The Mythical Norms Of The Canadian Judicial System

In this paper, I argue the mythical norm is a demonstration of how white and male power dominates the legal system of Canada and how the judiciary system interprets the law. First, this paper will look at how the mythical norm racializes those who are deemed as inferior specifically in the Aboriginal communities. Lastly, I look upon how the mythical norm creates boundaries between the sexes. The mythical norm is an ideal that creates oppression due to the beliefs of the myth.
Norms are made by historical ideals that have gained power once becoming part of the society. They continue to grow in strength, due to society’s belief that they cannot change what has been made in the past. All norms have a positive and negative impact; they are
those who gain an advantage or those who can not get past the barriers. However, norms are not actually normal, they are definite boundaries that most do not fit within. One form of a norm is the mythical norm. The mythical norm is the idea that those who look or act in a specific way are what is considered to be normal. According to Perry (2011), “This is usually defined as white, thin, male, young, heterosexual, Christian, and financially secure.” (p.57) Perry’s definition of what is the mythical norm is the exact thoughts that are deemed as normal. The concept of the mythical norm is the privilege that comes along with. The mythical norm gives a small population, an advantage over others merely based upon who they are. This norm has mythical attached to it because of the unrealistic boundaries that disallows any outside personnel to enter in. The mythical norm is a demonstration of how history’s authority never loosens its reins.
In Canada, it is thought to be a multicultural country who who accepts all races, ethnicities and cultures. It can be seen from a superficial standpoint that Canada has no biases against races, however there are past and current laws that show how the mythical norm is what is considered to be a standard in Canadian society. Canada became a country after the Europeans settlers came and settled on the land. They believed that they have the ability to create new country, without any consequences. However, there were people already situated in Canada; the Aboriginals. The settlers believed that they needed to have a civilized white society, and the Aboriginals did not fit this description. Lawmakers decided to use the law as a method to assimilate the Aboriginals out of their savagery to civilized. These laws were made solely based upon how to rid of the Aboriginals no matter the cost. These laws included sending Aboriginal children to residential schools where abuse was not uncommon. Laws have changed today, to reconcile for the past treatment of the Aboriginals. Yet, there are still disadvantages to the Aboriginals in the society of today. In the eyes of the law, Aboriginals are deemed as delinquents with a history of violence. Law is those who interpret the law; judges and police officers. It is seen in cases involving an individual with Aboriginal descent, the mistreatment they receive solely on their race. In the investigation of Helen Betty Osborne, it is evident how racialization influences the action of the law. Helen was beaten and stabbed to death by four white men. The investigation was focused upon the Aboriginal youth, rather than the four white men. Although, the police received information upon their susceptible involvement. This is a small example, of how the judicial system uses the mythical norms has a standard in how the law is carried out.
The mythical norm allows for this to occur because the judicial system cannot be separated from the ideals that the government has emplaced. The mythical norm is rooted in what society believes is normal. Aboriginals have always been an outcast in the eyes of the law. It is difficult to dissolve an ideal that has been around for decades. According to Comack and Balfour (2004):
The appearance of racist ideological representations within judicial discourse may be more of a reflection of the power and pervasiveness of such dominant ideology in the wider society and the particular susceptibility of legal discourse to it, than individual racial prejudice on the part of judges (Pg. 37)
This quote reflects upon how the mythical norm is impeded into the legal system, and how its dominance controls all of those who participate in the law. This ideology empowers the racial representations in the judicial system. In connection to Helen Betty Osborne. Race is a major factor of how the legal system works in Canada. Osborne’s case was mistreated due to her race and the stereotype that violence naturally occurs in Aboriginal communities. Judges cannot be blamed for how they treat marginalized groups because it is seen in the law and in practice; the division of races. The mythical norm is embedded into the law. Judges and police are not able to separate themselves from the mythical norm because of longstanding power it holds. The race of a person determines how one is treated within the law. Power lies with the colour of one’s skin, not by actions. The Aboriginals are not the only groups is marginalized by the law. Blacks, Asians and other races are all diminished into inferior spots of the hierarchy. The mythical norm oppresses those marginalized because the importance of a myth holds stronger power than the injustices of inferior races. The hierarchy of sexes has always been with evident in the laws created and how it proceeds. Women have been treated as an inferior due to that they are not within the boundaries of the mythical norm. One aspect of the mythical norm is being male, so this refers to that women are not normal. This is reflected in the laws of past and present. Comack (2014 ) says “ Historically women were denied basic rights of citizenship - like the right to vote, to own property once married, and to hold a public office.” ( Pg. 4) The examples Comack gives is only a short list of how one’s sex will force the lost of rights. The written law gives limitations to women because of the idea that they are not citizens or not normal. This idea has been in play since the making of patriarchy. Laws created in the past were meant to uphold the strength of the patriarchy, which is only available when a group is treated unequally specifically women. The oppression given by the mythical norm is the diminishing of rights because women do not suit the norms. Women are not able surpass these boundaries because they are seen as only women and as an inferior. The history of oppressing women has been in the law for centuries, allowing the power of the mythical norm to thrive. Today, it is being addressed on how the law regards women as less. However, the mythical norm has not been broken due to the history and value it has been given. The mythical norm overtakes the Canadian legal system by presenting itself as the perfect model of a citizen. Those who are male, will thrive in regards the legal system because of which sex they are born.
The definition of normal varies between each individual in Canadian society, yet there is one, single definition reflected in the Canadian legal system and judiciary system.
This norm is consists of aspects of race, sex, sexual orientation, religious background and socio-economic status. Yet, the norm only embodies few in the modern Canadian society, it still controls the law. The mythical norm is the creation of the past ideals that focused upon giving power to one single group; white and male. There several attributes that are included with sex and race that must come with an individual to fulfill the mythical norm. The mythical norm has been embedded into society’s mind of being what is normal and abnormal. It is realized today that the mythical norm is an unrealistic ideal that only allows some to thrive. Race and sex is what carries out the most oppression from the mythical norm. This can be seen in the past historical laws and today’s. The mythical norm holds superiority due to its historical stronghold in society. The development of the mythical norm has grown into a powerhouse that shows how the importance of historical background is what leads to total domination in society. The myth is what has the power because all thrive to have it, but most cannot succeed. The mythical norm will always be part of society due to that society wishes to be a norm. However, the myth will never be true due to that it is a
myth.

References
Comack, E., & Balfour, G. (2004). The power to criminalize: violence, inequality, and the law. Halifax: Fernwood Pub.
Comack, E. (2014). Locating law: Race, Class, Gender, sexuality, connections. Halifax: Fernwood Publishing.
Perry, Barbara "The Mythical Norm" in Diversity, Crime and Justice in Canada, edited by Barbara Perry, pp. 57-72. 2011 Oxford University Press.