THE CANADIAN CRIMINAL (IN)JUSTICE SYSTEM: A CRITICAL ANALYSIS OF THE IMPACT OF SYSTEMIC RACISM AND SEXISM ON THE DENIAL OF JUSTICE FOR INDIGENOUS FEMALE VICTIMS OF HOMICIDE

Back to Page Authors: Jessica Rumboldt

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Keywords: indigenous, feminism, criminal justice, risk factors

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Abstract: The social position and living conditions of Indigenous Peoples in Canada is a topic that has long been debated among academics, politicians, policymakers, and the public. These discussions have identified several factors that contribute to the greater likelihood of victimization amongst Indigenous women and girls. This research aims to uncover the ways that the criminal justice system and its lack of progress have influenced (the denial of) justice for Indigenous female victims of homicide in Canada. The overall objective of this research is to better understand the ways that systemic discrimination and racism operate in trials involving Indigenous female victims of homicide. This research explores the ways that courtroom officials discriminate by referencing specific social conditions and characteristics that further criminalize the victim. It addresses the ways that specific factors impact victim-blaming (unemployment, low income, lack of education and opportunities, community fragmentation, and substance abuse). This is done by analyzing the themes in the court transcripts of the significant 2015 homicide case involving victim Ms. Cindy Gladue. This work relies on content and thematic analysis and extends Critical Race Theory and Tribal Race Theory into a Canadian context to better understand race and systemic discrimination (even after a National Inquiry was announced). It is evident that Indigeneity and gender influence judicial decision-making and the criminalization/legal portrayal of victims as the court ignores histories of displacement, residential schools, and colonialism.

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