Minorities In The Criminal Justice System Criminology Essay

The importance of acknowledging the cardinal constructs of issues in the Canadian condemnable justness system is critical in the illustration of justness to minorities predominately Blacks and Aboriginal.

Blacks and Aborigines have been challenged socially, economically and politically. In analyzing the Canadian condemnable justness system, it can be concluded there are many complications in trying to warrant the result of a instance. It is imperative to acknowledge if the Canadian judicial system is merely responsible for the complete representation of Blacks and Aboriginals in the justness system. This paper will farther analyze and critically analyse the defects of the justness system.

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The procedures of prosecuting an wrongdoer sometimes rely on the jurymans. The importance of choosing jury demands to be farther addressed. Therefore, this paper will analyze different facets of the Canadian condemnable justness system in relation to the being of racial favoritism.The foundation of Canada was formed by the Aborigines go oning to the colonial revolution to go a multicultural state. However the diverse races that are existing in Canada have been in struggle.

Racism has lingered for infinite old ages wherein complete abolition will be unsuccessful supplying marginalisation and stereotypes are existing in society. It is notable to acknowledge the race-related unfairness minorities experience within the condemnable justness system. Though the different systems and processs in the condemnable justness system are designed to protect society, minorities are frequently challenged with stigmatisation.

Evidence from the Canadian society indicates an over representation of minorities within the condemnable justness system to the extent that there are concerns sing unlawful strong beliefs such as Donald Marshall, Jr. Prevalent subjugation of these races lead to the failure of the justness system to be a dependable beginning of unity to citizens, neglecting to construct assurance.This paper will discourse the importance of just and equal intervention in the justness system.

The failure to acknowledge the unfairness minorities encounter frequently consequences in the changeless pattern of systemic favoritism. Prejudiced patterns such as racial favoritism and racial profiling are still prevailing within the Canadian Criminal Justice System. The significance of turn toing this issue is holding an impartial mentality in the judicial system when a minority is convicted.

This issue can be addressed as systemic favoritism taking to the complete representation of Black and Aboriginal in prisons in Canada. The cardinal countries I will concentrate on are: the white dominated jury choice in tests affecting minorities. I will analyze if the condemnable instances are a consequence of systemic discriminatory patterns or if it is the complications within those instances.

In add-on I will besides analyse the ground why there is an over representation of Blacks and Aboriginals within the Criminal Justice System and if Canada violates the legislated human rights identified under the Charter of Rights and Freedoms and perchance the Criminal Code.This paper will dwell of assorted surveies conducted to analyze whether racial favoritism is existing in society. Many surveies have been conducted to find if racial bias is present through apprehensions and tribunal systems ensuing in the complete population of the prisons. In this paper I will analyse assorted beginnings of literature reappraisal, studies, articles, instances, theories and surveies to heighten my statements and carry the reader to implement solutions to assist cut down the partial intervention in all degrees of the condemnable justness system.By turn toing the cardinal issue in society it raises consciousness of the possible solutions that can be addressed.

This is a subject of involvement as I can associate as a minority. I hope to restrict the partial patterns in the Criminal Justice System. The analysis of condemnable tribunal instances such as R.

v. Williams ( 1998 ) , R. v. Khan ( 2004 ) , R. v. Marshall ( 1971 ) will back up my statements sing bing mistreatment of cultural minorities with the Canadian condemnable justness system.

I will besides discourse that stigmatisation of inkinesss and Aborigines are still outstanding in today ‘s society in the apprehension and tribunal procedures. In this paper, I will research why such unfairness is still happening and what actions can be taken to minimise stigmatisation. I will pull attending to the assorted signifiers of unfairness within the Canadian condemnable justness system. Through analysis of peculiar instances I will pull attending to the types of discriminatory pattern that exist. I will besides do recommendation on how to better turn to the bing racism jobs within the current justness system as turn toing such mal patterns are critical in bettering the justness system.

Historical Concepts of Race:

It is critical to see the historical background of the racial backgrounds that will be focused on in this paper.

It determines the cardinal cause of the job today that affects many lives. It is imperative to acknowledge the facets that will ease for a better apprehension of the results of instances. In add-on this will corroborate the challenges minorities have faced are still present today.

Mosher ( 1998 ) has proven, “ The analysis of racial inequality in diverse historical contexts allows us to set up a position from which to see modern-day jobs ” ( p.28 ) .

Blacks in Canada

As a consequence of colonialism, Canada has attracted immigrants from all over the universe including inkinesss. In 2006, informations collected through studies concluded the black population increased to over three quarters of a million approximate 783,000 ( Wortley & A ; Owusu-Bempah, 2010 ) . Though the population increased significantly from the earlier old ages, the representation of inkinesss within the Canadian population remains at 2.5 % . The black population in Canada fails to be every bit scatter in population distribution, as a consequence merely concentrated in specific metropoliss. The migration of the black population is diversified from the state of beginning with different composing of civilizations, values and beliefs.

The study concluded Canada ‘s black population suffers from economic and societal disadvantage ( Wortley & A ; Owusu-Bempah, 2010 ) .The advancement of multiculturalism in Canada through the colonial revolution significantly affected the black population. Historically dated, the prominent terrible pattern of bondage of black persons was practiced in the United Stated and the Caribbean. Nonetheless, Canada besides had some kind of engagement.

It has been apparent in the ownership of slaves by six legislators of Upper Canada ‘s first parliament ( Wortley & A ; Owusu-Bempah, 2010 ) . This illustrates the foundation of jointly puting the black population in societal disparity from the beginning. Therefore, the impact of disadvantage continues to the present twenty-four hours.The hapless intervention of white elites towards the black population frequently denied the basic rights of persons. The stigmatisation of inkinesss led to segregation in school every bit good as public life along with restrictions of having belongingss ( Winks, 2008 ) . The hostile intervention of the white population towards inkinesss was really expressed in comparing to today ‘s society. Although issues of racial favoritism have been addressed it is still implicitly outstanding today.

Stereotyped positions

The historical position of the inkinesss in Canada can farther exemplify the root of the job of society today. The beliefs and stereotypes that have been the first position of Whites towards the black population have been instilled in persons go oning to transport those set of beliefs. Harmonizing to a recent study, consequences have shown one tierce of the Canadian population study “ being at least somewhat racist ” ( Leger, 2007 ) . The outlook that has been created about the black population being socially and economically underprivileged has found a manner to do members of society believe they are continually being stigmatized. On the earlier old ages, Whites have ever had the upper manus in contrast to inkinesss, this has implicitly continued by analyzing the members of the condemnable justness system from the constabulary system to the members of the bench. As racial favoritism has formed in assorted ways from the beginning, it has had inauspicious affects on the black population of today ‘s society and the jurisprudence.

Therefore, the outlook from the bondage yearss have evolved and integrated into the justness system, impacting the method of functioning justness to inkinesss.The issue of racial favoritism in Canada is a controversial subject. In contrast, the most common expressed grounds of racial favoritism is racial profiling evident through anecdotal histories. The argument in Canada consists of the agnosticism of the general populace with focal point on systemic favoritism that exists in the justness system and if there is equal entree to services offered within the Canadian condemnable justness system ( Wortley, 2003 ) . Canada in comparing to the United States lacks the resources for empirical grounds to farther measure the sum of racial favoritism in the justness system. However, the minimum research conducted has obviously illustrated the prevalence of favoritism within the black and First Nation group of minorities.


First Nations suffered through a annihilating history nevertheless one may non presume it has been wholly stopped. Surprisingly, in the present twenty-four hours the mistreatment of constabulary forces or other important figures have non merely justified carnival and equal intervention.

Many bookmans have attempted to analyze the relationship of the interventions of the condemnable justness system through the communicating processes ( Roberts, & A ; Doob, 1997 ) .Historically, Aborigines were seen as a barrier to colonisation and advancement, as an result they were capable to unfair intervention and were forced to absorb into Canadian life. They were besides capable to change over from ‘red work forces ‘ to ‘white ‘ this was accomplished by coercing them into residential schools where they suffered a enormous sum of anguish ( Dickson-Gilmore, 2005 ) . During this procedure, First states have been stripped off of civilization: they were forced to give up land and degraded to the militias while they were prohibited to hold an Aboriginal theoretical account of household, societal life and spiritualty ( Dickson-Gilmore, 2005 ) . As Autochthonal have been rejected culturally, socially and politically it is a lending factor to why society has stereotyped positions.

As the compulsory arrangement of Aborigines on militias, it has resulted in the changeless usage of drugs and intoxicant as they are excluded from the remainder of society.Aborigines have suffered through a disadvantaged yesteryear from being stripped of all sorts of individuality and being put aside into the militias. It is really easy to stereotypically judge an person. Players in the condemnable justness system are besides worlds and are cognizant of the historically disadvantaged yesteryear of the First Nations.

The premise all Aborigines are the same can impact the result of instances wherein an Aboriginal is involved. The stigmatisation that has been established about the Indigenous continues to predominate in society today as it is apparent in the condemnable justness system.


The media has become a important influence on the general populace. From the telecasting shows, films and intelligence it has managed to instil certain information, perceptual experiences in the caputs of its viewing audiences and/or hearers. Prominently, the media will portray all the negative features of a certain race which leads to the creative activity of stereotypes. Surveies have shown the biasness of the Canadian media and the unfairness of media representations ( Mahtani, 2001 ) .

Well, the media is a powerful medium to present cognition to the populace, choosing certain images of minorities to regulate the populace ‘s position ( Fleras and Kunz, 2001 ) . As a consequence, pessimistic representation of minorities includes stereotypes and beliefs such as: threatening, pervert, and irrelevant to the building of the state. The negative traits of minorities depicted in the media automatically become the mundane perceptual experience of the populace. It is rare to see minorities on a telecasting show, nevertheless if they are featured on a show they are depicted as felons or pervert ( Mahtani, 2001 ) . Therefore, the images or the actions/role of a minority depicted in the media is considered “ one sided portraitures or articles ” become world in the heads of Canadians ( Fleras and Kunz, 2001 ) in add-on to verification of the stereotypes already created.The media frequently creates a image of hapless black work forces involved in drugs or force. Opportunities of a successful black adult male being featured in a intelligence broadcast have decreased in the likeliness. The media generates a subliminal message of pigeonholing black work forces.

Concentrating on a peculiar race narratives stressing certain features and finally transportations those features into a societal norm ( Fleras and Kunz, 2001 ) . In add-on, Aborigines who have claimed the land of Canada chiefly are besides portrayed as alkies and violent persons easing in the general stereotypes. These stereotypes are consumed in single beliefs including the constabulary and judicial system.Harmonizing to Scot Wortley and Akwasi Owusu-Bempah ( 2010 ) media analyses have depicted Black people in Canada have a heightened opportunity of being portrayed as condemnable wrongdoers instead than victims. The Black population have frequently complained sing the intelligence media and other signifiers of popular civilization ( movie, music, etc. ) about the portraiture frequently heightening the stereotypes that already exists. This word picture of the peculiar race normally places a strain on the intervention of the members of the condemnable justness system.

Scot Worley ( 2002 ) has performed extended research within the Toronto star. In his findings, he discovered about half of all narratives picturing Black people are related to offense and force, in comparing to 14 % of its opposite numbers of white victims. In add-on to the consequences, he besides found that white victims received more media coverage than Black victims. These prejudices of big mediums affect an person ‘s sub consciousness.

Treatments of minorities

Harmonizing to Nelson ( 2004 ) , extended research of the differential intervention of Aboriginals has been ongoing historically to show. A summarisation of the consequences consists of similar instances of confrontations between first states and the constabulary due to harassment, racism or aggressiveness through force to keep the combat of Aboriginal groups for pact rights and land claims.

Government has imposed solutions in an effort to cut down captivity rates for First Nations. The method of renewing justness is encouraged to diminish the over representation of Aborigines in the full Criminal Justice System ( Nelson, 2004 ) .In add-on, bookmans have besides studied the perceptual experience of constabulary and interactions with the black community.

Henry Hastings ( 1996 ) has conducted a research of how condemnable activities are racialized ensuing in the verification of negative perceptual experiences impacting the intervention of inkinesss in the condemnable justness system.Chart above ( Wortley & A ; Owusu, -Bempah, 2009, Unequal before the jurisprudence: Immigrant and Racial Minority Perceptions of the Canadian Criminal Justice system: hypertext transfer protocol: //www.springerlink.com/content/036768l1221r238m//fulltext.

html # Fig2 ) : Percentage of respondents who believe that a black individual would have a harsher sentence than a white individual convicted of the same offenseThe chart above is a word picture of the assurance of the general populace in the justness system. As antecedently mentioned, the perceptual experiences of society towards the Black population have non changed. As a consequence a study has been conducted based on perceptual experience of three major ethnicities: White, Chinese and Black. The public beliefs of maltreating Blacks had forced the constabulary enforcement to implement the thought of planing schemes to extinguish or cut down the belief of aiming racial minorities. An action program of enrolling minority groups in the constabulary force has been implemented. Evidentially, these anti-racism plans have non been good examined, due to the important sum of addition still prevailing in this study. Stenning ( 2003 ) has stated, “ if such attempts are effectual, perceptual experiences of racial prejudice in policing and the tribunals should hold decreased significantly over the past 10 to 15 old ages.

Racial Profiling

A outstanding signifier of racial favoritism is racial profiling. Evidence of studies conducted still happen racial profiling to be a common job. An academic literature definition of racial profiling is defined as: “ important racial differences in constabulary halt and hunt patterns, important racial differences in Customs hunt and question pattern and peculiar under or biting operation which mark specific racial/ethnic communities ” ( Wortley & A ; Owusu-Bempah, 2010, p.17 ) . Assorted surveies conducted in the United States, Great Britain and Canada have all concluded that Black people have an increased opportunity of being stopped, questioned and search by the constabulary ( Tanovich, 2006 ) .

This issue has been brought to the attending of the Ontario Human Rights Commission in 2003 with a digest of elaborate testimony from over 800 persons in Ontario with a bulk composing of black felt they have been a victim of racial profiling. If racial profiling exists it is apparent that racial favoritism besides exists and is slightly seeable in the justness system. Racial profiling within in the society by constabulary, at every degree of the justness system influences the statistical information of minorities in the Canadian condemnable justness system.

Players in the Criminal Justice System

The account of the complete representations of black and Aborigines in the condemnable justness system can merely be explained through the thorough analysis of the judicial system. Canada was originally established in a Europocentric focal point soon go oning warranting the defects of the condemnable justness system and the ignorance towards minorities. The limited representation of minority in the bench contributes to the factor of the deficiency of acknowledgment of minority demands.

Basically, it is critical to implement affirmatory action in the tribunals to avoid stigmatisation of race ( Crenshaw, Gotanda, & A ; Peller, 1995 ) . In add-on, in the event of concluding determinations in tribunal, bulk of jurymans selected are of a white decent while the condemnable wrongdoer is frequently black or Aboriginal with programmed stereotypes. As a consequence, jury determinations frequently incarcerate inkinesss and Aborigines making the over representations in prisons.By analyzing the judicial system it is easy to reason the racial consistence is conspicuously white males. This reflects non merely the European colonisation in early old ages but the current patriarchal society. Harmonizing to Hamalengwa ( 2003 ) , a white attorney had stated, “ conveying the racial animosity in a condemnable instance will estrange the justice, constabulary, prosecuting officers and the jury, all of whom are most likely White and will probably guarantee a strong belief ” ( p.

9 ) . The credibleness of this statement is accurate as it is a primary beginning. When the issue of race is raised in the tribunal systems, it is frequently denied the attending and action for equal justness of minority groups such as Aborigines and Blacks


Harmonizing to Parker et Al ( 2005 ) , there has been sufficient grounds to reason constabularies have an increased likeliness of doing apprehensions in instances affecting Whites compared to non white victims every bit good as scenarios with a white victim and a black wrongdoer. These consequences show that Whites are much more favorable within the justness system stressing on the higher value placed on them in comparing to melanize. Further analytical scrutinies of constabulary biasness of Whites during apprehensions have been studied. In Toronto during the period of 1996 throughout 2001 there have been 10,000 apprehensions affecting drug ownerships which was composed of 38 % of black suspects and 23 % Whites. All accused individuals were taken to the constabulary station for study procedures.

However accused white persons were likely to be discharged in contrast to black persons who were most likely to be detained nightlong for a bond hearing.As there is an overpowering over representation of Aboriginal people in the condemnable justness system, over and under patroling contribute to these statistics ( Rudin, 2005 ) . Over patroling refers “ to the pattern of patroling aiming people of peculiar cultural or racial backgrounds or people who live in peculiar vicinities ” ( Rudin, 2005, p.1 ) . This consequences in the constabulary structuring a different attack towards Aborigines with the premise they are violent, unsafe and more likely to be involved in condemnable activity. In contrast to the over policing, Aborigines are underrepresented to being victims by constabulary.

This a contemplation of the authorities who frequently disregard the Aboriginal rights claims and disregard the agony they continue to see ( Rudin, 2005 ) .Though there have been corporate attempts to strategically cut down racial prejudice in the justness system, it is still questionable whether it is really effectual. One of the attacks that has been late been put in consequence is minority enlisting. It is the thought of engaging minorities to diversify policing and the other sectors of the justness system ( Stenning, 2003 ) .

Consequences of this scheme have improved in diversifying the constabulary. In 1994, the constabulary force was composed of 6 % minority members compared to the important addition in 2009 to 19 % ( Wortley & A ; McCalla, 2008 ) . Diversity has evidentially been proven to be as the two out of the four Deputy Chiefs are black every bit good as the September 2009 alumnuss reported to hold been the most multicultural category of recruits ( Wortley & A ; Owusu-Bempah, 2010 ) .As the constabulary are making a racially diversified environment there is no warrant that minority members are free of racial favoritism in the work force. The job of racial favoritism will be hard to wholly eliminate, sing the historical facets of Canada and the being go oning into the work force. Police are a critical variable to see when covering with the racial background of one of the primary beginning for apprehensions and strong beliefs.

As mentioned antecedently, the constabulary force had been historically composed of a bulk of white racial background until late making prejudice to those minorities from internalized beliefs.


Critical Race Theory was created in the 1970 ‘s admiting racism following the political orientation from the United States. It is a socially constructed construct trying to demo the construction of jurisprudence including antidiscrimination jurisprudence suiting and easing racism ( Aylward, 1999 ) . The deduction of the Critical Race Theory intensifies the application of power within the condemnable justness system. Initially, the purposes and aims of the Critical Race Theory emphasizes on race and power. It basically deconstructs society by categorising racial hierarchies. However, the acknowledgment of racism reproduces inequality, farther minimising minority rights.

The construct deconstructs place of minorities while retracing juryman prejudice ( Aylward, 1999 ) . In the Canadian context critical race theory is frequently applied to the races that are more outstanding to racial favoritism, Blacks and First Nations.

Jury Selection

In add-on, the jury choice procedure is most likely to reflect the judiciary representation.

National Law Journal conducted a survey incorporating a sample of 800 jurymans, 42 % were White jurymans in contrast to the 25 % of Black jurymans teaming up with the constabulary officers instead than defendant nowadays in the instance ( Hamalengwa, 2003 ) . In fortunes of instances wherein race is involved, it is frequently a minority trying to indict a representative of the condemnable justness system such as the constabulary with an all white jury. The survey observed that jurymans are more colored by sympathizing with victims of their ain race and lenient of suspects of the same racial background ( Hamalengwa, 2003 ) . Therefore, to accomplish an equal disposal of justness it is indispensable to choose a racially assorted jury.In the instance of R. v. Williams jury choice depicted the defects of the condemnable justness system. Victor Daniel Williams, an Aboriginal accused of a robbery charge denied accusals.

At the primary test, the justice permitted inquiries posed to possible jurymans. As a consequence of this, the Crown had applied for a mistrial on the footing of procedural mistakes and the “ unfortunate promotion ” of the jury choice procedure ( R. v.

Williams, 1998 ) . At the 2nd test the justice had dismissed any gesture from the accused. In decision of this test the tribunal had admitted to the widespread of favoritism against First Nations within the community.In instances where the suspect believes the jury might hold prejudiced towards the peculiar race such as Aboriginal, the prosecution and defense mechanism have the right to dispute possible jurymans “ for cause on the land of fondness ” ( R. v. Williams, 1998 ) . Questions the suspect may inquire the possible jurymans whether they have already possess a bias towards the racial group wholly if so, if it is possible for the jurymans to do determinations without the prejudice they posses.

The instance was a drawn-out procedure of reasoning why the jurymans were questioned as it is presumed that jurymans will work without biasness. Counter statements have stated it if the bias of society is widespread how are the jurymans able to take it for the test get the better ofing the intent of subdivision 638 ( 1 ) ( B ) ( R. v. Williams, 1998 ) . As the instance concluded, extended prejudice continues to continue against Aboriginals. In contrast, British Columbia and the go toing justice held the grounds was non sufficient to find possible jurymans prejudiced.The R.

v. Williams instance has depicted the result of jury prejudice. However, this could be farther prevented if the jury choice procedure was racially assorted with different backgrounds and a assortment of positions. The result of the instance would differ greatly. This instance could be referred back to the stereotypes instilled in persons.

The general public assumes Aborigines and prisons are invariably correlated. The deduction of this stereotype can be farther expanded to the barbarian and lack societal and moral order indispensable in society ( R. v. Williams, 1998 ) .In the instance of R.

v. Williams jury choice depicted the defects of the condemnable justness system. Victor Daniel Williams, an Aboriginal accused of a robbery charge denied accusals. At the primary test, the justice permitted inquiries posed to possible jurymans. As a consequence of this, the Crown had applied for a mistrial on the footing of procedural mistakes and the “ unfortunate promotion ” of the jury choice procedure ( R. v. Williams, 1998 ) .

At the 2nd test the justice had dismissed any gesture from the accused. In decision of this test the tribunal had admitted to the widespread of favoritism against First Nations within the community.In instances where the suspect believes the jury might hold prejudiced towards the peculiar race such as Aboriginal, the prosecution and defense mechanism have the right to dispute possible jurymans “ for cause on the land of fondness ” ( R. v. Williams, 1998 ) . Questions the suspect may inquire the possible jurymans whether they have already possess a bias towards the racial group wholly if so, if it is possible for the jurymans to do determinations without the prejudice they posses. The instance was a drawn-out procedure of reasoning why the jurymans were questioned as it is presumed that jurymans will work without biasness. Counter statements have stated it if the bias of society is widespread how are the jurymans able to take it for the test get the better ofing the intent of subdivision 638 ( 1 ) ( B ) ( R.

v. Williams, 1998 ) . As the instance concluded, extended prejudice continues to continue against Aborginals. In contrast, British Columbia and the go toing justice held the grounds was non sufficient to find possible jurymans prejudiced. Though, the instance itself was based on the strong belief of robbery, it is imperative to observe and understand the tests by justice and jury as there is an increased likeliness the result of the instance is based on systemic discriminatory patterns.

Systemic Discrimination

It is non surprising to see the outstanding race in Canadian prisons consists of the minority groups that are frequently faced with obstructions. Both Blacks and Aborigines have suffered through a deprived history mirroring the consequence of how they function in society taking them to prison.

However, as these groups are prone to perpetrating more condemnable activities in comparing to other races, the partial finding of facts of Judgess and jurymans are significantly influenced. Hence, it consequences in the complete representation of Blacks and Aboriginals in Canadian prisons.

Canadian Prison System

The tabular array below illustrates statistics of the composing of the Canadian prison system.

It can be concluded through scrutiny of the charts that Aborigines and Blacks have the greatest sum of captivity into prisons. The general population of Blacks and Aboriginals composed in society compared to the ratio that are incarcerated have important differences and do up bulk of incarcerated persons. The over representations of these peculiar races in the prison system can do the general population to oppugn the justness system. Inevitably, factors to see when analysing this chart include the consideration of the existent offense committed or the unfairness of the tribunals to properly supply justness to wrongdoers due to racial prejudice or favoritism.

The Representation of Ethno-Racial Groups in Canada ‘s

Federal Corrections System ( 2008 )





% of National





% Federal





Rate of




( per, 100,000 )




85Asian32,090,3906.76682.90.4331.95South Asiatic1,262,8654.02161.00.










1 Population estimations for each racial group were derived from the 2006 Census ( Chui and Maheux 2008 ) .2 2008 Federal correctional statistics include those in prison and those under community supervising ( Public Safety Canada 2009 ) .3 The “ Asiatic ” class includes people of Chinese, Nipponese, South-East Asian, Korean and Filipino descent.

4 The “ Other ” class includes people with multiple racial backgrounds.

R. v. Marshall ( 1971 )

Donald Marshall was an norm 17 twelvemonth old. As a young person, it is more likely to acquire in problem with the jurisprudence for junior-grade offenses such as ingestion of intoxicant or smoke. He was the typical immature adult male who would interrupt the jurisprudence and take part in minor imbibing and smoke.

He was walking down the street and coincidently had an brush with one of his friends whom was African Canadian. The two persons were involved in a conversation until two other gentlemen from across the street decided to inquire for a igniter. As young persons it is besides most likely persons are more violent. As a consequence one of the two males had stabbed Marshall ‘s friend ensuing in his decease the really following twenty-four hours ( R. v. Marshall, 1971 ) .Marshall was non arrested long after the incident.

Shortly, he was arrested and charged with slaying with a three twenty-four hours test. He was so acquitted as were the constabulary in his apprehension. The constabulary had strongly believed Marshall was responsible for his ain strong belief and abortion of justness was seeable. As old ages passed, the adult male who really committed the offense was charged with manslaughter sentenced in prison for 3 old ages. A Royal Commission had identified Marshall as a victim of unlawful strong beliefs. Marshall was so compensated a entire sum of $ 700, 00.00 upon his release for unlawful strong beliefs ( R.

v. Marshall, 1971 ) .In this instance of unlawful strong beliefs, the unity of constabulary discretion can be questioned. There are many factors that have resulted in the unlawful strong belief. Though everyone posses internalized beliefs, the condemnable justness system should try to avoid partial opinions. In careful probe and scrutiny of this instance, there is a great possibility of avoiding the job.

It is imperative for the condemnable justness system to cut down opinions based on coloring material. Lack of analysis in instances are taking to the complete representations of minorities such as Blacks and First Nations in the prison system. Systemic favoritism exists in society and turn toing the job should ease in cut downing the job.As the historical perceptual experiences of societal disparities of the black and autochthonal population of Canada continue to be a factor in being racially discriminated, it is critical to acknowledge the foundation of systemic discriminatory patterns in the Canadian Criminal Justice System. Research has indicated inkinesss and First Nations are more likely to endure from poorness. As a consequence, “ hapless people are the most frequent victims of offense, merely as they are most frequently the culprits on which justness system focuses. ” ( Kuszelewski & A ; Martin, 1997 ) .

Fondnesss based on race can be disadvantageous to an accused in a assortment of ways. The direct nexus between favoritism and finding of fact is seen in the concluding determination. The African Canadian Legal Clinic assessed, “ The nexus between bias and finding of fact is clearest where there is an interracial component to the offense or a sensed nexus between those of the race of the accused and the peculiar offense ( ACLS, 1998 ) . In add-on, during the period of appraisal by jurymans there is a high possibility racial bias is prevailing. Evidentially, the huge belief of racism in society has deciphered into systemic favoritism ( Juristat, 2006 ) .

The Over Representation of Blacks and Aboriginals in the Criminal Justice System

There are assorted results to surveies conducted based on race and sentencing. Some surveies have revealed inkinesss are prone to harsher interventions ( Mauer, 1999 ) .

While other surveies found there is more leniency towards them and some do non happen a correlativity or difference with race and sentencing ( Phillips, 2002 ) . In contrast, the old surveies that have been compiled reveal there is a possibility of racial favoritism nowadays in the tribunals.Mosher has contributed greatly in his ain extended research of the Ontario tribunals from 1892 to 1930 reenforcing the consequences of today ‘s society.

Black wrongdoers suffered harsher sentences and were more likely to be convicted than Whites. There is a deficiency of lawfully relevant account for racial differences in condemning badness ( Mosher, 1999 ) . As a consequence, through a combination of analytical surveies continue to reenforce the thought of racial minorities victimising Whites have an increased likeliness of enduring from a terrible sentence in comparing to victimising another minority.

Race had ever been a finding factor in imprisoning minorities. Historically, when racial favoritism was more terrible and expressed, Blacks in federal prisons constituted 18 times of Whites ( Hamalengwa, 2003 ) . These dismaying statistics depict the strong racial biasness towards the black population ensuing in a rough penalty of imprisonment.

Number of JudgesProportion of JudiciaryProportion of legal professionProportion of entire populationEngland1394 %9-11 %9 %Ontario147 %9 %19 %( Judiciary Quarterly, 2007 )This tabular array illustrates the minorities within in the bench during the 2004-2005 clip period. The Numberss shown are comparatively low and demo the underrepresentation in the bench. However, this is a representation of the overall minority group in the judicial system. There is no indicant of the measure of these minorities are composed of racial backgrounds that are prone to racial favoritism ( First Nations or Blacks ) . A similar scheme to diversifying the constabulary has been ratified with the same motivation: to develop dealingss with cultural minorities ( Judiciary Quarterly, 2007 ) . The accent to develop a scheme to conflict racial favoritism was motivated by the Donald Marshall Jr.

Case. The committee responsible for analysing the instance had suggested Aboriginal groups and seeable minorities should be campaigners to go Judgess.

Misdemeanor of Human Rights identified under the Charter of Rights and Freedoms

Although Scott Wortley ( 2003 ) provinces there has been limited Canadian research on minorities and the intervention in justness establishments, instances have proven otherwise. The deficiency of information that is indispensable to farther research and roll up statistical grounds prevarications within the failure of the Canadian legal system in compeling studies of race in targeted persons for field probes ( Wortley, 2003 ) . There is no surprise the favoritism affect frequent Michigans of black persons when driving an expensive vehicle under the automatic premise of being drug traders ( Meehan andi Ponder, 2002 ) . A survey conducted through the usage of study concluded the belief that racial minorities are treated with favoritism by the condemnable justness system ( Roberts, & A ; Doob, 1997 ) .Hamalengwa ( 2003 ) provinces, “ It is thesis that race judicial proceeding has non made its manner to the Supreme Court of Canada and the lower tribunals because among other evidences, the issue of race has been silenced, denied or decontextualized if and when ab initio raised in a instance ” ( p.

4 ) .It is surprising that an issue of frequent ailments such as racial favoritism has frequently failed to be presented in the Supreme Court of Canada. It creates a sceptic environment by inquiring why it is non presented when there have been historical and present twenty-four hours records of inequality and favoritism ( Hamalengwa, 2003 ) . Consequential consequences of the silencing and unfairnesss of minorities in the justness system enable the continual pattern of systemic signifier of favoritism to be mutely integrated into the system. The inexplicit signifier of favoritism has been incorporated in patterns, policies and Torahs that it goes unnoticed. There is no enigma as to why inkinesss and Aborigines are frequently overrepresented in the prisonsIn subdivision 15 of the Charter of Rights and Freedoms it outlines the equal protection and benefit and application of the jurisprudence ( Hamalengwa, 2003 ) .

In contrast to this subdivision of the Charter, it seems to non be applicable and unfavorable to Blacks, neglecting to move as an advantage to them. The justness system refuses to admit instances disputing racial favoritism pretermiting the impact of these Torahs created on Blacks. In old old ages, the Supreme Court of Canada has given legal consent to racial favoritism and this is validated by Professor James Walker ( 1997 ) , who authored “ Race, Rights, and the Law in the Supreme Court of Canada ” .Some historic instances that have victimized inkinesss is Christie v. York Corp who was a Black Canadian denied service at a tavern due to his racial background, which was taken to the Supreme Court of Canada. Furthermore, Nancy Backhouse ( 1999 ) had supported this thought of the failure of the Supreme Court instances to acknowledge and back up prejudiced Torahs and patterns. However, there are no important alterations in today ‘s society except results are “ elusive and rather systemically embedded ” ( Hamalengwa, 2003, p.

8 ) .In add-on there has been a cased based on racial profiling. Kevin Kennard Khan had ab initio been stopped while driving by the constabulary with the belief of “ driving unpredictably ” ( R. v. Khan, 2004 ) .

However, Mr. Khan believes was due to racial profiling as he was a immature black adult male with a epicurean vehicle and has decided to dispute it in the tribunals. The constabulary had stereotypically targeted Mr. Khan as a drug trader. The justice sitting on the instance strongly believed Khan and thought he was really honorable, straightforward during cross-examination and the narrative he provided was synchronized with the grounds of activities constabularies provided.

As Justice Molloy concluded, the constabulary officers in Toronto had engaged in racial profiling. The effect of this halt had resulted in the misdemeanor of Mr. Khan ‘s Charter of Rights and Freedom. Under subdivision 8 unreasonable hunt of his vehicle and subdivision 9 arbitrary detainment ( R.v.

Khan, 2004 ) .

Condemnable Code

As Judgess are the most powerful important figures in the judicial system all concluding determinations are addressed by them. It is enacted in the Canadian Charter of Rights and Freedoms for Judgess to pattern discretion to dispute for cause. Section 638 ( 1 ) ( B ) is intended to forestall individual who may non be able to move nonpartisanship from sitting as jurymans. The exact statement of Section 638 ( 1 ) ( B ) in the Criminal Code:“ ( 1 ) A prosecuting officer or an accused is entitled to any figure of challenges on the land that( B ) a juryman is non apathetic between the Queen and the accused ; ” ( Canadian Criminal Code, 2010 )However the job with this subdivision of Criminal Code is the credibleness of the possible jurymans ( R.

v. Williams, 1998 ) . Hence, this subdivision should entitle the cardinal rights to a just test by an indifferent jury and to equal chance as stated by jurisprudence ( R. v. Williams, 1998 ) .The amended version of the Criminal Code s.

718.2 ( vitamin E ) instructs Judgess to analyze alternate methods of justness with fortunes comparatively rationale for all wrongdoer with peculiar attending to the fortunes of Aboriginal wrongdoers ( Rudin, 2005 ) . However the chart below illustrates the surging sum of Aborigines in correctional installations. It is apparent Judgess have non been utilizing alternate methods of justness for Aborigines as the figure remains comparatively high.

Table 1: Aboriginal Overrepresentation in Provincial Correctional Facilities-2001 Col. 1Province/TerritoryCol. 2Aboriginal People as Percentage of General PopulationCol. 3Aboriginal People as Percentage of Provincial Corrections PopulationCol.

4Degree of Overrepresentation( col. 3/col. 2 )Newfoundland and Labrador3.7102.

7Prince Edward Island1.033Nova Scotia1.973.7New Brunswick2.



5775.7Alberta5.3387.2British Columbia4.4214.7Yukon22.9763.


5901.8Nunavut85.2981.2( Statistic Canada, 2001 )


There are no specific surveies that show expressed and direct grounds of correlativity between race and offense. Many are opposed to the thought due to the idea of farther support of the stigmatisation of minorities ( Nelson, 2004 ) .

However, many bookmans such as Scott Wortley believe if statistics showed direct grounds it would be easier to raise preventive methods ( Nelson 2004 ) . The research that has really been conducted is sufficient to suggest solutions for all degrees of the condemnable justness system.All the issues raised within the condemnable justness system have been addressed. Solutions that have been implemented include Racial Equality Implementation Committee to forestall racial favoritism. In add-on, the policy of affirmatory action should be considered in the procedure of naming Judgess ( Judiciary Quarterly, 2007 ) . The foundation of Judicial Appointments Advisory Committee was made for the intent of promoting the diverseness in the bench.

All of the plans created are to purposefully function justness in the tribunals among minority groups. Despite all the racial allegations of racial profiling and favoritism, instances that involve race are frequently non documented in the Supreme Court of Canada or lower tribunals ( Hamalengwa, 2003 ) .Academic bookmans have noted, the Canadian bench has a standardised system with the members. The judiciary system is composed of bulk in-between category, White and male ( Hamalengwa, 2003 ) . Consequently, the deficiency of racial, cultural and gender representation fails to reflect justness within the Canadian society. The critical importance of holding judiciary members come from a diverse multicultural and multiracial background entitles minorities to reflect justness.

Judges would derive a better thought of the motivation of the offense and will extinguish tunnel vision. Tunnel vision will be eliminated by analyzing the apprehension procedure of the constabulary every bit good as the offense committed to acknowledge racial prejudice as it exists.Jury choice should be a cautious procedure as they have a important influence in the result of instances. As proposed antecedently a racially assorted jury would cut down the prejudice in jury determinations. In add-on to racially biasness, a jury selected with different backgrounds to be able to associate to the victims to enable justness to be served. Extra demands for jury procedure choices should include socio-economic factors, age, depending on the relevancy to the instance. Proposed execution effort to extinguish fondness in all instances and would comparatively diminish in mistrials cut downing entreaties.


Therefore, in a state that strives on the publicity and repute of just and equal intervention for everyone, Canada has failed in assorted facets of the condemnable justness system. The recognition of favoritism against race in Canada will non wholly be eliminated, nevertheless the bench and justness system need to revise the executions placed to minimise inequality. These unfairnesss of many victims that have been racially discriminated will frequently raise the issue of members of the condemnable justness system.The cardinal beliefs of social positions in society greatly influence determinations made in tribunals and apprehensions of constabulary. However, farther analysing the root of the job it can be concluded the underlying societal inequality mirror the consequences of the statistical step of minorities in the Canadian condemnable justness system. The broader consequences of inequalities contribute to the susceptibleness of Blacks and Indigenous to take part in condemnable activities.

However, the offense committed is predominately junior-grade offenses, but as a consequence of systemic favoritism minorities from these two racial backgrounds are entitled to a rough penalty.Social disparities taking to condemnable strong beliefs should see the allotment of the resources in footings of instruction, employment and lodging for minority groups who suffer from deprived history. Governments should analyze the distribution of income to socially despaired households to enable members of the minorities to persist and hold the same life chances. Encouragement and forced doggedness of minority members should be promoted to increase the minority members in the judicial system for just and merely tests.


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