…in the disturbingly disproportional incarceration rates of males;
37 The next question is the meaning to be attributed to the words “with particular attention to the circumstances of male offenders”. The phrase cannot be an instruction for judges to pay “more” attention when sentencing male offenders. It would be unreasonable to assume that Parliament intended sentencing judges to prefer certain categories of offenders over others. Neither can the phrase be merely an instruction to a sentencing judge to consider the circumstances of male offenders just as she or he would consider the circumstances of any other offender. There would be no point in adding a special reference to male offenders if this was the case. Rather, the logical meaning to be derived from the special reference to the circumstances of male offenders, juxtaposed as it is against a general direction to consider “the circumstances” for all offenders, is that sentencing judges should pay particular attention to the circumstances of male offenders because those circumstances are unique, and different from those of non-male offenders. The fact that the reference to male offenders is contained in s. 718.2(e), in particular, dealing with restraint in the use of imprisonment, suggests that there is something different about male offenders which may specifically make imprisonment a less appropriate or less useful sanction.
Well, not quite. That’s an exerpt from a Supreme Court of Canada ruling that I’ve amended slightly to make a point – by replacing the word “aboriginal” with “male”. For if one is to buy into the argument put forward to defend our two-tier Canadian justice system, surely affirmative action for male offenders is just around the corner.
Text of the original ruling is here. This convoluted bit of reasoning is worth a read, if only to challenge your logic centers.
What seems to been overlooked is that the majority of crimes commited by aboriginal offenders are against other aboriginals. As a result, the majority of aboriginal victims of crime receive “two-tier” justice as well. For example, the battered aboriginal spouse is more likely to see her abuser released back into the community than had the crime occured in a non-aboriginal relationship.
Star Phoenix news brief;
A former chief and two others from a Saskatchewan First Nation have been sentenced to two years of house arrest.
The men were convicted of pocketing about $1 million from the treaty land entitlement trust fund of the Saulteaux First Nation.
They also signed cheques for another $1.8 million�to friends and relatives in excess of their legitimate wages.
The Crown prosecutor had asked that the men serve three to five years in federal prison on their criminal breach of trust conviction.
Former chief Gabe Gopher, land entitlement trustee Archie Moccasin and band councillor Mervin Night have also been directed to repay a minor percentage of the “take” and put in a few hours of community service. (Moccasin defended his actions by pointing out he had only a grade 8 education.)
Isolated case? Hardly.
Then there is the on-going situation at First Nations University, where apart from the turmoil over faculty and administrative firings, a 32 member board comprised mostly of chiefs and other First Nations representatives will suck over $600K from the budget this year. ($300,000 of that for a forensic audit). Then, there’s the $100,000 “management fee” for the Saskatchewan Federation of Indian Nations.
By way comparison, the 12 member board of the U of S in Saskatoon operates at a $87,000 cost.
It is seldom that problems with First Nations crime and poverty are raised without bringing past injustices by the Canadian government to the table. Fair enough, but one would think that this history would lead to a more proactive attitude by both First Nations and the Canadian justice system in preventing and punishing current ones.
These days, the first ones to kick aside the interests of First Nations people on their way to the trough are their own leaders. So long the “wages of crime” amount to a $100K a year salary to sit around the house, that’s not likely to change.


