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21 Man. L.J. 47 (1991-1992)
The Aboriginal Justice Inquiry of Manitoba: A Fresh Approach to the Problem of Over-representation in the Criminal Justice System

handle is hein.journals/manitob21 and id is 55 raw text is: The Aboriginal Justice Inquiry of Manitoba: A Fresh Approach to the Problem of Over- representation in the Criminal Justice System Luke McNamara* I. INTRODUCTION For Aboriginal people, the essential problem is that the Canadian system of justice is an imposed and foreign system. In order for a society to accept a justice system as part of its life and its community, it must see the system and experience it as being a positive influence working for that society. Aboriginal people do not. - Commissioners A.C. Hamilton & C.M. Sinclair' The first step is to recognise that tinkering won't work, and that what will work is empowerment. Until the justice system can accommodate the reality of our self- determination, it can hardly begin to deal with over-representation of natives in prisons, the lack of native jury members or judges, discrimination in policing or corrections. - Christopher McCormick, Native Council of Canada2 We need the support of all Manitobans for the recognition and establishment of ... Indian tribal courts in Manitoba as one of the basic units of Indian government and one of the practical measures for Indian self-determination. - Ovide Mercredi, Assembly of First Nations' The aim of this paper is to summarise and discuss several major developments in the field of Aboriginal justice4 which have taken B.A., L.L.B. (UNSW); LL.M. candidate, Faculty of Law, University of Manitoba. 'Public Inquiry into the Administration of Justice and Aboriginal People, Report of the Aboriginal Justice Inquiry of Manitoba. Volume 1: The Justice System and Aboriginal People (Winnipeg- The Inquiry, 1991) at 252. 2 Ibid. at 258. 3 Ibid. at 257. 4 The term Aboriginal justice is often used in relation to the whole range of issues of which Aboriginal people are seeking resolution, including land claims, self- government and socio-economic concerns. It is used in the context of this paper to refer more specifically to the particular question of the impact of the criminal justice system on Aboriginal people, and the remedies which are sought in response to this

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