Ethnocultural Groups
&
The Justice System in Canada
A Review of the Issues

Department of Justice Canada
1994 Working Document

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

• Executive Summary (1 of 2)
  • Executive Summary (2 of 2)
• Introduction
  • Ethnocultural Diversity and Justice
  • Canadian Policy
  • Multiculturalism & Justice
  • The Minister's Reference to the Law Reform Commission of Canada
  • Review of Law Reform Commission and Related Research on Multiculturalism and Justice
    • Survey of Justice Issues of Importance to Ethnocultural Organizations
    • Jury Selection in a Multicultural Society
    • Racially Motivated Crimes
    • Compliant and Redress Mechanisms
  • Review of-Justice Issues
  • The Report
  • A Note on Terminology
  • Footnotes
• Public Legal Education & Information
  • Background
  • Major Issues
    • More Culturally Sensitive & Accessible PLEI
    • Elininating Fears About the Canadian Justice System
    • Emphasis on Canadian Legal Culture
    • Language
    • Multi-media PLEI Formats
    • Involvement of Government Bureaucracies
    • Involving Ethnic Communities
    • Outreach Efforts for Hard-to-reach Sub groups
    • Legal Information Needs of Immigrant and Minority Women
    • Emphasis of Education in PLEI
    • National Effort
  • Footnotes
• Cultural Practices in Conflict With Canadian Law
  • Introduction
  • Conflicts between Criminal Law and Minority Cultural and Religious Practices
    • Drug Laws
    • Weapons
    • Bigamy & Polyamy
    • Parental Duty of Care
    • Female Genital Mutilation
  • The Relevance of Cultural and Religious Factors and Criminal Liability
    • Negating Mens Rea
    • Cultural Defence
    • Approaches to Cultural Differences
  • Footnotes
• Unequal Treatment in Criminal Justice Processing
  • Introduction
  • Police Contact
  • Crown Counsel
  • Defense Counsel
  • The Court Process
    • Sentencing
    • Language of Trial
  • Corrections
    • Length of Incarceration before Parole
    • Accommodation of Religious Practices
    • Treatment & Educational Programs
  • Ignorance & Prejudice of Justice System Actors
    • The Police
    • The Judiciary
  • Summary
  • Footnotes
• Access to the Protection of the Criminal Justice System
  • Introduction
  • Witnesses
  • Victims
  • Jury Selection in a Multicultural Society
    • The Jury Selection Process
    • The Composition of the Source Lists
    • Uniformity of Source Lists and Procedures among Provinces and Territories
    • Exclusion of Immigrants
    • Random Selection of the Jury Pool
    • Representatives
    • In-court Jury Selection
      • Challenge to the Array
      • Peremptory Challenges
      • Challenge for Cause
  • Summary
  • Footnotes
• Treatment of Minorities by Administrative Bureaucracies
  • Recent Research
  • Implications of Further Work
• Justice Issues Relating to Women and the Family
  • Introduction
  • Settlement Support for Families
  • Domestic Violence
    • Support for Victims of Family Violence
    • Equality of Access to the Courts
    • Accounting for Cultural Diversity in Family Courts
    • Cross-Cultural Sensitization,/a>
    • A Mechanism for Community-based Advice for the Judiciary
  • Family Law Issues
  • Foreign Domestic Workers
  • Footnotes
• Alternate Dispute Resolution in a Multicultural Setting
  • Background
  • Little Injustices
  • ADR and Ethnocultural Communities
  • The Paradox of ADR in Some Ethnocultural Groups
  • Family Disputes
  • Disputes Between Individuals and Bureaucratic Organizations
  • Concluding Observation
  • Footnotes
• Access to Occupations & Professions in the Justice System
  • Introduction
  • Employment Equity in the Justice System
  • Access to Legal Professions
  • Outreach
  • Cross-cultural Sensitization and
  • Footnotes
• Multiculturalism & the Human Rights System
  • Dissatisfaction with the Existing Rights Protection and Processes
  • Security of the Person and Community
  • Complaint and Redress Mechanisms
    • Delays and Backlog
    • Success of Cases of "Racial" Discrimination
    • Systemic Racism
  • Incompatible Functions
  • Limitations of Mediation and Conciliation
  • Prohibition of Recourse to Civil Action
  • Summary
  • Footnotes
• Employment Discrimination & Employment Equity
  • Introduction
  • Employment Discrimination
  • Employment Equity
  • Footnotes
• Hate Crimes, Hate Material, and Hate Groups
  • Introduction
  • An Integrated Perspective on Hate Crimes and Activities
  • Materials Promoting Hatred
    • Offensive Behaviours Motivated by Hatred
    • Hate Groups
  • Footnotes
• Conclusion
  • Dealing With Diversity
  • A Cautionary Tale
  • A Social Policy Approach
  • Summary of the Main Issues
    • Discrimination in the Justice System
    • Ignorance about Different Cultural Contexts
    • Representation of Minorities as Justice System Actors
    • Involving Ethnic Communities in the Justice Process
    • Complaint and Redress Mechanisms
    • The Need for Public Legal Education and Information
  • Minority Women and the Justice System
  • Minority Youth
  • Strategy For Action
  • Footnotes
• Appendix A: Law Reform Commission of Canada Papers: Multiculturalism and Justice
• Appendix B: Multiculturalism and Justice Reports: Department of Justice

The original plaintext version of this file is available via ftp.

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