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There are many reasons for the problems that Aboriginal people have with the justice system.
Repeatedly, for example, we were told that one major problem which contributed to Aboriginal over-representation in the justice system was the socio-economic conditions faced by Aboriginal people throughout the province.
This is so even where Aboriginal peoples reside in communities where courts are readily accessible.
When they do engage the legal system, or become engaged by it, the manner in which their problems are dealt with often is out of tune with their unique position as Aboriginal people.
As a result, they have come to mistrust the Canadian legal system and will avoid it when possible.
Even when they do have to deal with it, we find that they simply minimize their exposure to it.
Serious matters of greatest interest to the community are not even dealt with in the community where the offence occurs.
It is not uncommon for people in Aboriginal communities to be completely uninformed about the fate of accused taken out of the community for prosecution.
We know that without tolerance there can be no justice. Aboriginal people want a judicial system that recognizes the native way of life, our own values and beliefs, and not the white mans way of life.Peace and harmony, the primary goals to which traditional Aboriginal concepts of justice were geared, have not been accommodated easily by an adversarial and adjudicative system.Also, it is clear that while Aboriginal peoples have many of the same legal problems as non-Aboriginal people, and some unique ones as well, they do not turn to the legal system to resolve them.Factors which case law has directed judges to take into account when deciding whether to deny or grant bail, or when considering the question of sentencing, often work against Aboriginal people. Not only is the accused judged by standards inappropriate to his or her community, but judicial dispositions may make little sense to an Aboriginal accused, because what judges take into account in sentencing may not have the same importance to the accused or to the community from which he or she comes.The methods used by the Canadian legal system to resolve conflictsparticularly the adversarial systemare incompatible with traditional Aboriginal culture and methods of conflict resolution.
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Additionally, courts are not always a good forum for the resolution of many of the conflicts involving Aboriginal people and, indeed, can be counter-productive.