Bridging the cultural divide : a report on Aboriginal people and criminal justice in Canada / Joint Chairmen: René Dussault and Georges Erasmus. : Z1-1991/1-41-8E

Thousands of recommendations have been made over the past ten years to make the criminal justice system more responsive to the needs of Aboriginal people. Yet Aboriginal people remain over-represented in prisons and subject to systemic discrimination throughout the justice system. While previous commissions have focused on reforming the existing justice system, the Royal Commission's major contribution is to examine another road - the creation of Aboriginal justice systems, and how these could work alongside the existing system. The report reviews current Aboriginal justice initiatives including Aboriginal policing, Aboriginal courts, elders panels and sentencing circles. Two case studies of successful justice initiatives provide lessons for both governments and Aboriginal people wishing to take this road. The greatest challenge is to create conceptual and constitutional space for Aboriginal justice systems. The Commission explores the jurisdictional basis for the creation of Aboriginal justice systems in Canada, as well as how jurisdictional conflicts with the federal and provincial governments could be resolved. Issues include the application of the Charter of Rights and Freedoms and the Criminal Code to Aboriginal justice systems, ensuring the safety of women and children, dealing with appeals, and Aboriginal justice in urban centres. For the first time, we see what Aboriginal justice systems might look like. The Commission concludes the report with recommendations for reforming the existing justice system, and the cost to Canadians of continued inaction.

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