How The Balance Scales Of The Canadian Criminal Justice System

The Canadian criminal justice system is often represented by the balanced scales of justice. These scales symbolize the need for the law to be viewed objectively in order to ensure a fair determination of innocence. The criminal justice system incorporates the values of the scales of justice in an effort to control crime and impose proper penalties on those who violate the law in society (Griffiths, 2011). However, despite justice being supposedly impartial, there is an overwhelming representation of Aboriginal people in all stages of the criminal justice process, from the charging of the individuals in court to their sentence in prison (Pfefferle, 2008). This is a clear indication that the criminal justice system is not adequately representing
I realize that Gladue’s historical background may have significantly influenced her decision to commit the crime. However, regardless of her Aboriginal ancestry, the fact that she committed murder is important enough to warrant the original sentence she received. As such, I disagree with the dissenting opinion of Rowles J.A. that Gladue should have received a reduced sentence in light of the principles of deterrence and denunciation (Gladue, at para. 21). As mentioned in section 718.2(e) of the Code, judges are only encouraged, and not forced, to take into consideration the background of Aboriginal offenders when sentencing (Criminal Code, 1985, s 718.2). Therefore, judges can use their judgement on a case-by-case basis to arrive at a logical and appropriate sentence. I believe that in the case of Gladue, the trial judge made an accurate ruling after examining the facts of the
The Court recognized that Aboriginal offenders merit special consideration by the criminal justice system due to their unique historic background and overrepresentation in the prison population (R v Gladue, at para. 77). Moreover, the Court emphasized how the sentencing judge can have a direct impact on how the criminal justice system treats Aboriginal offenders, and should come up with sentences that are meaningful for the offender and their community (para 74). Consequently, when considering the circumstances of Aboriginal offenders, the Court directs judges to assess whether prison is the best form of punishment and to give more consideration to culturally appropriate sentences. Furthermore, in their ruling, the Court emphasized that although section 718.2(e) of the Code is intended to apply to all offenders, judges should bear in mind the special circumstances of Aboriginal offenders when sentencing (para