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Difference between revisions of "Aboriginal Law"
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→How does criminal law apply to Aboriginal people?
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==How does criminal law apply to Aboriginal people?== | ==How does criminal law apply to Aboriginal people?== | ||
Canada’s ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html Criminal Code]'' applies to all Aboriginal people. It applies to offences by Indians, both on and off reserve. But the ''Criminal Code'' tells judges to consider all reasonable alternatives to imprisonment, with particular attention to Aboriginal offenders. This is Parliament’s response to the fact that Aboriginal people are overrepresented in Canadian prisons. They may often have experienced disproportionate social issues throughout their lives. Judges must consider what are called Gladue principles when they sentence an Aboriginal offender (named after a 1999 Supreme Court of Canada case). | Canada’s ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html Criminal Code]'' applies to all Aboriginal people. It applies to offences by Indians, both on and off reserve. But the ''Criminal Code'' tells judges to consider all reasonable alternatives to imprisonment, with particular attention to Aboriginal offenders. This is Parliament’s response to the fact that Aboriginal people are overrepresented in Canadian prisons. They may often have experienced disproportionate social issues throughout their lives. Judges must consider what are called ''Gladue'' principles when they sentence an Aboriginal offender (named after a 1999 Supreme Court of Canada case). | ||
Some courthouses have a Native Court worker who can help Aboriginal people understand the court process, find a lawyer, and apply for legal aid. Aboriginal people who are convicted of an offence should ensure that their lawyer knows about their ancestry so they can tell the court before sentencing, normally, in the form of a Gladue Report. Many communities have Aboriginal restorative justice programs. Native Court workers and lawyers should check if these programs can help their clients. | Some courthouses have a Native Court worker who can help Aboriginal people understand the court process, find a lawyer, and apply for legal aid. Aboriginal people who are convicted of an offence should ensure that their lawyer knows about their ancestry so they can tell the court before sentencing, normally, in the form of a Gladue Report. Many communities have Aboriginal restorative justice programs. Native Court workers and lawyers should check if these programs can help their clients. | ||
