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Native People in the Administration of Justice in the Provincial Courts of Alberta

NCJ Number
81890
Date Published
1978
Length
100 pages
Annotation
Native people's involvement in the law enforcement, court, and correctional systems of Alberta (Canada) are examined, and recommendations for improving services to Natives are presented.
Abstract
In this report, the term Native refers to treaty Indians, nonstatus Indians, and Metis. There were about 35,000 treaty Indians in Alberta at the end of 1977, most of whom reside on reserves occupied by 40 bands. There are about 60,000 Metis in Alberta, most of whom reside in the northern part of the Province. Some criticisms of police handling of Natives are the stopping and searching of Indians without giving reasons; discriminatory treatment to Natives after arrest, particularly by young officers; pressure by the police to give statements after arrests without giving the arrestee an opportunity to consult with a courtworker involved with the Native counseling service; and the reluctance of the police to answer calls from Indian reserves. In encountering the court system, Natives have little understanding of their legal rights, court procedures, or resources such as legal aid. It appears that most Natives enter guilty pleas either because they do not understand the concept of legal guilt and innocence or they are fearful of exercising their rights. As of March 31, 1976, the percentage of sentenced Native inmates at each Alberta correctional institution varied from 58.6 percent at one institution to 17.6 percent at another institution. Principal reasons for the prevalence of crime among Natives are alcohol abuse, poor education, no occupational skill, and poor adaptation to the non-Native culture. Recommendations offered are intended to develop more sensitive recognition of the customs and language of Natives in the provincial justice system. Tabular data are appended.