CRM 100
Evan Brand
The federal introduction of the Indian Act was the start of many changes that has failed our Indigenous People. Taken away was their governance structure and the imposition of a chief and
council system. Ceremonies were criminalized which effectively criminalized the foundation of the being of the Indigenous. The government introduced the PASS system where ancestors were confined to reserves, government added a section to the act that stopped them from hiring lawyers and couldn’t gather in groups. The RCMP arrested anyone who resisted. I am unsure if there are any other cultures with such imposed restrictions of who you are ‘allowed’ to be. There is a quote in the video “We Will Stand Up” on the not guilty verdict of Stanley, “This acquittal, sends a message that it is open season on Indigenous People. The whole process was stacked against us from the beginning. I don’t know that justice system is the proper term”. This speaks to the lack of critical thinking. 1 In the video of “We Will Stand Up”, there are many examples of how the Colton Boushie and the
Indigenous were failed. Evidence of discrimination was rampant. Concerned about racism in the trial an out of province prosecutor was requested – that was refused. Indigenous people were not part of the jury. Watched were many white people selected and never were they asked did they have Indigenous bias. An Indigenous man was one of the jury members presented and he was quickly vetoed. Balance was lost. This example of racism is a good example of Social Construction of Crime. 2
Indigenous Peoples are more likely to be victimized. Youth are depicted as lazy, drunks, takers and feeling entitled. Often seen as less important than whites. There was lack of attention to the evidence. The truck was left for days as it rained ruining the evidence and making it less compelling. The prosecution was allowed to bring in ‘experts’ providing expertise on ‘hang fire’,
the defense strategy claiming it was an accident. The 40-year-old hang fire example was while shooting gofers. The evidence was presented to the jury for consideration. Critical thinking again
lost.
Finally, the Crown represented Colton Boushie. The representing lawyers had limited experience
and exposure in trying a case as serious as murder. Communication and guidance to the family was almost nonexistent. The family were not allowed to seek indigenous lawyers. The takeaway for me is people need to be respectful and endure the journey of understanding each other. There was a comment in the film, where a young boy asked his grandfather ‘Is there a Cree word for Justice’. The grandfather responded that there is not one word but the closest word is respect. I
t is about being listened to, about fairness and compassion and that you will have been taken seriously. In this case, the balance of listening and fairness was lost at the expense of a young man’s life.
1 - D. Ellis. 2006.
Becoming a Master Student
(11th ed.). New York: Houghton Mifflin Company, p. 218.
2 - “The Social Construction of Crime,”
Oxford
Bibliographies
. http:// www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-
0050.xm
