This critical assessment of the Canada's justice system it is important
It's a common belief that western nations believe that their own justice system is blind, and that all people are equal before the eyes of the law. Whether or not that's true is an entirely different scenario. Canadians take pride in our open mind approach to and acceptance of all cultures, multiculturalism is what makes this Canada so unique and great. A closer in depth analysis into Canada's justice system will show that their acceptance of all cultures did not leak through to the confinements of its courts. Why it is that one race or class is more likely to be an inmate? From a racial standpoint, is it in the genetics or the way that they are raised that inevitably lands them the hands of the judicial system or are there other factors that contribute to one race having a high number of criminals. Another form of possible discrimination that's quite evident through out the legal system is that of class segregation. The poor are far more frequent in jail then the middle and upper class, but is it just a coincidence? Or are they being targeted by middle class police officers, lawyers, and judges? Through out this critical assessment of the Canada's justice system it is important first to identify the poor, then to identify the criminals, and conclude if there is any direct relationship between the two categories, then a judgment can be made on the discriminations (if any) on Canada's justice system.
Class segregation is no secret, every country has it even if some are more unspoken then others. In capitalist societies there is a minority that controls the majority of wealth and property; therefore it's inevitable that a gap between the poor and the rich exists and that a portion of the population may live under the poverty line. The poverish live in areas together, and typically these areas are considered to be rough neighborhoods, full of crime, drugs and violence. In prison the poor are highly represented, this for the most part has been blamed to their lack of economic wealth. (Reiman, 1979 p.96) This then becomes a question of which came first, the chicken or the egg? In other words, did the life of poverty force them to create the crime, or is the high crime rate responsible for their poverty? It can be looked at from either side, firstly poverty causes many to sell drugs or somehow raise funds through illegal means. On the other hand, a life of drugs, violence and lack of education can prevent any group/race of people to stay economically disadvantaged, with no pathway available to lead them to a more economically stable lifestyle.
It is common knowledge that crime is more recurrent in poor areas than in nice middle class suburbs; however it's not as simple as how rich the area is the less frequent crimes happen, there's far more involved. Firstly if areas are considered to be rough, there will be more policing in that specific area. More police means a larger chance of getting caught for a criminal offence and which lead to more arrests. Another aspect which must not be overlooked is that those living under the poverty line lack the funds to hire a decent attorney or ...
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It is common knowledge that crime is more recurrent in poor areas than in nice middle class suburbs; however it's not as simple as how rich the area is the less frequent crimes happen, there's far more involved. Firstly if areas are considered to be rough, there will be more policing in that specific area. More police means a larger chance of getting caught for a criminal offence and which lead to more arrests. Another aspect which must not be overlooked is that those living under the poverty line lack the funds to hire a decent attorney or any attorney for that matter. They then lack the ability to defend themselves properly in a court of law, which would sum up to more convictions and higher sentencing. Achieving equality in the justice system between classes is near impossible. For example, a man on welfare and a doctor both commit the crime of trafficking illicit street drugs. The poor man has no money and was selling drugs as income; he has no lawyer and must be represented by the lawyer that the courts supply to him. On the other hand, the doctor has a very well known lawyer who he hires for a large lump sum to represent him in court. In this circumstance it's very clear that the man with the money has a better chance of having his charges dropped then the poor man with no money.
Now that it has been established that crime goes hand in hand with poverty, next those who are poor in Canada must be identified. Canadians take pride in being a multi-cultural nation, but are all races truly equal in the justice system? In Canada Black people (African, Black, Caribbean) represent 3% of the total population, however they represent 15% of the jail population.(Galabuzi, 2001 p.77) Through the media Black people have gained a very stereotypical view that they are considered criminals. (Galabuzi, 2001 p.87) The black population in Canada has a relatively low income rate and high percentage of people under the poverty line when compared to white people living in Canada (European decent)(Galabuzi, 2001 p.77) Its safe to assume that black people are more represented in jail due to the fact that they have one of the highest percentage of people living in poor conditions than any other race in Canada. This then raises the question of racism, and if it plays a part in black people's high jail rates, or is just the fact that they are more frequently poor, and the poor are more frequently criminals. As members of a first world nation, it an important belief that all are treated equally and that racism was a thing of the past but has been cleared up today. That's a very naive viewpoint, although race relations with in Canada and the United States have improved drastically, racism is a personal viewpoint and the nation cannot control what each individual within its boarders, believe. Therefore racism still exists, and although it is unlikely that it can be blamed for the all of the arrests made to the race it can't be ruled out completely. Studies show that officers stop five times as many black people as do whites during stops based on suspicion. (Delgado, 2001 p. This can easily be seen racist cops targeting black males because they have been stereotyped as criminals, however if it's a rough area and there are predominantly black people there, it's foreseeable that the majority of people being pulled over are going to be black. To sum all this up, an academic assessment of these studies would show that its not racism at hand, rather more cops in poorer areas therefore which ever race is present within those poor areas may be pulled over, targeted or arrested more frequently.
There is information that poses a problem to and discredits the above analysis of class segregation and racism within our justice system. Middle eastern peoples ( paki, ) living in Canada have a significantly lower income level then that of black people in Canada(S). So how can it be explained that that they are not represented as heavily in jail as black people are? Well a closer look at the difference of income levels will show that black people have a 31% higher average income level then that of those with Middle Eastern heritage. However there is a definite gap between the two cultures in respect to living below the low income cut off. (S) Black people have 45% of their population living under that line; while as Middle easterners only have 35% of their population living under that poverty line. (S) Since there are more black people then middle easterners in Canada, that 10% difference adds up to a substantial amount of people living below the poverty line. (S) This most definitely can be the direct reason as to the difference in jail numbers between the two races and it certainly beats the alternative conclusion which would suggest that black people as a whole are a more violent and therefore more criminal race. That of course that glorified stereotypical view couldn't be further from the truth, and would have no scientific or sociological support to it.
In a country that is not multicultural, and has a predominant race and culture of people, it's a lot easier to make rules and laws that are unbiased and unfair. However in a multicultural nation it's near impossible to create laws and regulations that do not discriminate on any particular culture and/or background of people. "Legal institutions and law are not and cannot be culturally neutral. This of necessity means that law will weigh more heavily on those people whose cultural norms most sharply diverge from those of the laws and institutions under whose authority they must live."(S) As multi cultural as Canada is the most dominant faces in respect to law making is white males of European decent. Therefore as the authority figures, there cultural norms that they were raised upon will leak through to the laws and regulations that they create while they are in any sort of political power. As a result it then discriminates against other cultures that do not have power and authority to make or enforce laws, and although the ones in power aren't deliberately discriminating anyone, the fact of the matter is that they are.
Class segregation in Canada continues to be an issue, and therefore there is no resolution to economic turmoil being the biggest factor for commit a crime. However it does not stop there, it's a vicious cycle that is very hard to break. Meaning that incarcerating criminals that are poor is not doing them any good, especially since they are amongst criminals, jail life is not an ideal place or circumstance in which to turn ones life in the right direction. Thus, the criminal comes out and is more knowledgeable of street crimes, and more likely to commit another offence. Therefore incarceration only keeps the poor segregated, and on an unleveled playing field so that they are unable to take a step up the economic latter. This creates a cycle where criminals commit crimes, then are sentenced to jail time, and then upon release go straight back to a life of crime.(S) The focus should be on rehabilitated the criminals, educating them, training them and giving them an economic option rather than a life of danger and crime. The focus should be to help them and to change things rather then to punish them and make things worse.
Although the studies mention leaned towards the realization that our institutions and authority figures may be racist towards black people, however it's in the best academic judgment to see through the race and culture and to focus on the economic discrimination. Due to the fact that black people have a lower income level then white people in Canada that can be directly aligned with why there is a higher rate of black people in jail. Extreme poverty magnetizes criminal activity, therefore regardless of race or culture, any human being living in those conditions is more likely to commit an offence, and less likely to be acquitted due to lack of funds for proper representation. They are then stuck in a struggle in which they need to achieve economic wealth, but don't have the money for the top schools therefore lack the education, and they can't get a good job because no one will give them a chance, therefore lack of experience. It then becomes a cycle where the poor stay poor and continue to get poorer, while as the rich continue to thrive and get richer. With race aside, the battle truly becomes the rich against the poor, a true capitalist society in which the poor are in fact the majority however are forced into lives of crime while the minority of rich life in safe areas, and live a rather lavish lifestyle. However this is what Canada is, and what it will continue to be the land where the rich get richer, and the poor get prison. (S)
