Sociology- Social Work Aboriginal Social Work Why does Judge Murray Sinclair note that the legal concept of innocence/guilt is not granted by Aboriginal societies as it is in the Canadian Justice System? In Aboriginal communities, guilt is typically secondary to the main issue: the main concern is that something is erroneous and it has to be corrected. Since...
Sociology- Social Work Aboriginal Social Work Why does Judge Murray Sinclair note that the legal concept of innocence/guilt is not granted by Aboriginal societies as it is in the Canadian Justice System? In Aboriginal communities, guilt is typically secondary to the main issue: the main concern is that something is erroneous and it has to be corrected. Since the main purpose is the reinstatement of accord rather than the imposition of reprimand, the accused is more likely to confess bad behavior.
Judge Sinclair proposes that possibly this explicates why so many Aboriginal people plead guilty when in court. The Canadian criminal justice system is founded on Euro-Canadian principles and, as a consequence, frequently clashes with Aboriginal values. High levels of imprisonment, augmented focus from law enforcement, language hurdles, conflicting values and theoretical frameworks concerning crime and punishment, as well as certain issues faced by youth, all add to the breakdown of the criminal justice system to meet the requirements of Aboriginal people (Family Violence, 1996). 2.
What concerns does Amnesty International have in relation of violence towards Aboriginal women? Amnesty International recognizes that there are a lot of likenesses between Aboriginal women and non-Aboriginal women's occurrences of violence in Canada. Violence against women, and definitely violence against Aboriginal women, is not often comprehended as a human rights issue. To the degree that governments, media and the general public do think concerns regarding violence against women, it is more common for it to be portrayed as a criminal apprehension or a social matter.
It is of course both of those things. But it is in addition very much a human rights matter. Women have the right to be secure and free from aggression. Aboriginal women have the right to be secure and free from aggression. When a woman is beleaguered for violence because of her gender or because of her Aboriginal distinctiveness, her basic rights have been injured.
And when she is not presented a sufficient level of guard by state authorities because or her gender or because of her Aboriginal distinctiveness, those rights have been violated (Stolen Sisters: A Human Rights Response to Discrimination and Violence against Indigenous Women, 2004). 3.
Why are Aboriginal women pushed from reserves and pulled into Metropolitan areas? Aboriginal women are often pushed from reserves and pulled into Metropolitan areas because the male partner's power over the residence becomes challenging if a woman is battered and calls for safeguard in the shape of a restraining order limiting the man's right of entry to the marital home.
The assault charge will be dealt with as a criminal issue, but if she wishes to have sole possession of the marital home, the woman must also open a civil action in another court. If the marital home is on a reserve, the provincial court is not capable to deal with the case because it falls inside federal jurisdiction, yet federal legislation to deal with the issue does not exist (Family Violence, 1996). As a result, women frequently have no choice but to leave the marital home.
Given the scarcity of housing on most reserves, women in these situations.
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