Laws are made to ensure order and equality in a nation. These set of rules serves as guide for both the government and the people to follow so that harmony may be established among them. However, this scenario does not occur for every country across the world more specifically in Canada, where Aboriginal people were made to practice limited rights. But claims are made to prove otherwise.

The need for restorative justice is apparent in the former condition of Canadian Aboriginals. The oppression of their rights mainly originated from the incorporation of European character to their culture. As an effect, a part of their tradition and lifestyle had been lost to the then existing era and they were then considered as savages. Attempting to tame them through customized rules, the Aboriginals, due to the said act, had been a constant enemy to the state and to the rules they were imposing.

As time went by, the necessity to ascertain restorative justice among Canadian people became more and more perceptible. Add to this the standards set by the UN regarding human rights. And though establishing restorative justice may include a series of complex steps, the Canadian government has been making efforts to mend the situation.

In Judge Murray Sinclairs discussion, he pointed out the roots of this problem and stated the set of actions performed by the government to ensure that such problem was addressed. Since the Aboriginals confrontation to the Minister of Indian Affairs regarding the issue and the latter taking legal measures against the Canadian government, equal rights were provided for the said victims of discrimination and further amendments were offered. And though it is clear in this case that the state has already raised its own awareness of the problem and has given effort to address it, the actions taken are still not enough to establish restorative justice, which is the most vital element in creating the desired harmony.

As for the situations presented by Judge Mandamin, especially the Gladue case, it is still insufficient to prove that the objective of restoration is finally attained. Though the law of punishment for public offense was adjusted to include not only Aboriginals but all citizens of Canada, there are still some issues that remain unresolved.

Restorative justice can only be achieved when repair, transformation and empowerment is provided to those who were gravely offended. And since the Canadian government has already done their part in empowering the rights of Aboriginals, I guess they can now start mending the roots of this situation and transforming their own views of the Aboriginals that they are not separate from the state and should be regarded as how it goes for every normal Canadian in the country. From then only will restorative justice be created and harmony, restored.


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