LAWS 3306 Lecture Notes - Lecture 10: Donald Marshall, Jr., Public Inquiry, Miscarriage
8 Dec 2018
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Dp & aboriginal people: responding to individual cases of abuse & discrimination, aboriginals are overrepresented in prison population, even in the charter era, suggests dp not consistent w increase in cc, dp legitimized & provoked cc. Inquiry held criticized decision: even when court of appeal convicted him, stated his evidence would hardly be believable. 1: forgot about the presumption of innocence & acted in an overzealous manner. & distance issues for potential aboriginal jury members. 2: harper was part of a larger pattern of over-policing aboriginal people. Inquiry noted complaints focused on perception that aboriginal people are singled out for enforcement actions & subject to stereotype: found 26% of males were arrested & 70% of females were arrested compared to being 3% of the population. Inquiry endorsed community policing, which adopted more aboriginal-standard to address issues of over-policing: but placing more police in direct contact w aboriginal persons will only continue to contribute to their overrepresentation in the cjs.
