Room 611: Friday, February 24. 2023

Today's schedule is ABCD

A Block Legal Studies - We'll be off to the Learning Commons/Library today to answer the question, "Should Aboriginal Peoples have their own system of Justice?" Use the explanation, the decision in R. v. Glaude, the links, and video below to help you. Consider both sides of the issue (pros and cons) and consider this as well, "Should healing and Sentencing Circles be considered for non-Indigenous people as well?"

At a basic level of understanding, the concept of justice is understood differently by Indigenous peoples. For most Indigenous peoples, the traditional method of addressing wrongs committed against community members involved restoring or healing relationships rather than punishing the offender. The offender and victim(s) would discuss the harm caused by the offense. The offender would be expected to understand the consequences and take responsibility for the harm, and together, they would discuss appropriate ways to make amends.

Justice is not seen as a separate domain from community life that needs to be overseen and administered by experts (such as police, lawyers, judges. etc.), rather it must be integrated into daily living. Most disputes should be resolved in the community, among the families of those affected, and guided by elders.

The roots of restorative justice models stem from traditional Indigenous methods of conflict resolution which rely on community involvement and the implementation of holistic solutions Restorative justice focuses on holding the offender accountable in a meaningful way, rather than simply imposing punishment.

From Bringing Balance to the Scales of Justice

Websites to help your discussion:

Healing the Canadian justice system
Why does the Canadian justice system treat aboriginal people as if they’re all the same?
UBC Indigenous Foundations Aboriginal Rights
Overrepresentation of Indigenous Peoples in B.C. corrections system rising, says Statistics Canada report
Indigenous Justice Strategy Programs Province of BC

Bringing Balance to the Scales of Justice

Aboriginal Concepts of Justice

Aboriginal Justice Systems

Aboriginal Restorative Justice Remedies

The Justice System and Aboriginal People

In R. v. Gladue (1999), the Supreme Court of Canada's decision considered a sentencing principle outlined in paragraph 718.2(e) of the Criminal Code. In section 718.2(e) of the Criminal Code, Parliament requires judges to consider all available sentences other than imprisonment that are reasonable in the circumstances and consistent with the harm done, for all offenders, and says judges must pay particular attention to the circumstances of Aboriginal offenders.

If you identify as Indigenous and are charged with a crime, a judge must apply Gladue principles when you're in a criminal court. Gladue principles are a way for the judge to consider the unique circumstances (experiences) of Indigenous peoples. These unique circumstances include the challenges of colonization an Indigenous person, their family, and community faced and resisted as Indigenous people, and continue to affect them today. These challenges include racism, loss of language, removal from land, Indian residential schools, and foster care. These challenges are called Gladue factors.

From Aboriginal Legal Aid in BC

If you identify as Aboriginal and you plead guilty to a crime, you might be able to have your bail or sentencing hearing in one of BC's First Nations/Indigenous Courts. You might be brought into a First Nations/Indigenous Court by referral from a judge, defense lawyer, or Crown lawyer. Or you can request to go to First Nations/Indigenous Court. It’s your choice to have your matter heard in First Nations/Indigenous Court.

First Nations/Indigenous Courts are criminal sentencing courts that use restorative justice and traditional ways to reach balance and healing. BC's First Nations/Indigenous Courts are often called Gladue courts.

First Nations/Indigenous Courts focus on balancing rehabilitation, accountability, and healing. The judge, your lawyer, Crown counsel, Elders and your community, and your family work with you to create a healing plan to help restore your mental, physical, spiritual, and emotional health.

You might still be sentenced to jail. If you're sentenced to jail, the judge must still consider your unique circumstances in their decision.

So, Glaude services have been transferred to BC First Nations Justice Council which also provides Indigenous Justice Centres in British Columbia

And also to help with the questions from the All About Law text

On June 21st, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent and came into force. This Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the Declaration based on lasting reconciliation, healing, and cooperative relations. The Act upholds Aboriginal and treaty rights protected by section 35 of the Constitution Act, 1982, and doesn't lessen them in any way

Article 3 states:

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4 states:

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5 states:

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 8 states:

Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
States shall provide effective mechanisms for prevention of, and redress for:

Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
Any form of forced assimilation or integration;
Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 26 states:

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

Article 37 states:

Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

UNDRIP

Unravelling B.C.’s landmark legislation on Indigenous rights

Two years after B.C. passed its landmark Indigenous Rights act, has anything changed?

B Block Criminology - Today we will focus on the roots of violent crime. So what is violence? The World Health Organization defines it as

“The intentional use of physical force or power, threatened or actual, against oneself, another person, or a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, mal development or deprivation.”

Now we know what crime is, so violent crime would be an act of force or power against a person or a group which results in injury, death or harm that society sees as repugnant and codifies as illegal behaviour. Okay so why does it happen? Time magazine asked that in 1993

It's tempting to make excuses for violence. The mugger came from a broken home and was trying to lift himself out of poverty. The wife beater was himself abused as a child. The juvenile murderer was exposed to Motley Crue records and Terminator movies. But do environmental factors wholly account for the seven-year-old child who tortures frogs? The teenager who knifes a teacher? The employee who slaughters workmates with an AK-47? Can society's ills really be responsible for all the savagery that is sweeping America? Or could some people be predisposed to violence by their genes?

Today we grapple with those questions. Where does violence and violent crime come from? We'll look at personal traits, ineffective families, evolutionary factors, exposure to violence, cultural values, substance abuse, and firearm availability to see if they are factors that lead to violent crime in Canada.

Now I know it's about War but this Crash Course asks whether humanity is naturally war like (aka Violent)

C Block Human Geography - Today and Monday we've got a cart of notebooks for us to do an activity looking at the 2022 World Population Data (using both the PRB Interactive Map and the pdf data sheet) to see current trends and numbers in world population. You have a series of questions to answer in your Population and Development workbook and you may work with other people to accomplish this task if you'd like.

For the last question you'll need to choose one of the following demographic variables using the World Population Data Sheet and create a choropleth map showing the distribution of that indicator on a world outline map. The PRB World Population Data map is an example of a Choropleth Map. Use it to help you create yours, just select the indicator you wish to create and it will make a choropleth map that you can recreate.

Infant Mortality
Birth Rate
Death Rate
Total Fertility Rate
Life Expectancy

The instructions are in the Population and Development package but feel free to ask me in class today. Good luck!

D Block Physical Geography - Today we will focus on sedimentary and metamorphic rocks.