Legal systems and cultures are intertwined in such a way that allows them to influence one another. While most Western countries focus on top-down approaches that result in changing culture and behavior, others have concentrated their efforts to make the law reflect the culture and values of the people. In the past, when common law heavily influenced tribal courts, tribe members worked towards the preservation of traditions. Now in the modern age, tribes are working to conserve the unity of their people by using programs that center on tradition to bring forth a community. One tribe that has adopted such a program enhanced aboriginal’s Cody Kimewon understanding of his identity through a culture as cause, law as effect approach. Had he not …show more content…
Rather than focusing on instilling a law that would change the behavior of people, i.e. sentencing youth to jail in hopes of them changing their law-breaking ways, the tribal system used their culture as the basis for instilling change and created a program that reflected their indigenous values. Cody’s connection to his tribe grew and although not raised knowing what a native was, knowing he was one and having a support group to teach him was a driving force towards succeeding in the program. Indigenous legal systems have been known for their unconventional ways of dealing with offenders that do not seek to gain compensation for any wrongdoing. If Cody would have been left to the process of the Canadian justice system, there would not have been any remorse from his part, he would wallow in his punishment. However, the traditional tribal way is to work with the offender because crimes can be explained through the tribe’s cultural norms. This process had a positive effect on Cody, even though he slipped from the program several times, he was still accepted back and continued to educate himself on his cultures and gain a deeper purpose. Apaches claim the “desire to reintegrate the individual back into tribal society” and that is exactly what was done with …show more content…
Cody was aware of his roots and although raised by white foster parents, he used the program to gradually interact with his culture and “live according to indigenous values.” The tribal program was not imposing itself on his culture, rather it used Cody’s lack of aboriginal culture to find a unique way to teach tradition and law. This program was effective on Cody because his tribe found a way that allowed them to resolve the problem of one of their own without relying on the Canadian justice system (Vicenti, 137). The connection between the two, although not strong at first, was instrumental in the accomplishment of diverging Cody from a life of crime. Similarly to tribal court practices, the alternative justice program depends on people’s ability to associate themselves to the values promoted (Joh,122). If a non-aboriginal youth tried to integrate himself into the program it would have no substance because the program would work as a law as cause, culture as effect approach. They would not be culturally connected to the aboriginal group, the powwows would be interesting, but nothing within would resonate with
We can therefore deem that the Indian Act was specifically put in place to discriminate against the Aboriginal people of Canada. Although the Canadian government has tried to change the Indian Act and has been amended several times since its’ creation in 1876 it still continues to have significant effect on Aboriginal people in
In his essay “To be Indian in Canada today”, Richard Wagamese relies on logos to explain the struggles and obstacles that come with the Federal Court’s decision to recognize Metis and non-status Indians in Canada as “Indians” under the Constitution Act. He then begs the question, “what does it mean to be Indian in Canada today?”(Wagameses). Being First Nations himself, Richard Wagamese knows firsthand all barriers that come with being Indigenous in Canada today. While using logos Richard Wagamese implements many different statistics and percentages in his essay to show the hurdles that Indigenous people face: “To be Indian in Canada today is to see youth languish in chronic unemployment and malaise, endure high rates of alcohol, drug and solvent
Although those who participate in the program do reduce their engagement in crime, however it does not reduce incentive to affect crime before it happens initially. It is also difficult to identify whether or not Kimewon would’ve engaged in more crime or not, due to the fact that he incurred 59 charges after the fact of being put into the program. If a non-aboriginal youth were to enter the program, it would be of no use to that individual. An alternative to this Aboriginal Justice Strategy would have to be put in place for there to be an equivalent due to the tribalistic nature of the
Simpson’s book tells the story of the Mohawks and their story of survivance amid the radical transformation brought about by settler colonialism. Her book discusses their struggle, fighting to keep their right to sovereignty as a Nation, separate from the US and Canada. Simpson illustrates the lives of the Mohawks in their reservation, and shows that they are more than the ironworkers that have come to be the stereotype for the Mohawk people. She argues that the Mohawks’ ongoing struggle proves that Settler Colonialism continues to exist, and continues to fail to eliminate and assimilate Indigenous people. Simpson begins by addressing the “question of membership,” that is, the criteria for political membership and formal recognition within
During this time, family members emphasized that understanding and honoring individuals whose lives were cruelly cut short necessitates a detailed accounting of all the ties that molded their loved one's life and that their loved one, in turn, shaped. Throughout the process, public community hearings were held, private statements were collected, expert panels were formed, and written archive records and existing studies on the problem were reviewed. This process aims to find the truth by gathering many stories from many people to have the truths woven together to show the world what violence really looks like for Indigenous women and girls in Canada. The National Inquiry reached out to put families first throughout the process rather than others who hold power, as well as being informed about the trauma encountered and making sure there is no further harm, and decolonizing where in they center Indigenous ways of being, knowing, and doing. The idea of cultural safety emerged from this process as a foundational principle of wellness.
Background: The case focuses on an appeal formed by the decision of the Criminal Injuries Compensation Board based on the applicant Frank Desmoulin. Desmoulin is an aboriginal man who resided in St. Joseph’s Training School in Alfred for a duration of 11 months from 1965-1966, where he endured physical and mental abuse. Desmoulin had been severely beaten on several occasions, forced to kneel all day, handcuffed while forced to face the wall, and was a victim of countless other abusive treatment while attending St. Joseph’s Training School. Following up into his adult years, Desmoulin has had multiple run ins with the law, forming a lengthy criminal record.
In the past weeks, I have done research on Navajo Rosetta Stone and its impact on the society around me. I am from the Navajo Nation so I decided to research the language tool because I do see it in my community and I see how it helps families reconnect through the language that helped the United States with World War II. This report contains a brief history of the Navajo people being stripped away from the language at young ages and being asked to speak it again to win the war through Navajo Code Talkers.
Thirdly, discriminatory behaviour by surrounding communities and the effects it has on First Nation children. There are many voices in this world that appreciate being heard upon their opinions, but some individuals use their voices as weapons to bring down other people. In Richard Wagamese’s Indian Horse, the audience in a hockey game perceive a hockey team full of Indigenous peoples as a source of negative energy for the game in general, and that can be interpreted as racial discrimination. “As we skated onto the ice for our game against the North Bay Nuggets, the crowd booed us. When our line us was introduced, they knew exactly where to direct their energy” (Wagamese
3. The gradual development of a new administrative and practical definition of ‘Aboriginality’. This definition was based on community and self-identification, not just a person’s DNA or
Throughout the course of American history, Native American women have repeatedly become primary targets of sexual violence from non-native men. Around one in three Native American women has been raped or had undergone attempted rape, which makes them the largest race to experience sexual abuse than any other race in the United States. Before any contact was established between the Natives and the European settlers, the Native population had thrived off the land and they had their own criminal justice systems, which was meant to help all Native citizens find justice (Griffith, 5). Unfortunately, their efficient way of life would soon be interrupted forever following the arrival of white setters upon their lands.
Indigenous peoples of Canada have been considered inferior to all other citizens, and have been abused and neglected through European history, and can be seen as a form of genocide. In Canadian residential schools, children were removed from the home, sexually assaulted, beaten, deprived of basic human necessities, and over 3 500 women and girls were sterilized, and this went on well into the 1980 's (Nicoll 2015). The dehumanization of Indigenous peoples over the generations has left a significant impact on society today; the generational trauma has left many Indigenous peoples heavily dependent of drugs and alcohol, and the vulnerability of Indigenous women has led to extremely high rates of violent crime towards these women. A report that
The Oglala Lakota Indians felt their rights and values from government treaties were not being abided by, and they believed their condition could be positively altered. While there were many shoot-outs during this incident, it all came to an end after the second death of an Oglala Lakota tribe member. The lack of human rights and government support lead to the violent reaction of some Oglala Lakota members, a great example of how a social problem can lead to violence. The conflict perspective views violence as a tool to enhance or protect one’s own interest.
The video by Tasha Hubbard titled “Canadians have been breaking their promises to Indigenous people” displays the multitude of ways in which Canada and its government have failed to fulfill the promises it made to the Indigenous people. These promises that were made almost a century ago before 1945 are yet to be satisfied. In this video, the speaker, Tasha Hubbard details the historical and currently ongoing impact of settler colonialism and the Indian Act on the Indigenous peoples of Canada. In this essay, I will be deconstructing the Indian Act and its role in perpetuating the wrongful treatment of Canada’s original inhibitors.
The summer before eleventh grade, I was given the opportunity to travel to Tsawout, a First Nations reserve situated in Vancouver Island for a week on a short-term missions trip. While assisting to run a camp for the children in the reserve, I was exposed to the mental and emotional burden for those whom had experienced, and were victims of residential schools. Many of the Tsawout Elders witnessed the death of their culture and the brutality these schools wrought on those impacted: families and survivors. The Elders expressed their outrage and past struggles with passion, laying bare their innermost thoughts and ordeals. They challenged me to open my eyes to beyond the reaches of my comfort zone.
Critical Summary #3: First Nations Perspectives In Chapter eight of Byron Williston’s Environmental Ethics for Canadians First Nation’s perspectives are explored. The case study titled “Language, Land and the Residential Schools” begins by speaking of a public apology from former Canadian Prime Minister Stephen Harper. He apologizes for the treatment of “Indians” in “Indian Residential Schools”. He highlights the initial agenda of these schools as he says that the “school system [was] to remove and isolate [Aboriginal] children from the influence of their homes, families, traditions and cultures, and to assimilate them[…]” (Williston 244).