NCJ Number
65195
Journal
CRIME ET/AND JUSTICE Volume: 7/8 Issue: 1 Dated: SPECIAL ISSUE (1979/1980) Pages: 3-21
Date Published
1980
Length
19 pages
Annotation
THE CONFLICT/PLURALIST APPROACH TO THE RELATION BETWEEN NATIVE INDIAN OFFENDERS AND CANADIAN CRIMINAL JUSTICE SYSTEM IS EXPLAINED.
Abstract
THE CONFLICT/PLURALIST APPROACH PERCEIVES THE HISTORY OF CANADA'S NATIVE INDIANS IN TERMS OF THEIR SUBJUGATION BY A COLONIAL POWER. THIS DIFFERS GREATLY FROM THE ORDER/ASSIMILATIONIST ATTITUDE PREDOMINANT AMONG CANADIAN CRIMINOLOGISTS THAT FORCES ETHNIC GROUPS TO ADJUST TO DOMINANT OR GROUP STANDARDS. THE CONFLICT/PLURALIST MODEL HAS ENORMOUSLY SIGNIFICANT POLICY IMPLICATIONS FOR THE CANADIAN CRIMINAL JUSTICE SYSTEM. ITS EMPHASIS ON SELF-DETERMINATION FOR THE NATIVE INDIAN IS VASTLY DIFFERENT FROM THE PREVAILING ASSIMILATIONIST ATTITUDES. THE HISTORY OF NATIVE INDIANS AND THE CANADIAN JUSTICE SYSTEM MUST BE UNDERSTOOD WITHIN A BROADER SOCIOECONOMIC BACKGROUND TO UNDERSTAND THE CONFLICT/PLURALIST APPROACH. ANALYSIS OF NATIVE CRIMINALITY IN CANADA WILL REMAIN CRUDE UNTIL THERE IS A SENSITIVE DEFINITION OF TERMS USED TO DESCRIBE THE NATIVE OFFENDER. CURRENTLY, THE CANADIAN JUSTICE SYSTEM HAS DIFFERENT LAWS FOR INDIANS WHO HAVE AND HAVE NOT MADE TREATIES WITH THE CROWN, WHO ARE OF MIXED BLOOD, WHO ARE REGISTERED INDIANS MARRIED TO NONREGISTERED INDIANS. THERE ARE NO LAWS AT ALL FOR THE ESKIMOS. THE NATURE OF NATIVE OFFENSES IN CANADA COMPARED WITH THAT OF WHITES ARE RELATIVELY MINOR AND HAS VERY LITTLE INVOLVEMENT WITH NARCOTICS AND OTHER DRUG OFFENSES. HOWEVER, ALCOHOL CONSUMPTION PLAYS A MAJOR ROLE IN NATIVE CRIMINALITY. WHILE THEIR OFFENSES ARE MINOR, NATIVE INDIANS STILL MAKE UP A DISPROPORTIONATE AMOUNT OF PRISONERS IN CANADIAN INSTITUTIONS. REASONS FOR THIS CAN BE EXPLAINED IN TERMS OF ARREST RATES, PLEA NEGOTIATION, LEGAL REPRESENTATION, SENTENCING, FINE PAYMENT, AND RECIDIVISM. FUTURE RESEARCH IN CANADIAN CRIMINOLOGY MUST DEVELOP A BROAD THEORETICAL FRAMEWORK CAPABLE OF INTEGRATING SOCIOECONOMIC, SOCIOPOLITICAL, HISTORICAL AND ANTHROPOLOGICAL PERSPECTIVES. TABLES WITH SUPPORTING STATISTICAL DATA AND AN EXTENSIVE BIBLIOGRAPHY ARE GIVEN. (JMB)