United Nations Declaration of Indigenous Rights

http://www.afn.ca/uploads/files/07-12-4_un_declaration_flyer_fe.pdf
http://www.unicef.org/policyanalysis/rights/files/HRBAP_UN_Rights_Indig_Peoples.pdf

June 11, 2008, Prime Minister Stephen Harper apologized on behalf of the government for the treatment of Aboriginal people who had been in residential schools.

Aboriginal People and the Justice System

Less than 3% of the population of Canada is Aboriginal, yet about 40% of the population of Canada’s prisons is Aboriginal.  What do you think might be the cause of this?

Make a list of five things that you think might be factors in the over-representation of Aboriginal people in Canada's prisons.

1.

2.

3.

4.

5.

Notice how all these factors hold the person in a web of poor choices.  

Traditional Aboriginal justice varied from nation to nation, however there were some common themes.  What are the common themes and the different practices in traditional Aboriginal justice?  What is the basic philosophy of Aboriginal justice compared to the Canadian justice system?

Aboriginal people have faced a justice system that has racism embedded in it for many, many years.  Aboriginal people did not have equal rights in the law to other Canadians.  They were not allowed to hire lawyers to settle land claims.  Traditional ceremonies like the potlatch were made illegal.  On the prairies, First Nations people would have to get permission (and a card) from their Indian agent if they wanted to travel from their reserve to a different reserve. The pass-card said where the person could travel to, and how long they could stay. The Canadian government didn’t want different reserves to organize and either make demands or war against them. It was also illegal under the Indian Act for an Aboriginal person to have any alcohol. Aboriginal people who did not speak English or French were not given translators. An Aboriginal person who only spoke their traditional language could end up in court, but not understand what was being said. Obtaining a fair trial was impossible. 

 

Today, the numbers of Aboriginal prisoners is a serious problem - 40% of all prisoners in federal and provincial prisons are Aboriginal. 

Racism aside, many of these prisoners suffer from personal histories that have thrown them into the circle you looked at above. 

Problems experienced as youth	% of FN prisoners
Parental neglect	39.1%
Absent parent(s)	35.9%
Group/foster homes	10.9%
Runaway	9.4%
Poverty	35.9%
Alcohol Abuse	84.4%
Drug use	50%
Learning problems	15.6%
Behavioural problems	65.5%
Emotional problems	21.9%
Physical abuse	50%
Sexual abuse	21.9%

Highest grade achieved	Percentage of FN prisoners.
Grade 6 or less	12.5%
Grades 7-9	46.9%
Grades 10-12	37.5%
Post graduate	3.1%

Vocational Skills	Percentage of FN prisoners
No Response	7.8%
Unskilled	45.3%
Semi-Skilled	23.4%
Skilled (Non-traditional skills)	18.8%
Craftwork/Artwork	4.7%

Needs of Aboriginal Inmates	Percentage of FN Prisoners
Substance Abuse Treatment	88%
Personal/Emotional Counselling	82%
Employment Counselling	63%
Education and Training	54%

Other causes of higher arrest rates are:

• Police arresting without cause.
• Police are more likely to patrol areas of cities that have a higher Aboriginal population.
• These areas have higher poverty levels, other social problems, and  higher crime rates
• This results in Aboriginal peoples being arrested for minor offences that would be overlooked in the white community.   Fewer non-Aboriginal people are arrested for the same offence because there are fewer police in their area.
•  There is also evidence that police are less likely to arrest a non-Aboriginal for being drunk in a public place than an Aboriginal person.
• There can also be different community standards for behaviour in cities and towns compared to reserves. Reserves are smaller and are more tightknit.  Behaviour that is criminal off reserve might not be considered criminal on reserve – it is seen as being part of who that person is. Being arrested in a city usually results in the accused being dealt with through the formal, legal justice system.

Reforming Canada's Prisons:  

In groups, discuss these questions.

• What is the purpose of prison?
• Is it to punish the offender, or is it to rehabilitate the offender?
• Is prison always the answer to criminal activity? 
• Is the incarceration of offenders always the best option?

Sentencing Circles: Sentencing circles are one way that the prison system is trying to make things better for Aboriginal offenders.

In a sentencing circle, the aboriginal community decides a person’s punishment. Also the offender is expected to make amends not just to their victim but to the community. This is called restorative justice.

Restorative justice doesn't work for everyone or every situation.  In a group, create a list of criteria that an offender would have to meet before they can take part in restorative justice.

…the [current] system is right now just a punishing system…They’re not looking at what’s causing these problems, they’re looking at, hey, we have to punish this guy for what he’s done…a lot of these guys go to jail, and they sit around this ten-by-twelve cell…And they get very bitter. …Here in a sentencing circle, we make sure somebody tells the offender that we’re here to help, for support…if recommendations are made that he takes some kind of programming to better himself back in society, he’s not only promising the magistrate or probation officer, he’s promising it to his own community.

Restorative justice and sentencing circles can allow offenders to begin to heal.

Criticisms of Sentencing Circles:


What do you think might be some of the criticisms of sentencing circles?

How do you think this fits into the concept of social justice?



***Since first posting this, Harper's Conservative government has put forward the "Safe Streets and Communities Crime Bill" which demands minimum sentencing for crimes involving violence, sex abuse and terrorism.  Critics of this bill believe that it will derail the restorative justice process as it will not allow judges to choose what sentencing process is best for the situation.  

Crime bill will put more behind bars, critics say

Tough-on-crime bill will hurt First Nations, says Atleo

 

LGBTQ Wrap Up

We will be watching the film Breakfast with Scot.  After the film you will be asked to consider the following things:

1. What examples of homophobia do you see in this film?
2. Why does Eric feel so unable to 'come out'?
3. Compare the gender expression of Scot and Eric.
4. In what ways does Scot try to change his gender expression?
5. What factors push Scot to feel he needs to change his gender expression?
6. What are the effects of Scots attempts at changing his gender expression?
7. What are the sexual orientations of the three main characters?

You will also need to know the following terms:

1. gay bashing
2. trans bashing
3. gender binary
4. gender expression
5. gender identity
6. heterocentrism
7. heteronormativity
8. homophobia
9. transphobia
10. lesbian
11. gay
12. bisexual
13. transgender
14. transqueer
15. cisgender
16. pansexual
17. intersex
18. asexual
19. ally
20. queer
21. questioning
22. two spirit

Finally, on Friday I am going to ask you to do a little research on one of the following people or issues:

1. Bill Siksay
2. Joan Baez
3. Josephine Baker
4. Irshad Manji
5. Long John Baldry
6. Drew Barrymore
7. Cyrano de Bergerac
8. Arsham Parsi
9. Trevor Boris
10. David Bowie
11. Marlon Brando
12. Franco Grillini
13. Anita Bryant
14. Truman Capote
15. Same sex marriage
16. Giacomo Casanova
17. Virgilio Barco Isakson
18. Christine Burns
19. Margaret Cho
20. Jason Collins
21. Mark Tewsbury
22. Libby Davies
23. Don't Ask Don't Tell
24. Harvey Milk
25. Dan White
26. Greg Louganis
27. Sven Robinson
28. Luiz Mott
29. Vito Russo
30. John Amaechi
31. Margaret Thatcher
32. Matthew Shepard
33. Brendan Burke
34. Stonewall (event)
35. Stonewall (charity)
36. Ian McKellan
37. Jane Rule
38. Chaz Bono
39. Martina Navratilova
40. David Kato Kisule

Gender and Sexuality

 Human Sexuality is Complicated!

Gender Identity, Gender Expression, Sexual & Romantic Orientation/Attraction and Biological Sex/Body Presentation and Sexual Behaviour are five completely individual and separate aspects to a person’s life.   We are all made up of a mixture of the five and there are as many variations as there are people.

As a heteronormative society, we tend to think of people as either male or female, gay or straight, masculine or feminine but this kind of gender-binary thinking does not represent the actuality of human gender and sexuality.  Look at the following people.  How would you describe their gender expression?

Can you tell what body presentation/biological sex each of the following people were born with?

Nadya Sulemon - Mom

Svend Robinson - politician

Sarah Gronert - tennis player

Isis - model

Gwen Araujo - high school student

Chas Bono - celebrity

Davin Sokup - university student

In groups, create some kind of model that shows the wide spectrum of:

1. Gender Identity, 
2. Gender Expression, 
3. Sexual Orientation/Attraction and 
4. Biological Sex/Body Presentation

Why Look At LGBTQ Issues?

Why do you think the Ministry of Education included a unit on gay rights in Social Justice 12? 

Letter from Rev. Jerry Falwell 

"I refuse to stop speaking out against the sin of

homosexuality with God as my witness. I pledge that I'll 

continue to expose the sin of homosexuality to the 

people of this nation. I believe that the massive 

homosexual revolution is always a symptom of a nation 

coming under the judgement of God... Recently 250,000 

homosexuals marched in the streets of San Francisco. 

Several weeks ago 75,000 more were marching in the 

streets of Los Angeles. Homosexuals are on the march 

in this country. Please remember, that homosexuals do 

not reproduce, they recruit, and many of them are after 

my children; your children...Let me repeat. A massive 

homosexual revolution can bring the judgement of God 

upon this nation. Our children must not be recruited to a 

profane lifestyle."

Watch these clips:

• Boys Beware
• Mike Wallace & CBS News
• Margaret Thatcher
• Pastor Solomon Male
• Tamara Scott from Concerned Women for America
• Jerry Falwell on what caused 9/11
• Anita Bryant/Bill Reilly/Professor Richard Peterson/etc.

The Worst Place in the World to Be Gay: Part One, Part Two, Part Three, Part Four

Do you know these names or expressions?  Harvey Milk, Anita Bryant, Matthew Shepard, Sven Robinson, Vito Russo, Don't Ask Don't Tell, Prop 8, Pink Triangle, Stonewall.

There are some words that you need to know when you are talking about LGBT issues.  The following letters some people call the "Gay Alphabet".

L

G

B

T

T

C

P

I

A

A

Q

Q

and a separate T

Can you figure out what each of these letters stand for? What does each word mean?

Some other vocabulary you should know includes:

• gay bashing
• gender-binary
• gender identity
• gender queer
• heterocentrism
• heterosexism
• heteronormativity
• homophobia
• sexual orientation
• trans bashing
• transphobia
• two spirit

Poverty and the "Dead, Straight, White Guy" Syndrome

Think about poverty. Poverty is everywhere and has likely existed since the beginning of human history, however the poverty we see today has direct correlations to European history from the past 600 years.  This is the history of colonialism.

There are two basic human failings that were (and still are) behind colonialism:

From http://liol.deviantart.com/art/Greed-108458360

Child Soldiers

All over the world, children are recruited or kidnapped and forced to become soldiers.  They face combat, they cook and clean, carry supplies and weapons, and they are forced to act as sexual partners to the adult soldiers.  Children lose their futures and often their lives.

 


Discussion:

• Not all children involved in armed conflict are kidnapped.  Some are recruited and some choose to seek out the military forces.  Why would they do this?  What choices do they have?
• What are the reasons for using children in armed conflict?
• What are the moral issues of using children in armed conflict?
• How does society suffer when children are used in armed conflict?
• Which articles from the UNCRC are meant to protect children from use in armed conflict?

In your homework you read about Omar Khadr who was a 15-year-old child soldier in Afghanistan.

How are child soldiers supposed to be treated when they are captured? 

We will now watch the CBC documentary, US vs. Omar Khadr.  Think about how Omar Khadr is treated and how this treatment fits into the Articles.  If you miss watching this movie in class, you can see it on YouTube.

Part 1

Part 2

Part 3

Part 4

Part 5

Read the following stories: Globe and Mail  New York Post War and Peace.

What have NGOs and other organizations done to help child soldiers.  Watch this video by Witness (www.witness.org).

For homework you have two pieces of writing to do:

1. In your journal, write what you think about Omar Khadr.  What is your opinion as to his guilt or innocence and his treatment at Guantanamo Bay.
2. On your blog write about the differences in the three stories.  Why are they so different?  Can you see any flaws in their logic?  How would you answer each of these writers?

Want to read about child soldiers?  You can try these books in the library:

• 306.362 BAL - Disposable people: New slavery in the Global Economy by Kevin Bales
• 331.1 HER - Child Labor Today: A Human Rights Issue by Wendy Herumin
• 331.3 MOD - Modern Slavery and the Global Economy 
• 335.009 DAL - They Fight Like Soldiers, They Die Like Children by Romeo Dallaire
• 966.4 BEA - Long Way Gone by Ishmael Beal