Archive/File: orgs/canadian/canada/justice/ethnocultural-groups/ecg-000-00
Last-Modified: 1997/01/29
Source: Department of Justice Canada

                      WORKING DOCUMENT
                              
                    ETHNOCULTURAL GROUPS
                           AND THE
                  JUSTICE SYSTEM IN CANADA
                              
                     A REVIEW OF ISSUES

                      A. Currie, Ph.D.
                  Chief, Access to Justice
             Research and Statistics Directorate
         Sections on Jury Selection and Hate Crimes
          Written By George Kiefl, Research Section
                       With A. Currie
                              
                            1994
                         Wl 1994-5e
                              
    The present study was funded by the Research Section,
   Department of Justice Canada The views expressed herein
   are solely those of the authors and do not necessarily
   represent the views of the Department of Justice Canada

                         TABLE OF CONTENTS

[ecg-000-01, ecg-000-02]

EXECUTIVE SUMMARY

[ecg-001-00]

CHAPTER ONE: INTRODUCTION

1.0 ETHNOCULTURAL DIVERSITY AND JUSTICE
1.1 Canadian Policy
1.2 Multiculturalism and Justice

[ecg-001-01]

1.3 The Minister's Reference to the Law Reform Commission of Canada
1.4 Review of Law Reform Commission and Related Research on 
    Multiculturalism and Justice
1.4.1 Survey of Justice Issues of Importance to Ethnocultural Organizations
1.4.2 Jury Selection in a Multicultural Society
1.4.3 Racially Motivated Crimes
1.4.4 Compliant and Redress Mechanisms
1.5 Review of-Justice Issues

[ecg-001-02]

1.6 The Report
1.7 A Note on Terminology

[ecg-001-03] 

Footnotes for Chapter One

[ecg-002-00]

CHAPTER TWO: PUBLIC LEGAL EDUCATION AND INFORMATION

2.0 BACKGROUND
2.1 Major Issues
2.1.1 More Culturally Sensitive and Accessible PLEI
2.1.2 Eliminating Fears about the Canadian Justice System
2.1.3 Emphasis on Canadian Legal Culture

[ecg-002-01]

2.1.4 Language
2.1.5 Multi-media PLEI Formats
2.1.6 Involvement of Government Bureaucracies
2.1.7 Involving Ethnic Communities
2.1.8 Outreach Efforts for Hard-to-reach Sub groups  21
2.1.9 Legal Information Needs of Immigrant and Minority Women
2.1.10 Emphasis of Education in PLEI
2.1.11 National Effort

[ecg-002-02]
Footnotes

[ecg-003-00]

CHAPTER THREE: CULTURAL PRACTICES IN CONFLICT WITH CANADIAN LAW

3.0 INTRODUCTION
3.1 Conflicts between Criminal Law and Minority Cultural and
    Religious Practices
3.1.1 Drug Laws
3.1.2 Weapons
3.1.3 Bigamy and Polygamy

[ecg-003-01]

3.1.4 Parental Duty of Care
3.1.5 Female Genital Mutilation
3.2 The Relevance of Cultural and Religious Factors and
    Criminal Liability
3.2.1 Negating Mens Rea
3.2.2 Cultural Defence
3.2.3 Approaches to Cultural Differences

[ecg-003-02]
Footnotes

[ecg-004-00]

CHAPTER FOUR: UNEQUAL TREATMENT IN CRIMINAL JUSTICE PROCESSING

4.0 INTRODUCTION
4.1 Police Contact

[ecg-004-01]

4.2 Crown Counsel
4.3 Defence Counsel
4.4 The Court Process
4.4.1 Sentencing
4.4.2 Language of Trial
4.5 Corrections
4.5.1 Length of Incarceration before Parole
4.5.2 Accommodation of Religious Practices

[ecg-004-02]

4.5.3 Treatment and Educational Programs
4.6 Ignorance and Prejudice of Justice System Actors
4.6.1 The Police
4.6.2 The Judiciary
4.7 Summary

[ecg-004-03]
Footnotes

[ecg-005-00]

CHAPTER FIVE: ACCESS TO THE PROTECTION OF THE CRIMINAL JUSTICE SYSTEM

5.0 INTRODUCTION
5.1 Witnesses
5.2 Victims

[ecg-005-01]

5.3 Jury Selection in a Multicultural Society
5.3.1 The Jury Selection Process
5.3.2 The Composition of the Source Lists
5.3.3 Uniformity of Source Lists and Procedures among
      Provinces and Territories
5.3.4 Exclusion of Immigrants

[ecg-005-02]

5.3.5 Random Selection of the Jury Pool
5.3.6 Representativeness
5.3.7 In-court Jury Selection
5.3.7.1 Challenge to the Array
5.3.7.2 Peremptory Challenges
5.3.7.3 Challenge for Cause
5.4 Summary

[ecg-005-03]
Footnotes

[ecg-006-00]

CHAPTER SIX: TREATMENT OF MINORITIES BY ADMINISTRATIVE BUREAUCRACIES

6.0 RECENT RESEARCH
6.1 Implications for Further Work

[ecg-007-00]

CHAPTER SEVEN: JUSTICE ISSUES RELATING TO WOMEN AND THE FAMILY

7.0 INTRODUCTION
7.1 Settlement Support for Families
7.2 Domestic Violence
7.2.1 Support for Victims of Family Violence
7.2.2 Equality of Access to the Courts

[ecg-007-01]

7.2.3 Accounting for Cultural Diversity in Family Courts
7.2.4 Cross-Cultural Sensitization
7.2.5 A Mechanism for Community-based Advice for the Judiciary
7.3 Family Law Issues
7.4 Foreign Domestic Workers

[ecg-007-02]
Footnotes

[ecg-008-00]

CHAPTER EIGHT: ALTERNATE DISPUTE RESOLUTION IN A MULTICULTURAL SETTING

8.0 BACKGROUND

8.1 Little Injustices
8.2 ADR and Ethnocultural Communities
8.3 The Paradox of ADR in Some Ethnocultural Groups
8.4 Family Disputes
8.5 Disputes between Individuals and Bureaucratic Organizations
8.6 Concluding Observation

[ecg-008-01]
Footnotes

[ecg-009-00]

CHAPTER NINE: ACCESS TO OCCUPATIONS AND PROFESSIONS IN THE JUSTICE SYSTEM

9.0 INTRODUCTION
9.1 Employment Equity in the Justice System
9.2 Access to Legal Professions
9.3 Outreach
9.4 Cross-cultural Sensitization and Recruitment

[ecg-009-01]
Footnotes

[ecg-010-00]

CHAPTER TEN: MULTICULTURALISM AND THE HUMAN RIGHTS SYSTEM

10.0 DISSATISFACTION WITH THE EXISTING RIGHTS PROTECTION AND PROCESSES
10.1 Security of the Person and Community
10.2 Complaint and Redress Mechanisms
10.2.1 Delays and Backlog
10.2.2 Success of Cases of "Racial" Discrimination
10.2.3 Systemic Racism
10.4 Incompatible Functions
10.5 Limitations of Mediation and Conciliation
10.6 Prohibition of Recourse to Civil Action
10.7 Summary

[ecg-010-01]
Footnotes

[ecg-011-00]

CHAPTER ELEVEN: EMPLOYMENT DISCRIMINATION AND EMPLOYMENT EQUITY

11.0 INTRODUCTION
11.1 Employment Discrimination
11.2 Employment Equity

[ecg-011-01]
Footnotes

[ecg-012-00]

CHAPTER TWELVE: HATE CRIMES, HATE MATERIAL, AND HATE GROUPS

12.0 INTRODUCTION

[ecg-012-01]
12.1 An Integrated Perspective on Hate Crimes and Activities
12.2 Materials Promoting Hatred

[ecg-012-02]
12.2.1 Offensive Behaviours Motivated by Hatred
12.2.2 Hate Groups

[ecg-012-03]
Footnotes

[ecg-013-00]

CHAPTER THIRTEEN: CONCLUSION

13.0 DEALING WITH DIVERSITY
13.1 A Cautionary Tale
13.2 A Social Policy Approach
13.3 Summary of Main Issues
13.3.1 Discrimination in the Justice System

[ecg-013-02]
13.3.2 Ignorance about Different Cultural Contexts
13.3.3 Representation of Minorities as Justice System Actors
13.3.4 Involving Ethnic Communities in the Justice Process

[ecg-013-03]
13.3.5 Complaint and Redress Mechanisms
13.3.6 The Need for Public Legal Education and Information
13.4 Minority Women and the Justice System
13.5 Minority Youth
13.6 Strategy For Action

[ecg-013-04]
Footnotes

APPENDICES

[ecg-014-00]

Appendix A Law Reform Commission of Canada Papers: Multiculturalism and Justice

[ecg-014-01]

Appendix B Multiculturalism and Justice Reports: Department of Justice

Home ·  Site Map ·  What's New? ·  Search Nizkor