Justice and Native Peoples (From Native Americans, Crime, and Justice, P 20-33, 1996, Marianne O Nielsen and Robert A Silverman, eds. -- See NCJ-168132)

• NCJ Number: 168134
• Author(s): J Dumont
• Date Published: 1996
• Length: 14 pages
• Sale Source: Westview Press, Inc
• Publication Type: Issue Overview
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

The Euro-Canadian justice system that has been applied to the Aboriginal people of Canada has evolved out of a context and history that is different from the cultural and historical context of North American Aboriginal people.

Abstract

Euro-Western concepts of sovereignty, authority, hierarchy, and ruling entity are diametrically opposed to the concept of spiritual compact, tribal will, custom/tradition, and respect for the inherent equality and integrity of the individual of the Aboriginal world view. Where it has almost universally been applied to Aboriginal people, it has been a system imposed upon them and found to be basically incompatible with the concepts and values of persisting Aboriginal culture and world view. Psychologically, the core values of Aboriginal people, as well as their cultural beliefs and structures, have been resistant to change. The values and the behavior generated by them have persisted through time and in spite of acculturational forces. This being so, the difficulties that arise from an imposed system of justice based on a different value system and core principles still persist in the courtrooms of today. Continuing difficulties for Aboriginal people in conflict with the law and in relating to the justice system can be traced directly to the unsuccessful meeting of two distinctive cultures and traditions.