Over incarceration rates of Indigenous people and certain other minorities has been well – documented for a long time. The law continues to try to adapt. In modern times it requires that public funds are to be used to provide legal counsel to the accused who are impoverished. The Criminal Code requires special handling of sentencing of Aboriginal offenders by judges, including consideration of any trauma the Aboriginal offender has experienced, poverty, and more.
Every accused – regardless of race – is entitled to the same Charter section 7 rights (to life, liberty and security of the person), to section 10(b) right to legal counsel, to section 11 rights (right to a fair trial), and to rights under section 15 (substantive equality before and under the law, e.g.), and, to other protections. When these rights have been infringed upon by the state’s agents, courts are empowered to craft remedies under the Charter, subsection 24(1), such as exclusion of what could otherwise be incriminating evidence.
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“Never apologize. Never explain. Just get the thing done, and let them howl.”
