To state that the Canadian criminal justice system has historically failed to provide adequate measures of justice for Indigenous peoples would be both an understatement and a mischaracterization. Canadian institutions of justice have not merely failed Indigenous peoples but were not designed to protect Indigenous interests to begin with. Designed by and for European newcomers who sought to institute their own legal orders, the justice system has functioned as an integral part of the structure of settler colonialism in Canada.


2019 ◽  
Vol 8 (3) ◽  
pp. 38-55
Author(s):  
Valeria Vegh Weis

This paper offers critical analytical tools to progress the development of a critical green southern criminology. Using Argentina as a case study, the article develops the notion of criminal selectivity to expose the biased functioning of the criminal justice system. The article explores how crime control is used to the detriment of Indigenous peoples, despite the fact that their protests do not produce significant social harm and are framed within constitutional rights. Conversely, the study exposes how the criminal justice system is not used to prosecute green harms perpetrated by corporations or the unlawful use of force against native peoples by law enforcement agencies, despite the harm of those behaviours on the environment and communities. The article exposes how the Argentinean criminal justice system targets the most vulnerable peoples while failing to provide environmental protections, and is an indicator of the bias within criminal justice systems in the Global South.


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