Chapter 11: Perpetuating Social Injustice

MULTIPLE CHOICE

1. Section 3(1)(b) of the Youth Criminal Justice Act recognizes that young offenders, as youth, are more dependent than adults and less mature. According to the text, this principle implicitly acknowledges which of the following?

1. Justice would be served only if youth were held accountable in meaningful ways.
2. Justice would not be served if youth in the juvenile justice system received the same justice as adults.
3. Youth in trouble with the law have the right to expect treatment programs from the justice system.
4. Justice would not be served if youth were transferred to adult facilities once they turn 18 years old.

2. Which of the following was identified as a problem in the early 1990s by a Manitoba Aboriginal Justice inquiry and is still an ongoing issue today?

a. overuse of custody for Aboriginal youth

b. discriminatory treatment of Aboriginal youth by correctional staff

c. detention of Aboriginal youth separately from adults in remote locations

d. high rates of alcohol and substance abuse among incarcerated Aboriginal youth

3. According to Nuffield (2003), which of the following has been cited as a reason for the overuse of incarceration among Aboriginal youth?

a. miscarriages of justice

b. increase in violent offences committed by Aboriginal youth

c. no alternative sanctions available

d. lack of facilities and programming in Aboriginal communities

4. Which of the following was the outcome of the Supreme Court’s decision in R. v. Gladue?

a. It established once and for all that to treat Aboriginal and non-Aboriginal offenders differently is to discriminate.

b. It established that to treat Aboriginal offenders fairly, it is necessary to take into account their difference from non-Aboriginal offenders.

c. It established that to take into account the unique circumstances surrounding Aboriginal and non-Aboriginal offenders is to be unfair to non-Aboriginal people.

d. It established that Aboriginal offenders should not be treated any differently under the law than non-Aboriginal offenders.

5. Which of the following was NOT discussed in the text as one of the four aspects of Aboriginal cultural difference that is of significance in justice administration and correctional programming?

1. an emphasis on healing and reconciliation rather than on punishment
2. a principle of not burdening others with one’s problems
3. a focus on peacemaking rather than on retribution
4. an orientation to the present and future rather than to the past

6. Which of the following aspects of Aboriginal culture is suggestive of why therapy and counselling may not be suitable for many Aboriginal offenders?

a. Native spirituality

b. not wanting to burden others

c. emphasis on healing and reconciliation

d. focus on the collective rather than the individual

7. How is “crime” understood/viewed in Aboriginal communities?

1. the result of flawed person
2. something that is inherently bad
3. a sickness
4. the result of family dysfunction

8. What is the definition of the term “justice reinvestment,” which was used by McGinness, McDermott, and Murphy (2010)?

1. policies that redirect funds currently spent on policing to social programs
2. policies that redirect funds currently spent on incarceration to prevention and community initiatives
3. policies that redirect funds from the justice system to community and educational programs
4. policies that redirect funds from social programs to the youth justice system

9. Which one of the following was stated was by the Federal-Provincial-Territorial Task Force on Youth Justice?

a. Girls’ small numbers do not warrant specialized facilities and programming.

b. Gender-neutral programs are designed to meet the needs of both boys and girls.

c. Girls’ offences are similar to boys’ offences and they should be treated the same.

d. Alternative programs and services for girls are practical from a cost benefit basis.

10. According to the text, which group often expresses paternalistic decision-making when it comes to female offenders?

a. lawyers

b. police officers

c. youth workers

d. probation officers

11. According to the text, which of the following is considered one of the most important programming needs for girls involved with the justice system?

a. family therapy

b. substance abuse counselling

c. anger management training

d. financial and independence training

12. Which term refers to programs based on a feminist model of empowerment rather than crime-prevention risk-assessment tools?

1. gender-responsive programming
2. culturally-sensitive programming
3. gender-specific programming
4. offence-specific programming

SHORT ANSWER

1. Explain the three principles that were common among various alternative justice initiatives that took place in the 1990s in many Aboriginal communities.

• The principle of holistic understanding, which is based on the belief that all things are connected. It makes no sense to focus only on a criminal act and adjudge an appropriate response to this act; healing must focus on the individual, not the act.
• Inclusive decision making is based on the belief that everyone (not just the victim and offender) has a right and obligation to voice their views on the matter. Consensus must be reached by all decision-makers.
• Crime as a sickness is the view that crime is not something inherently “bad” but rather is more like a sickness that needs to be healed. The individual is viewed as being separate from the illness. Discussions and decisions are not about punishment in proportion to the offence but rather are about how the sickness can be cured.

REF: 387-388

1. Discuss the reasons that programming for girls needs to reflect recognition that many female offenders have been victims of abuse at the hands of those in positions of trust.

• Most girls “in trouble” and “in the system” have lived lives of violence and abuse.
• Programming has failed to recognize that physical and sexual abuse is a central issue in their lives. The effectiveness of any programming, especially that which stresses economic independence, may depend on programs that address abuse issues.
• Foster care is supposed to be a means of getting children out of unsafe homes, but all too often, children have been abused and/or neglected in these placements.
• Many family therapy and counselling models are based on the notion that keeping families intact is all-important. This view is especially problematic with respect to girls who have been physically and sexually abused by family members.

REF: 403-404

ESSAY QUESTIONS

1. Discuss some of the ways the youth criminal justice system has failed to meet the needs of Aboriginal youth. What are some of ways in which the justice system can respond to the unique circumstances of Aboriginal youth?

• Overuse of custody takes three forms: Aboriginal youth are disproportionately sentenced to custody or held in remand, their custody sentences are longer, and they are disproportionately held in secure custody.
• High rates of pretrial detention are due in part to the following criteria used by judges when deciding whether to grant bail: whether the youth has a job or is going to school, has family stability, and has parents or guardians who are employed. All of these factors are directly linked to the economic and social marginality of Aboriginal peoples in Canadian society.
• A lack of young offender facilities and programs in Aboriginal communities has also been cited as a reason for the overuse of custody. Generally smaller rural and isolated communities do not have the resources for community options to custody.
• Aboriginal youth are often sent from their communities to serve custody sentences, so successful community reintegration is undermined due to a lack of aftercare programs in their home communities.
• At the core of the correctional system’s failure with respect to the treatment of many Aboriginal youth is a justice system whose philosophies and practices serve as a reflection of the wider Eurocentric society. Central to Canadian thinking about what is fair and just is the liberal notion of equality—the belief that everyone should be treated equally and that to do otherwise is to discriminate.
• Canadian laws, social policy, and practices fail to recognize fundamental cultural differences that separate Aboriginal young offenders from the principles that form the basis of Canada’s justice system.
• Four aspects of Aboriginal cultural difference are of significance in justice administration and correctional programming: a principle of not burdening others with one’s problems, an orientation to the present and future rather than to the past, a focus on the collective rather than the individual, and an emphasis on healing and reconciliation, rather than on punishment.

Ways to respond to the unique needs of Aboriginal youth

• Cultural rediscovery programs are intended to reconnect Aboriginal youth with the land and their cultural roots. These programs usually involve the teaching of traditional skills, dances, legends, and songs, as well as the provision of environmental education.
• Mentoring has shown some success as a programming style for Aboriginal youth, both in institutions and in the community. These programs involve assembling volunteers to work as mentors and role models on a one-to-one relationship basis with youth.
• There are many approaches to community involvement in healing processes. For example, at the Sandy Bay Reserve in Manitoba, a panel of elders from the community works with a judge or justice of the peace to determine an appropriate sentence for the offender.

REF: 382-393

1. Discuss some of the ways the youth criminal justice system has failed to meet the needs of girls. What are some of ways in which the justice system can respond to the unique circumstances of female youth?

• Injustices are perpetuated on girls in Canadian society through criminalization for their poverty and attempts to resist violence in the home and survival on the street.
• Girls are considered “too few to count” to warrant facilities and programs that are appropriate. Not only are girls “too few to count” to warrant their own facilities and programming, but they are too few to count even in the women’s system.
• The tendency to use custody as a response to non-criminal behaviour is generally understood to stem from a paternalistic desire to protect girls for “their own good.”
• It is now recognized that one of the most important programming needs for girls is to receive the skills training necessary for economic survival and independence.
• Programming for girls needs to reflect a recognition that many young female offenders have been victims of abuse at the hands of those in positions of trust: parents, friends, neighbours, and boyfriends.
• Programs need to reflect the unique needs of not only women but also Aboriginal and black young women in the justice system.

Ways to respond to the unique needs of girls

• Gender-responsive programming needs to be implemented that is based on a feminist model of empowerment rather than crime-prevention risk assessment tools, and which focuses on oppressive societal structures and the needs of girls rather than individual criminogenic factors.
• Alternative prison models/designs need to be considered for girls to address their unique needs. It is not sufficient to take a boys’ institution and “paint it pink.”
• Mentoring programs are something to which youth, especially girls, respond, particularly when the programs involve matching youth with volunteers who are seen by the youth as “someone who cares” rather than “someone who is paid to do a job.”
• Gender-sensitivity training needs to be developed and taught to institutional staff and youth workers.

REF: 394-411