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
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