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Running head: LEGAL ISSUES 1

Legal Issues

Name

Institution

LEGAL ISSUES 2

Indigenous people can be said to be people who are native or those that are not from a

particular nation. They are considered different than the original inhabitants of a specific

place.

The cases presented are from Canada. The two guilty men that were acquitted are white after

they violated the rights of indigenous people. The ruling in these cases defines that the

oppression that the indigenous people when it comes to the judicial system and other major

amenities (Roach 2018) this is a clear show on how The indigenous people get no justice

because of nationality also because of gender Most women lawyers were represented in the

lower level of the legal profession and are being given less challenging work which will

result of being given lower salaries compare to their counterpart men.also the form of

government which was being used by Nationalism

by Montesquieu could not allow people like Yee Clun rule since in every arm had a

specific category of people who will lead for example the Republican, which was possessed

by the supreme people and people like Yee Clun were inferior and they could not attains

those standards, in a monarchy a single person governs by fixed and established laws and

since racism was talk of the day Yee Clun could not be a monarchy, and in a despotic

government a single person directs everything by his own will and caprice which encourages

racism since the leader have all the powers which disadvantaged Chinese-Canadians.

. This is inclusive of other people when it comes to their race, religion, gender and

even age. To some, even the socio-economic status play a part in their everyday life and the

services that they get.

Colten and Tina not getting a fair trial is a sign to the world that these group of people

is not important and they do not deserve any fair treatment. These consequences make the act

of truth and reconciliation for such groups a hard task that is not respected and one that will

never be taken seriously unless properly followed and implemented. The cases of Colten and

LEGAL ISSUES 3

Tina was an example of the discrimination that the minority groups of people face like the

indigenous people. The implications of these leads to more discrimination and the major

groups of people feel like they are free to do whatever they want. The offenders of Colten and

Tina went free even after committing a great crime. No punishment was rendered to them,

and therefore there is a high possibility that they can commit these crimes again since they

have confidence that no legal action will; be taken against them.

This consequence also gives a lot of rights to the white people of the majority

group of people. Considering that majority of the indigenous people are native, then the other

group discriminate them and see them as unworthy of fairness or any special treatment which

leads to division and a lot of conflict between the people. The situation has led to the growth

of discrimination where in Canada there are structures and also norms that oppress the

indigenous group including schools and residential areas. The cases of Colten and Tina also

made it public that these people can be oppressed through being raped. Killed, assaulted and

no legal justice is given to them since they are not considered significant.

Sometimes authority may assume illegal activities that are in there jurisdiction maybe

because they are benefiting from it, Nevertheless every authority has certain features which

are common to all sort, this theory has given authority most people that are not in there on

land so that they will fell included .

The life of the white man is considered to be more important than that of an

indigenous man (Lopez & Hastings 2015). It is clear that the race factor has a hierarchy

where the whites are on the top, and the natives are found at the bottom of the list. This

aspect is already known to the world. However, these trials that were conducted clearly

elaborate that the freedom of the white man is more important, considered and valuable than

that of the indigenous man. It goes as far as not even being put behind bars for the crimes that

they committed. Politics, justice, truth, and reconciliation is not for the indigenous people. In

LEGAL ISSUES 4

a government that defends the immigrant rights of their property and one that oppress the

native people, true and fair justice cannot be rendered to the aboriginal people. In this case,

reforming the system is not an option. Rallies and protests to change the system will not work

for the indigenous people. The only solution that can help is abolishing the system and having

a new system that cares for all and one that seeks for truth and reconciliation for all

regardless of race, ethnicity, nationalism and even socioeconomic status.

Section two

1. The primary objective of Benedict Anderson when he was describing a nation

as an imagined communities were to make sure there are fairness and equality of nationality

as social-cultural concepts (Fraser 2018). Also, incoherence among the people who are living

who are struggling to make end meet and those who have made in life. Finally, the scholar

claimed that there should be a relationship between the nations to the historians' eyes vs. their

subjective antiquity in the eyes of nationalists. There are some limits to this theory which has

hindered lots for example nationalism have no meaning, or it has become obsolesce in the

globalized world also he has value utopian in his theory as one of the element, and in the

Canadian system, the racialism has been oppressed In many ways.

2. Canadian legal system has had a stereotype about where you are coming from

or your skin color for example including an assumption about pervasiveness and cause of

alcohol and drug addiction unemployment and violence (Milloy 2017). For instance in the

case of white women’s labor law” and the Yee Clun case. Yee Clun, a, fights a Saskatchewan

law that required Chinese-Canadians to secure a municipal license to hire "white women" as

employees Which was an apparent show of the racialism that was supported by the

government which was being ruled by Montesquieu and didn't allow Chinese women to

work on a specific job which was clear racial discrimination also the form of government

LEGAL ISSUES 5

which was being governed by Montesquieu could not allow people like Yee Clun rule since

in every arm had a specific category of people who will lead for example the Republican,

which was possessed by the supreme people and people like Yee Clun were inferior and

they could not attains those standards, in a monarchy a single person governs by fixed and

established laws and since racism was talk of the day Yee Clun could not be a monarchy,

and in a despotic government a single person directs everything by his own will and caprice

which encourages racism since the leader have all the powers which disadvantaged Chinese-

Canadians.

References

Fraser, R. (2018). Beyond the National Stereotype: Benedict Anderson and the Bengal

Emergency of 1905–06. In Literature, Music, and Cosmopolitanism (pp. 125-160).

Palgrave Macmillan, Cham.

Lopez, E., & Hastings, M. (2015). Overlooked and Unprotected: Central American

Indigenous Migrant Women in Mexico. NYUJ Int'l L. & Pol., 48, 1105.

Milloy, J. S. (2017). A national crime: The Canadian government and the residential school

system (Vol. 11). Univ. of Manitoba Press.

LEGAL ISSUES 6

Roach, K. (2018). The Urgent Need to Reform Jury Selection after the Gerald Stanley and

Colton Boushie Case.

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