Indians
Cultural Sensitivity in the Courtroom: Unequal Justice?
• A second force contributing to the modern Aboriginal women's judiciary has been the increasing sensitivity shown by the Canadian judiciary
• Especially evident in the Northwest Territories in the 80s
• During this time customary law was considered in the sentencing of some Aboriginal offenders
• The Aboriginal women were concerned that Aboriginal offenders (many male) had been treated unequally by the Canadian justice system
• The result of this had often been injustice for Aboriginal women
• One specific case highlights these concerns:
• A one week sentence was handed down by a judge for three Inuit men accused of raping a thirteen year old girl
• The trial judge reasoned that cultural factors should be taken into consideration—noting that Inuit people do not regard having sex with a girl under fourteen as a crime
• In his statement he stated: "…when a girl begins to menstruate, she is considered ready......
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