The Aboriginal Justice Inquiry ( AJI ), officially the Public Inquiry into the Administration of Justice and Aboriginal People , was a public inquiry commissioned by the Manitoba government into the administration of justice regarding the 1971 murder of Helen Betty Osborne and 1988 death of J.J. Harper . Commissioned in 1988, with its final report presented in 1991, its stated purpose was "to examine the relationship between the Aboriginal peoples of Manitoba and the justice system."
41-798: The Commission of Inquiry was composed of Alvin Hamilton , former Associate Chief Justice of Manitoba of the Court of Queen's Bench , and Murray Sinclair , then-Associate Chief Judge of the Provincial Court and former Justice of the Court of Queen's Bench. To develop a plan to act upon the Inquiry's recommendations, the Aboriginal Justice Implementation Commission was created in late November 1999. At
82-658: A Court of Justice for the Province of Manitoba, to be styled "The Supreme Court," which shall have jurisdiction over ail matters of Law and Equity, ail matters of wills and intestacy, and shall possess such powers and authorities in relation to matters of Local or Provincial jurisdiction, as in England are distributed among the Superior Courts of Law and Equity, and of Probate. The Act also established inferior courts known as Petty Sessions . In 1872, The Supreme Court Act
123-401: A factor in child maltreatment. Unwanted pregnancies can also increase tension in the household, potentially leading to the mistreatment of a child. Various services exist to address or prevent child maltreatment; these services can be provided by businesses or by government agencies. Where these services encounter cases of maltreatment, the state then creates a supportive family environment for
164-700: A helpless child. Examples of child maltreatment include physical abuse, sexual abuse, emotional abuse, exploitation, deprivation and neglect. The long-term impact of abuse on victims often includes physical injury, psychological and behavioral harm, and can potentially be carried across generations. Caregiver maltreatment of children is a global problem that can occur in adoption programs, regardless of social status and in cases of discrimination and early or unwanted pregnancy. Adopted children may be mistreated more than biological children. Additionally, children may suffer maltreatment due to their social status, and discrimination based on skin color has also been documented as
205-402: A jury solely because they are Aboriginal. The report also said that delays in responding to summonses can effectively exclude Indigenous participation in jury duty : many Indigenous people in remote areas have limited access to mail and telephones, and those living in urban areas change residences more frequently than non-Indigenous people. As such, the report recommended that when an exemption
246-767: A necessary component of effective child protection systems." Under Article 19 of the UN Convention on the Rights of the Child , a 'child protection system' provides for the protection of children in and out of the home. One of the ways this can be enabled is through the provision of quality education , the fourth of the United Nations Sustainable Development Goals , in addition to other child protection systems. Some literature argues that child protection begins at conception; even how
287-745: A result of poverty and/or other social pressures. Infanticide can be carried out by parents, relatives, or strangers and is often seen as a form of gender-based violence, since female babies are more likely to be killed than male ones. In some cases, infanticide may also be used to conceal evidence of incest or rape. It is most commonly practiced in cultures where there is a preference for male children, or where resources are scarce. In some countries, children can be imprisoned for common crimes. In some countries, like Iran or China, criminals can even be sentenced to capital punishment for crimes committed while they were children (the United States abandoned
328-488: A set of services, usually government-run, designed to protect children and young people who are underage and to encourage family stability. UNICEF defines a 'child protection system' as: "The set of laws, policies, regulations and services needed across all social sectors – especially social welfare, education, health, security and justice – to support prevention and response to protection-related risks. These systems are part of social protection , and extend beyond it. At
369-774: Is a United Nations agency dealing with labor issues, created in 1919. It takes care also of child labor issues, in particular with conventions 138 and 182. On 20 November 1959 the United Nations General Assembly adopted a Declaration of the Rights of the Child during the Convention on the Rights of the Child . The United Nations Children's Fund ( UNICEF ) is a United Nations Program headquartered in New York City, that provides long-term humanitarian and developmental assistance to children and mothers in developing countries. In 2000, an agreement
410-411: Is a factor in sex-selective infanticide . Many children who come to the attention of the child welfare system do so because of situations which are often referred to as child abuse . Abuse typically involves abuse of power, or exercising power for an unintended purpose. This includes willful neglect, knowingly not exercising a power for the purpose for which it was intended. This is why child abuse
451-402: Is defined as taking advantage of a position of trust having been invested with powers. Parental responsibility is the legal obligation of a parent to provide for their child's physical, emotional, and financial needs. This includes providing food, shelter, clothing, education, medical care, and emotional support. It also includes protecting the child from harm and ensuring their safety. In 1984
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#1732782686841492-399: Is granted by a sheriff , the person ought to be replaced by someone from the same community. It also recommended that all jury summonses be enforced, even when a sufficient number jurors have responded. One of the integral elements of the Inquiry's reform strategy was the recommendation for the establishment of Aboriginal justice systems. In late November 1999, to develop a plan to act upon
533-508: Is not merely that the justice system has failed Aboriginal people; justice has also been denied to them. For more than a century the rights of Aboriginal people have been ignored and eroded. The report said that, during the jury selection process in the Osborne case, defence counsel used its peremptory challenges to eliminate the 6 Indigenous people called from the jury panel . Commissioner Murray Sinclair noted that, at that time, 70% of
574-550: Is some consistency in the nature of laws, though the application of the laws varies across the country. The United Nations has addressed child abuse as a human rights issue, adding a section specifically to children in the Universal Declaration of Human Rights : Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding should be afforded
615-428: Is the act of placing a child in a situation which neglects their health or life. Child endangerment can cause many negative physical and mental effects. This can stem from abusive parental care, child neglect, and a multitude of other reasons. Infanticide is the intentional killing of infants and young children. This practice has been documented throughout history and still occurs in certain cultures today, usually as
656-471: Is to ensure that all children are safe and free from harm or danger. Child protection also works to prevent future harm by creating policies and systems that identify and respond to risks before they lead to harm. In order to achieve these goals, research suggests that child protection services should be provided in a holistic way. This means taking into account the social, economic, cultural, psychological, and environmental factors that can contribute to
697-529: The Council of Europe , the body that supervises the European Convention on Human Rights, make Recommendation R(84) 4 on Parental Responsibilities. These defined parental responsibility as a 'function' duties to be met and powers that can be exercised to meet those duties. Child abuse and neglect is failure by a person with parental or any other protective responsibility to exercise the powers for
738-499: The Court of Queen’s Bench of Manitoba , depending on the monarch —is the superior court of the Canadian province of Manitoba . The court is divided into two divisions. The Family Division deals with family law cases including divorces , guardianships , adoptions and child welfare . The General Division deals with civil and criminal matters, including civil trials , probate law , indictable offences and applications for
779-741: The Aboriginal Justice Inquiry was presented in the fall of 1991, and made 296 recommendations in total. In its first page, the report summarized the relationship between Indigenous people and the justice system : The justice system has failed Manitoba’s Aboriginal people on a massive scale. It has been insensitive and inaccessible, and has arrested and imprisoned Aboriginal people in grossly disproportionate numbers. Aboriginal people who are arrested are more likely than non-Aboriginal people to be denied bail, spend more time in pre-trial detention and spend less time with their lawyers, and, if convicted, are more likely to be incarcerated…. It
820-536: The Commission of Inquiry's stated purpose was "to examine the relationship between the Aboriginal peoples of Manitoba and the justice system." The Inquiry was co-chaired by Alvin Hamilton , former Associate Chief Justice of Manitoba of the Court of Queen's Bench , and Murray Sinclair , then-Associate Chief Judge of the Provincial Court and former Justice of the Court of Queen's Bench. The final report of
861-530: The Commission were Eva McKay and Doris Young . The Aboriginal Justice Inquiry-Child Welfare Initiative ( AJI-CWI ) was created in 2000 to help transition child protection and family support services to Manitoba's Aboriginal communities, giving them the ability and responsibility to provide such services to their people throughout the province. The AJIC recommended that the AJI child welfare recommendations be prioritized for implementation. The AJI-CWI began with
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#1732782686841902-553: The County Courts were merged with the Court of Queen's Bench, and the judges of the County Courts became Court of Queen's Bench judges. Further, in 1984 the Family Division of the Court of Queen's Bench was established. The court is divided into two divisions. The Family Division deals with cases of family law and child protection , including divorces , guardianships , adoptions , and child welfare . Judges of
943-472: The Court of King's Bench of Manitoba have included: Child protection Child protection (also called child welfare ) is the safeguarding of children from violence, exploitation, abuse, and neglect. It involves identifying signs of potential harm. This includes responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable. The primary goal of child protection
984-749: The Family Division sit in Flin Flon , Morden , Selkirk , St. Boniface , The Pas , Thompson , and Winnipeg . The General Division deals with civil and criminal matters, including civil trials , probate law , indictable offences and applications for the review of decisions from certain administrative tribunals . Judges of the General Division sit in Brandon , Dauphin , Flin Flon, Morden, Portage la Prairie , Selkirk, St. Boniface, Swan River , The Pas, Thompson, and Winnipeg. Past justices of
1025-556: The Inquiry's recommendations, the Aboriginal Justice Implementation Commission was created, led by Commissioners Wendy Whitecloud and Paul Chartrand. The Aboriginal Justice Inquiry-Child Welfare Initiative was subsequently created in 2000 to help transition child protection and family support services to Manitoba's Aboriginal communities. From 1989 to 2020, eleven Royal Commissions or Commissions of Inquiry throughout Canada have addressed
1066-415: The abused child. This entails the regulation of both public and private entities providing care for children and families. Child maltreatment can even occur in cases where state or other guardians take responsibility for a child's welfare. A 2014 European Commission survey on child protection systems listed the following categories of children needing help: The International Labor Organization (ILO)
1107-513: The conception took place can affect the child's development. Child labor is the practice of having children engage in economic activity on a part-time or full-time basis. The practice is harmful to their physical and mental development. It is considered to be a form of exploitation and is illegal in many countries. Due to economic reasons, especially in poor countries, children are forced to work in order to survive. Child labor often happens in difficult conditions, which are dangerous and impair
1148-414: The education of future citizens, and increase vulnerability to adults. It is hard to know exactly the age and number of children who are affected. At least 152 million children under five years of age worked in 2016, but the figure is underestimated because domestic labor is not counted. The actual statistics cannot be counted exactly due to the many cases of child labor going unseen. Child endangerment
1189-431: The intended purpose, which is the benefit of the child. Actions typically include services aimed at supporting at-risk families so they can remain intact to safeguard and promote the welfare of the child, investigation of alleged child abuse and, if necessary, assuming parental responsibility by foster care and adoption services. Child maltreatment refers to any type of harsh treatment or abuse which results in harm to
1230-599: The issue of Indigenous justice either directly or as one among many questions regarding Indigenous people in Canada . On 26 February 2021 (Aboriginal Justice Awareness Day), the Grand Chief of the Assembly of Manitoba Chiefs , Arlen Dumas , called out both the federal and provincial governments on their failure to fully implement the Aboriginal Justice Inquiry. The Aboriginal Justice Implementation Commission ( AJIC )
1271-414: The level of prevention, their aim includes supporting and strengthening families to reduce social exclusion, and to lower the risk of separation, violence and exploitation. Responsibilities are often spread across government agencies, with services delivered by local authorities, non-State providers, and community groups, making coordination between sectors and levels, including routine referral systems etc..,
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1312-486: The people in northern Manitoba were Indigenous, yet none of the people on the jury were Indigenous. The AJI recommended the abolition of the use of peremptory challenges: While the practice of challenging people without having to give a reason is sanctioned by the Criminal Code , we question the logic and fairness of allowing the practice to continue when its application can prevent Aboriginal people from sitting on
1353-474: The practice in 2005). In contexts where military use of children is made, they also risk becoming prisoners of war . Other children are forced into prostitution , exploited by adults for illegal traffic in children, or endangered by poverty and hunger. Infanticide today continues at a much higher rate in areas of extremely high poverty and overpopulation, such as parts of China and India. Female infants, then and even now, are particularly vulnerable, which
1394-527: The review of decisions from certain administrative tribunals . The current Chief Justice of the Court of King's Bench as of 2021 is Judge Glenn Joyal , who was appointed on 3 February 2011. In May 1871, the legislature of Manitoba enacted The Supreme Court Act to establish a superior court with original and appellate jurisdiction in the province, called the Manitoba Supreme Court . The law provided: There shall be constituted
1435-409: The right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. A key part of child protection work is assessment. A particular challenge arises where child protection professionals are assessing families where neglect is occurring. Professionals conducting assessments of families where neglect
1476-613: The risk of harm for individual children and their families. Collaboration across sectors and disciplines to create a comprehensive system of support and safety for children is required. It is the responsibility of individuals, organizations, and governments to ensure that children are protected from harm and their rights are respected. This includes providing a safe environment for children to grow and develop, protecting them from physical, emotional and sexual abuse, and ensuring they have access to education, healthcare, and resources to fulfill their basic needs. Child protection systems are
1517-645: The signing of Memorandums of Understanding with the Assembly of Manitoba Chiefs on behalf of southern First Nations , the Manitoba Keewatinowi Okimakanak (MKO) on behalf of northern First Nations, and with the Manitoba Metis Federation on behalf of the Métis people of Manitoba. Court of Queen%27s Bench of Manitoba The Court of King's Bench of Manitoba ( French : Cour du Banc du Roi du Manitoba )—or
1558-463: The time of the inquiry, Manitoba had the highest proportion of Aboriginal people in its population among the 10 provinces of Canada . (In 1996 , Manitoba's population of 1.1 million included about 77,500 First Nations residents and 57,000 Métis and Non-Status Indians .) Research carried out for the Inquiry on Provincial Court data revealed that: The Inquiry was commissioned in 1988 in response to two high-profile incidents: With these in mind,
1599-587: Was amended by the Manitoba Legislature to change the name of the court to "The Court of Queen's Bench," and the first Chief Justice was appointed in July that year. Also that year, the Petty Sessions were abolished and County Courts were established. In 1906, the appellate jurisdiction of the Court of Queen's Bench was transferred to the newly-established Manitoba Court of Appeal . In 1984,
1640-528: Was created by the Government of Manitoba "to develop an action plan based on the original Aboriginal Justice Inquiry recommendations." The Commission was created in late November 1999, and issued its final report on 29 June 2001. It was led by Commissioners Wendy Whitecloud and Paul Chartrand , who also served as a Commissioner on the Royal Commission on Aboriginal Peoples . Elder advisers of
1681-670: Was reached among countries belonging to the United Nations countries about the military use of children. The effectiveness of these programs is contested and seems limited to some. Provincial or state governments' child protection legislation empowers the government department or agency to provide services in the area and to intervene in families where child abuse or other problems are suspected. The agency that manages these services has various names in different provinces and states, e.g., Department of Children's Services, Children's Aid, Department of Child and Family Services. There