NCJ Number
204864
Date Published
2004
Length
23 pages
Annotation
This chapter examines three commissions in Canada that were established to consider the position of Aboriginal people within Canada, with a particular focus on their over-representation in the criminal justice system.
Abstract
During the past three decades in Canada, concern has been raised over the statistical over-representation of Aboriginal people in the criminal justice system. Policy responses have been varied and have included the establishment of official commissions to study the problem. This chapter analyzes the three most influential of these inquiries: the Marshall Inquiry in Nova Scotia, the Public Inquiry into the Administration of Justice and Aboriginal People in Manitoba, and the Royal Commission on Aboriginal Peoples’ Report on Aboriginal People and Criminal Justice in Canada. The Marshall Inquiry was established to investigate the wrongful murder conviction of a Mi'kmaq Indian. This investigation soon became a broad-ranging inquiry into the entire administration of justice in the region, focusing on the possible differential treatment of Aboriginal and other visible minority groups. In short, the Commission concluded that little evidence existed to support allegations of differential treatment of ethnic minorities. The Public Inquiry into the Administration of Justice and Aboriginal People in Manitoba was established to investigate the fatal shooting of an innocent Aboriginal man by the Winnipeg police. This commission was given latitude to determine the scope and manner of its inquiries; the result was an empirically questionable report that did little to shed light on the events it was supposed to investigate. The Royal Commission on Aboriginal Peoples’ Report on Aboriginal People and Criminal Justice in Canada is also examined in this chapter to illustrate how official versions of truth put forth by official inquires masquerade as the only truth. The Royal Commission on Aboriginal Peoples’ was established in 1991 to address outstanding political, social, economic, and cultural issues concerning Aboriginal people in Canada. Unfortunately, the opportunity to effect real change for Aboriginal people was squandered; the report did little to promote empirical research and instead was filled with historical writings, submissions, and findings from previous inquiries. All three official inquiries failed to address the main possibilities for Aboriginal over-representation in the criminal justice system. Previous inquiry findings were taken as truth and used in place of empirical research to reach conclusions in subsequent official inquiries. As such, injustice and inequality were not seriously considered in these official inquiries. Notes, references