REVIEW – NOVEMBER 07

ORGANIZATIONAL PRACTICE AND THE STATE

AK/SOSCI 3570 6.0

 

{SYNOPSIS AND GENERAL OVERVIEW: THIS SECTION OF THE COURSE HAS BEEN DIVIDED INTO FOUR SUBJECT AREAS: (1) CANADA'S IMMIGRATION AND REFUGEE SYSTEM, (2) CANADIAN MULTICULTUALISM {THE DIALECTICAL PROJECT OF DIVERSITY AND INCLUSIVITY}, (3) RACE AND RACISM {THE BALANCE OF POWER IN CONTEMPORARY POLITICAL ECONOMY}, AND (4) THE CRIMINAL JUSTICE SYSTEM {INSTITUTIONAL STRUCTURES AND INEQUALITIES IN CLASS, RACE AND GENDER}.

 

{*THE SOCIOLOGICAL KEY ====> IN THIS SECTION, OUR JOB AS STUDENTS HAS BEEN TO BEGIN TO “INTERROGATE SOCIAL FACTS” OF POLITICAL ECONOMY --- LIKE RACIAL OPPRESSION, {SEXISM AND GENDERISM NEXT SECTION} ---  IN ORDER TO UNMASK THE CONTINGENT, CONSTRUCTED AND THUS TRANSFORMABLE NATURE OF CANADA}

 

 

PART I --- IMMIGRATION AND MULTICULTUALISM IN CANADA:

 

[CANADIAN SOCIAL POLICY: DIVERSIFICATION THROUGH IMMIGRATION + THE CONSTRUCTIVE MANAGEMENT OF OUR DIFFERENCES]

 

1)       IMMIGRATION STREAMS

 

QUESTION: WHO GETS IN {IN THE AGE OF GLOBALIZATION}?

 

THESIS: IMMIGRATION IS A STATE APPARATUS ACTUALLY DESIGNED TO KEEP THE MOST VULNERABLE PEOPLE OUT OF CANADA, AND TO RELEGATE NEWCOMERS OF COLOUR TO THE REALM OF “DIRTY WORK”.

 

 

THE THREE PILLARS OR STREAMS OF IMMIGRATION

 

 

ECONOMIC CLASS -                                          (A)           ENTREPRENEURS

                (B)           INVESTORS

                (C)          SELF-EMPLOYED

 

 

FAMILY CLASS -                                                  (A)           FAMILY SPONSORSHIPS

                (B)           INDEPENDENT IMMIGRANT  APPLICATIONS  *(INCLUDESASSISTED RELATIVES/ SELECTED WORKERS = TECHNICALLY ECONOMIC CLASS)

 

HUMANITARIAN                                                  (A)           REFUGEES (PERSECUTED ON THE  BASIS OF (i) POLITICAL ASSOCIATION, (ii)  MEMBERSHIP IN A  SOCIAL GROUP, (iii) RELIGIOUS  AFFILIATION,  (iv) NATIONALITY, OR (v) RACE).

                                                (B)           PERSONS ELIGIBLE UNDER SPECIAL  HUMANITARIAN MEASURES.

 

TEMPORARY                                                        (A)           WORK VISA

RESIDENTS -                                                          (B)           DOMESTIC

                (C)          STUDENT

                (D)           VISITORS

 

 

 

2)       THE SOCIOLOGY OF IMMIGRATION

 

A)      INSTRUMENT OF NATION-BUILDING == THEORETICAL èUNDERPINNINGS; CANADIAN SOCIETY'S AVOWED COMMITMENT TO ECONOMIC DEVELOPMENT AND PROSPERITY PLUS COMPASSION AND GENEROSITY TO THOSE IN NEED OF PROTECTION AND SANCTUARY.

B)      POLICIES AND PRACTICE == FILM: “WHO GETS IN.” è ECOMONIC, FAMILY AND HUMANITARIAN

C)      RELATIONS OF POWER AND SOCIAL STRATIFICATION è{REFLECTED IN SOCIAL PROBLEMS LIKE “FOREIGN CREDENTIALISM;” WOMEN OF COLOUR “JOB-GHETTOS”.

D)      PARADIGM OF TRANSNATIONALISM {READINGS} è   EXAMINING THE NEW PROCESSES OF IMMIGRATION    SETTLEMENT, ADAPTION AND INTEGRATION.

 

 

 

3)       CRITIQUES OF IMMIGRATION: INTERROGATING THE SOCIAL FACTS

 

A)      THE IMMGRATION AND REFUGEE SYSTEM AS SEXIST, RACIST AND CLASSIST.

B)      THE CANADIAN STATE APPARATUS IS ACTUALLY DESIGNED TO KEEP THE MOST VULNERABLE PEOPLE OUT OF CANADA, CONTRARY TO ITS THEORETICAL UNDERPINNINGS AND/OR AVOWED PRINCIPLES.}}

 

[SYSTEM DISCRIMINATORY - NOT NECESSARILY EXPLICITLY OR DELIBERATELY BUT THROUGH APPLICATION OF SEEMINGLY NEUTRAL RULES THAT NEGATIVELY IMPACT THE MOST VULNERABLE]

 

DEFINITION OF TERMS:

 

MIGRANT (SOMEONE WHO COMES TO CANADA TO WORK == EX: AGRICULTURAL WORKERS; LIVE-IN CAREGIVERS)

IMMIGRANT (PERSON BORN OUTSIDE CANADA (“FOREIGN BORN”) SEEKING OR HAS RECEIVED PERMANENT RESIDENT STATUS.

CONVENTION REFUGEE (ANY PERSON UNDER THE PROVISIONS OF THE UNITED NATIONS CONVENTION RELATEDTO THE STATUS OF REFUGEES SIGNED AT THE GENEVA CONVENTION ON JULY 28, 1951, AND INCLUDES THE PROTOCOL THERETO SIGNED AT NEW YORK ON JANUARY 31, 1967) è {POST-WORLD WAR II EUROPEAN MODEL WHILE TODAY REFUGEES COME FROM THE DEVELOPING WORLD}

LANDING (MEANS LAWFUL PERMISSION O COME INTO CANADA TO ESTABLISH PERMANENT RESIDENCE)

CANADIAN CITIZEN (MEANS A PERSON WHO IS A CITIZEN WITHIN THE MEANING OF THE CITIZENSHIP ACT.

 

CANADIAN CONTEXT FOR IMMIGRATION:

 

CONTEXT: IMMIGRATION IS NECESSARY TO ECONOMY --- {“RESERVE ARMY” COMPRISED OF HIGHLY SKILLED AND TECHNICHAL WORKERS, ON THE ONE HAND è AND ON THE OTHER HAND, A LARGE SEGMENT OF NEWCOMERS WHO TEND TO BE RELEGATED TO THE REALM OF “DIRTY WORK” {WORK CANADIAN CITIZENS DON'T WANT TO DO} ---

(I)      UNSKILLED (AGRICULTURAL WORKERS, LIVE-IN CAREGIVERS),

(II)     UNDERGROUND – BLACKMARKET-- WORK THAT KEEPS THE ECONOMY AFLOAT, AND

(III)   VULUNERABLE-INDENTURED WORKFORCE (SWEATSHOPS LABOUR, IN-HOME LABOUR AND “SEX-TYPE” LABOUR. [EX: THE CONTROVERSIAL “STRIPPER VISA PROGRAM” THAT WAS INTRODUCED TO RECTIFY A SHORTAGE OF EXOTIC DANCERS IN CANADA. RECORDS SHOW THAT MORE THAN 550 TEMPORARY VISAS WERE GRANTED TO ROMANIANS IN 05 — MORE THAN 80 PER CENT OF THOSE WHO QUALIFIED UNDER THE PROGRAM.]).

 

B)      NEXT, WE CONSIDER {FILM/READINGS} THE WAYS THE CANADIAN STATE APPARATUS IS ACTUALLY DESIGNED TO KEEP THE MOST VULNERABLE PEOPLE OUT OF CANADA, CONTRARY TO ITS THEORETICAL UNDERPINNINGS AND/OR AVOWED PRINCIPLES.

 

STRATEGIES OF EXCLUSION

 

I)       REFUGEE DETERMINATION (PROCESS AS) EUROCENTRIC AND ANDROCENTRIC BIAS;

II)      VISITOR'S VISA REQUIREMENTS COUNTRIES LIST DEVELOPING COUNTRIES};

III)     GOVERNMENTAL INTERDICITON {FINES FOR AIRLINES/ UNDOCUMENTED MIGRANTS};

IV)     ADMISSIBILITY CRITERIA/REQUIREMENTS;

V)      VISA OFFICE/EMBASSY PLACEMENTS

 

ARBITRARINESS OF THE SYSTEM[[?]]

 

I)       REFUGEE DETERMINATION – EUROCENTRIC AND ANDROCENTRIC FRAMEWORK IS ABSENT TO ISSUES OF SEXUAL ORIENTATION, GENDER, ENVIRONMENTAL DISASTER/DISLOCATION, WAR DISLOCATION, ETC. – THESE ABSENCES MAKE IT HARDER FOR CERTAIN GROUPS OF PEOPLE TO COME TO CANADA BY “DELEGITIMIZING” THEIR PLIGHTS {BOGUS REFUGEES}.

 

II)      FAMILY CLASS – “FEMINIZED” BY VIRTUE OF FACT THAT THE SPONSORED NEWCOMER IS USUALLY A WOMAN è MALE SPONSORS FAMILY, LEAVING WOMEN FINANCIALLY DEPENDENT ON MALE SPONSORS è THE UNBALANCED POWER RELATIONSHIPS IN SPONSORSHIP PROGRAM PUTS WOMEN AT RISK.

 

III)     INDEPENDENT CLASS – “MASCULINIZED” BY VIRTUE OF THE FACT A POINT SYSTEM THAT EMPHASIZES ADMISSION CRITERIA (AGE/ EDUCATION/ LANGUAGE/ WORK EXPERIENCE/ ADAPTABILITY, ETC.)  THAT ARE THE PURVIEW OF “MALE ROLES” IN MANY SOCIETIES.

 

SOME EFFECT OF SEXIST, RACIST AND CLASSIST IMMIGRATION POLICIES

 

(I)      BARRIERS CREATE ILLEGALITY AND MAKE THE VULNERABLE     HAVE TO TAKE BAD JOBS.

(II)     THE PHENOMENON OF GLOBAL MIGRATION IS CAUSED BY FOREIGN POLICY, IMPERIALISM AND GLOBLAL                                   CAPITALISM. [I + II ='S VICIOUS SPIRAL]

 

STRATEGIES OF RESISTANCE

 

[WAYS PEOPLE RESIST THE DRACONIAN ASPECTS OF CANADIAN IMMIGRATION SYSTEM] ===

 

(I)      INTERNATIONAL ACTIVIST MOVEMENTS (E.G., “OPEN BORDERS” POLICY/ PHILOSOPHY).

(II)     LOCAL COMMUNITY ORGANIZATIONS (E.G., CANADIAN COUNCIL FOR REFUGEES {PUBLIC POLICY INITIATIVES/                       RESEARCH} --- CANADIAN CHURCHES “SANCTUARY” ISSUES/NEGOTIATIONS WITH MINISTER AND GOVERNMENT)

 

 

D)      PARADIGM OF TRANSNATIONALISM

 

I)       SOCIAL PRACTICES OF IMMIGRANTS AND ETHNIC GROUPS SEEM INCREASINGLY TO REFLECT A TRANSNATIONAL APPROACH TO SOCIAL LIFE AND CITIZENSHIP.

II)      IMMIGRANTS ARE INCREASINGLY CHARACTERIZED NOT AS BEING UPROOTED BUT RATHER AS MAINTAINING LINKS TO THEIR HOMELAND THROUGH DEVELOPED NETWORKS, ACTIVITIES, PATTERNS OF LIVING AND IDEOLOGIES THAT SPAN NATIONAL BORDERS (BASCH, SCHILLER AND BLANC 1994)

III)     RESULT: ISSUES OF ETHNIC AND RACIAL INEQUALITY, EXPLOITATION, AND DISCRIMINATION HAVE BECOME MORE COMPLEX AS THE CLASS, ETHNIC AND RACIAL COMPOSITION OF IMMIGRATION FLOW TO CANADA HAS BROADENED è      [THEREFORE, IT IS SUGGESTED, WE AS STUDENTS NEED A BROADER LENS TO INCLUDE ISSUES OF TRANSNATIONAL CITIZENSHIP AND IDENTITY {TRANSNATIONAL- ENTREPRENEURSHIP, -MEDIA, -TERRORISM, GLOBALIZED/ORGANIZED CRIME {DRUG TRADE / WEAPONS TRAFFICKING /MONEY LAUNDERING / BANK FRAUD /MIGRANT SMUGGLING , ETC} – RESEARCH THAT LOOKS BEYOND THE BOUNDRIES OF CANADA]

 

2)       MULTICULTRUALISM

 

QUESTION: IS MULTICULTURALISM A MANDATORY REQUIREMENT FOR CONSTRUCTIVELY ENGAGING DIVERSITY IN THE 21ST CENTURY, OR IS IT A FORM OF SOCIAL MADNESS?

 

THESIS: THE POLICY OF MULTICULTURALISM IN CANADA FALLS SHORT OF ITS MAIN OBJECTIVES OF BREAKING DOWN DISCRIMINATORY ATTITUDES AND CULTURAL BARRIERS TO MINORITIES’ FULL PARTICIPATION IN SOCIETY

 

A)      MULTICULTUALISM AS A VARIANT OF CULTURAL PLURALISM AND THE PROBLEM OF SOCIAL COHESION

 

[WE BEGIN OUR DISCUSSION OF MULTICULTURALISM IN THE CONTEXT OF CHALLENGES OF DEALING CREATIVELY WITH THE INESCAPABLE REALITY OF “DIFFERENCE” AND OF FINDING GROUNDS FOR A UNITY-IN-DIVERSITY]

 

{{{THE PROBLEM COMPLEX OF THE 21ST CENTURY DWELLERS IS : HOW CAN WE TAKE DIFFERENCES INTO ACCOUNT? }}}

 

WHAT DOES IT MEAN TO TAKE DIFFERENCES SERIOUSLY? {MULTICULTURAL EDUCATION EXERCISE – ETHNOCENTRISM VS. ALTRU-CENTRISM?}

 

 

 

B)      THE MULTICULTURAL IMAGINATION ===  I.E., INDIVIDUALS WHO ARE MULTICULTURALLY IMAGINATIVE POSSESS THE ABILITY TO TAKE DIFFERENCES SERIOUSLY AND TAKE DIFFERENCES INTO ACCOUNT WHEN TRYING TO SEE THE WORLD FROM THE PERSPECTIVE OF OTHERS  ==== {ERGO}

 

THE MULTICULTURAL IMAGINATION LEGITIMATES THE DYNAMIC RICHNESS AND RESONANCE OF DIVERSITY

 

AS A PRACTICAL MATTER THIS MEANS === **** EMBRACING OF THE POLITICS OF DIVERSITY === COUNTER-HEGEMONY INVOLVES THE DIALECTICS OF INJUSTICE AND INCLUSION: FRAMING INJUSTICE AND PROMOTING INCLUSION]

...

 

 

 

C)      OFFICIAL CANADIAN VERSION OF MULTICULTURALISM

 

THE CANADIAN MULTICULTURAL ACT OF 1988 – STATED THAT “ALL CANADIANS ARE FULL AND EQUAL PARTNERS IN CANADIAN SOCIETY.”

 

THE DEPARTMENT OF MULTICULTUALISM AND CITIZENSHIP -- WAS ESTABLISHED IN 1991 WITH THE GOAL OF ENCOURAGING ETHNIC MINORITIES TO PARTICIPATE FULLY IN ALL ASPECTS OF CANADIAN LIFE AND AT THE SAME TIME MAINTAIN THEIR DISTINCT ETHNIC IDENTITIES AND CULTURAL PRACTICES.

 

THE OBJECT OF MULTICULTURALISM IS TO "PROMOTE UNITY THROUGH DIVERSITY".

 

 

 

D)      MAJOR ISSUES   

 

(1) CONFUSION ABOUT KINDS (DESCRIPTIVE REALITY VERSUS IDEOLOGY – RECOMMENDS A "BELIEF STRUCTURE" (DIVERSITY AND RESPECT) AND A "STRUCTURE OF ACTION" (EQUALITY AND PARTICIPATION).

 

 

 

E)      MULTICULTURAL DISCOURSES (PP. 231 BOLARIA)

 

LEVELS OF MEANING OF MULTICULTURALISM

 

As Fact

As Ideology

As Policy

As Practice

As Critical Discourse

Descriptive and empirical statement of what is [descriptive reality]

Prescriptive and projective statement of what ought to be in terms of ideas and ideals

Explicit government initiatives to foster social equality, cultural diversity, and national interests

Putting multicultural-ism into practice at two levels:

1) political

2) minority women and men

Challenge, resist, and transform the distribution of cultural power in society [institutional power-sharing between ethnoracial groups]

 

 

 

F)      PRIMARY POLITICAL DISCOURSES

 

CONSENSUAL AND CRITICAL MULTICULTURALISM

 

CANADIAN MULTICULTURALISM HAS BEEN CALLED “CONSENSUS MULTICULTURALISM” IN THAT IT FOCUSES ON INCLUSIVENESS WITHIN A PREEXISTING FRAMEWORK

 

[ON THE OTHER HAND --- “CRITICAL MULTICULTUALISM” IS AN COUNTER-HEGEMONIC PROJECT (LIKE POSTMODERNISM) THAT SEEK A COMPREHENSIVE CRITQUE OF DOMINATION AND COMPREHENSIVE NETWORKS OF ACTIVISM.]

CRITICAL MULTICULTUALISM EMPHASIZES THE PRINCIPLE THAT PEOPLE ARE FUNDAMENTALLY EQUAL, AND MAKES THIS THE BASIS FOR CHALLENGING HOW POWER AND PRIVILEGE ARE DISTRIBUTED AND HOW HISTORY AND LITERATURE ARE TAUGHT.

 

CRITICAL MULTICULTURALISM IS A DISCOURSE[S] THAT CHALLENGES, RESISTS, AND TRANSFORMS OTHER FORMS === IT CHALLENGES AUTHORITY, RESISTS WHITE HEGEMONY, AND TRANSFORMS SOCIETY BY CREATING SPACE FOR OTHER CULTURES.

 

IT REFUSES TO TREAT EUROPEAN CULTURE (I.E., WHITE, CAPITALIST, MALE-CENTRED, EXCLUSIONIST CULTURE) AS “NORMAL” CULTURE [GIROUX, 1994, EISENSTEIN, 1996; STAM, 1997] . IT QUESTIONS THE RIGHT OF EUROCENTRIC CULTURE TO DOMINATE OTHER CULTURES IN A WAY THAT FLATTENS DIVERSITY, WHILE PRIVILEGING EUROPEAN NORMS AS NECESSARY AND SUPERIOR [STAM, 1997]. AND IT QUESTIONS CULTURAL AND POLITICAL INSTITUTIONS THAT ELEVATE “WHITE” STANDARDS AND VALUES OVER THOSE OF OTHER CULTURES {D'SOUZA, 1995].

 

IT SEES OLD-STYLE, CONSENSUS MULTICULTUALISM AS A FORM OF PLURALISM THAT DENIES THE HISTORICAL IMPORTANCE OF POWER RELATIONS; IN CONTRAST, CRITIAL MULTICULTUALISM SETS OUT TO PROMOTE HISTORICAL MEMORY, NATIONAL IDENTITY, AND THE POLITICS OF DIFFERENCE [GIROUX. 1994:336].

 

CRITICAL MULTICULTURALISM CALLS FOR A PROFOUND TRANSFORMATION OF POWER RELATIONS. IT SEEKS TO MOBILIZE MARGINALIZED GROUPS, TRANSFORM INSTITUTIONS TO CREATE SOCIAL AND CULTURAL SPACE, AND DISMANTLE DOMINANT INSTITUTIONAL STRUCTURES.

 

 

3)       RACE AND RACISM

 

QUESTION: DO RACE PROBLEMS BEGIN AS LABOUR PROBLEMS?

 

THESIS: THE ANALYSIS OF INSTITUTIONAL RACISM MUST BE LINKED TO THE ANALYSIS OF THE PROCESS OF CAPITAL ACCUMULATION (PP. 180 BOLARIA – SOCIAL STRATIFICATION: CLASS AND RACIAL INEQUALITY).

 

I)       FORMS OF RACISM

 

RACISM {AS A PROCESS} =’S PREJUDICE + DISCRIMINATION + POWER [TO CONTROL, EXCLUDE AND/OR EXPLOIT]

 

RACISM – {AS AN ACT} IS THE DENIAL OF EQUAL TREATMENT OR ACCESS TO VALUED RESOURCES  ON THE BASIS OF RACE.

 

MOST PEOPLE TEND TO THINK OF RACISM ONLY IN TERMS OF AN "OVERT ACT" OF INTOLERANCE AGAINST PEOPLE OR PROPERTY, LIKE A "HATE CRIME" -- EX: ANTI-SEMITIC OR ANTI-BLACK BEHAVIOR.

 

BUT, SOCIOLOGISTS HAVE FOUND THAT RACISM OPERATES IN MANY FORMS [MULTIDIMENSIONAL], AND AT COVERT AND OVERT LEVELS:

 

(A)     EXPRESSIONS CAN BE WILFUL, DELIBERATE, CONSCIOUS, OR THEY CAN BE INDIRECT, UNINTENTIONAL, AND UNCONSCIOUS.

 

(B)     THESE EXPRESSIONS ARE REFLECTED IN INDIVIDUAL ATTITUDES AND BELIEF SYSTEMS AND IN INSTITUTIONAL AND        SOCIETAL POLICIES AND REGULATIONS.

 

SOCIOLOGIST SPEAK OF THESE DIFFERENT FORMS OF RACISM AS:

 

(1)     INDIVIDUAL RACISM: IS A FORM OF RACIAL DISCRIMINATION THAT STEMS FROM CONSCIOUS, PERSONAL PREJUDICE. (EX: SLURS, DEROGATORY BEHAVIOURS).

 

(2)     EVERYDAY RACISM -- INVOLVES THE MANY AND SOMETIMES SMALL WAYS IN WHICH RACISM IS EXPERIENCED BY PEOPLES OF COLOUR IN THEIR INTERACTIONS WITH THE DOMINANT WHITE GROUP. (EX: GLANCES, GESTURES, FORMS OF SPEECH AND PHYSICAL MOVEMENTS).

 

(3)     CULTURAL RACISM -- MEANING BASICALLY THAT WE CAN CONCEIVE OF DISCRIMINATION ON THE BASIS OF ONE'S CULTURAL IDEAS, NORMS, VALUES AND MORAES.

 

(4)     SYSTEMIC RACISM:

 

(A)     INSTITUTIONAL -- IS MADE UP OF THE RULES, PROCEDURES, AND PRACTICES THAT DELIBERATELY PREVENT MINORITIES FROM HAVING FULL AND EQUAL INVOLVEMENT IN SOCIETY.

 

(B)     STRUCTURAL RACISM -- INEQUALITIES ROOTED IN THE SYSTEM-WIDE OPERATION OF A SOCIETY THAT EXCLUDE SUBSTANTIAL NUMBERS OF MEMBERS OF PARTICULAR GROUPS FROM SIGNIFICANT PARTICIPATION IN MAJOR SOCIAL INSTITUTIONS.

 

 

IMPORTANT SOCIOLOGICAL CAVEAT: SINCE THE DOMINANT WHITE SOCIETY IN CANADA TEND TO SEE RACISM AS AN INDIVIDUAL  PHENOMENON, STEMMING FROM PERSONAL PREJUDICE, AND EXPRESSED ACTS OF INTOLERANCE =====>  THERE IS AN ASSUMPTION THAT RACISM IS THE RESULT OF IGNORANCE OR MALEVOLENCE ON THE PART OF INDIVIDUALS, AND THAT EDUCATION IS ALL THAT IS REQUIRED FOR AMIELIORATION ======> MANY SOCIOLOGISTS SUGGEST THAT THE ANALYSIS OF RACISM THAT IS INHERENT IN THESE EFFORTS AND PRACTICES {EG. FOCUS ON MULTICULTURAL EDUCATION AND INCREASING INTERCULTURAL CONTACTS} ARE DOOMED TO BE OF LIMITED VALUE AND SUCCESS, AND CONTRIBUTES TO FURTHER “MYSTIFICATION” OF SYSTEMIC RACISM  =======> MOREOVER, IT IS NOTHING MORE THAN THE ATTEMPT TO “GIVE THE APPEARANCE OF CHANGE WITHOUT CHANGING THE STATUS QUO” (BOLARIA AND LI 1985:29).

 

 

THE CRIMINAL JUSTICE SYSTEM

[INEQUALITIES IN CLASS RACE AND GENDER]

 

CLASS ====> CRITICAL CRIMINOLOGISTS ESSENTIALLY AGREE THAT THE COST TO SOCIETY OF CORPORATE CRIME FAR EXCEEDS THAT OT STREET CRIME ===> YET, THERE IS DIFFERENTIAL SENTENCING FOR STREET CRIME INVOLVING POOR AN WORKING-CLASS OFFENDERS AS COMPARED WITH MIDDLE-CLASS OR WEALTHIER OFFENDERS

 

{i}   THE CRIMINAL JUSTICE SYSTEM {OFTEN} REFUSES TO LABEL AND TREAT AS CRIME A LARGE NUMBER OF ACTS OF THE RICH THAT PRODUCE AS MUCH OR MORE DAMAGE TO LIFE AND LIMB AS THE CRIMES OF THE POOR {{E.X., REFUSAL TO MAKE WORKPLACES SAFE, REFUSAL TO CURTAIL DEADLY POLLUTION, PROMOTION OF UNNECESSARY SURGERY, AND PRESCRIPTIONS FOR UNNECESSARY DRUGS, CAUSE OCCUPATIONAL AND ENVIRONMENTAL HAZARDS TO INNOCENT MEMBERS OF THE PUBLIC AND PRODUCE AS MUCH DEATH, DESTRUCTION, AND FINANCIAL LOSS AS THE SO-CALLED “STREET CRIME” OF THE POOR. HOWEVER THESE CRIMES OF THE WELL -OFF, OR [“SUITE” OR “ELITE' CRIME,” IS RARELY TREATED AS SEVERE AS THOSE OF THE POOR}}.

 

{ii}   EVEN AMONG THE ACTS TREATED AS CRIMES, THE CRIMINAL JUSTICE SYSTEM IS BIASED FROM START TO FINISH IN A WAY THAT GUARANTEES THAT, FOR THE SAME CRIMES, MEMBER OF LOWER CLASSES ARE MUCH MORE LIKELY THAN MEMBERS OF THE MIDDLE AND UPPER CLASSES TO BE ARRESTED, CONVICTED, AND IMPRISONED – THUS PROVIDING LIVING "PROOF" THAT CRIME IS A THREAT FROM THE POOR.

 

RACE =====> THE OVERREPRESENTATION OF ABORIGNAL PEOPLES IN THE CRIMINAL JUSTICE SYSTEM IS ONE LEGACY OF THE DESTRUCTION AND DISLOCATION OF INDIGENOUS PEOPLES THAT TOOK PLACE UNDER “EUROPEAN COLONIALISM”

 

{i} AND OVERINVOLVEMENT IN CRIME IS ONE OF THE SOCIAL PROBLEMS THAT HAVE BEEN GENERATED BY THE “PASSIVE GENOCIDE” PERPETUATED AGAINST ABORIGIANL PEOPLES, LARGELY UNDER TH RHETORIC AND GUISE OF “ASSIMILATION.”

 

{ii} THE OVER-REPRESENTATION OF ABORIGINALS IN THE JUSTICE SYSTEM TENDS TO INDICATE THE EXISTENCE OF “SOCIAL RANTHER THAN “CRIMINAL” PROBLEMS {THE MOST CENTRAL SOCIAL PROBLEMS IN THE AREA OF CRIME AND ITS TREATMENT ARE THE ONES THAT SOCIETY CREATES FOR ABORIGNIAL INDIVIDUALS – NOT THOSE CREATED BY ANY INDIVIDUAL CRIMINAL PATHOLOGY ===> THE PROBLEM IS “RACISM.”

{iii} THE PUBLIC PERSCEPTION OF ABORIGINAL PEOPLE AS “DRUNKS,” “LAZY,” AND “CRIMINAL” HAS LONG CONFUSED SYMPTOMS WITH THE UNDERLYING CAUSES OF THESE SOCIAL PROBLEMS =====> ALLOWING FOR A ONE-WAY STREET OF CRIMINAL JUSTICE POLICIES AND PROGRAMS THAT ADDRESS THE “PROBLEMS OF CIRME” WITHOUT SERIOUSLY CHALLENGING THE STATUS QUO OF THE CANDIAN POLITICAL ECONOMY =====>

 

{vi} SOCIOLOGICAL FORMULATION :{POWER/ CULTURE/ IDEOLOGY COMPONENTS OF “THE INDIAN PROBLEM” OR “INDIANS IN CONFLICT WITH THE LAW”}  THE CRIMINALIZATION OF A GROUP IS DEPENDENT ON THOSE IN POWER DEVELOPING STRONG IDEOLOGIES AND TYPIFICATIONS THAT JUSTIFY THEIR CONTROL OVER SUBJECT POPULATIONS  

 

 

THE SEARCH FOR POST-COLONIAL JUSTICE

 

1)  ABORIGINAL POLICING [IN 1992, THE FEDERAL GOV'T ANNOUNCED A POLICY OF TRANSFERRING ALL ON-RESERVE POLICING TO BANDS BY YEAR 2000].

2)  INDIGENIZATION [ATTEMPTS TO MAKE CURRENT SYSTEM LESS ALIENATING WITHOUT CHANGING STRUCTURE AND CONTROL]

3)  INDIAN ACT PROVISIONS FOR ON-RESERVE JUSTICE INITIATIVES [ON-RESERVE COURTS, ETC]

4)  DIVERSION PROGRAMS AND RELATED ACTIVITIES [ALTERNATIVES TO JUSTICE SYSTEM PROCESS, SUCH AS, PRE- OR POST-CHARGE PRE-PLEAD; ABORIGINAL LEGAL SERVICES OF TORONTO, ETC]

5)  ELDERS PANELS AND SENTENCING CIRCLES [REPLACING “FLY-IN SUITCASE” PUNITIVE JUSTICE].

6)  YOUTH OFFENDER INITIATIVES. [ALTERNATIVES TO INCARERATION FACILITIES AND PROGRAMS]

7)  ABORIGINAL INITIATIVES IN PRISON [PROGRAMS DESIGNED TO MEET OFFENDER NEEDS, SUCH AS A NEW HOLISTIC HEALING FACILITY OPENED NEAR EDMONTON; OR THE ONE AT MAPLE CREEK FOR FEDERALLY SENTENCED ABORIGINAL WOMEN]. {“SOCIAL ISSUES AND CONTRADITIONS” PP. 286}

 

GENDER ======> THE FOCUS ON CAPITALISM (CLASS) AND PATRIARCHY (GENDER) AND THE MANNER IN WHICH CLASS AND GENDER RELATIONS ARE MANIFESTED IN THE PRODUCTIVE AND REPORDUCTIVE SPHERES OF SOCIETY

 

{i} CANADA [SINCE THE 1970S] IS SAID TO BE WITNESSING THE RISE OF THE “NEW FEMALE CRIMINAL” AS A RESULT OF THE ENCROACHMENT OF LIBERATED WOMEN ON A TRADITIONAL MALE PRESERVE ====> SOCIAL ROLES FOR WOMEN ARE CHANGING, WITH GREATER INVOLVEMENT IN ALL SPHERES, “LEGITIMATE AND ILEGITIMATE” INCLUDING THE CRIMINAL JUSTICE SYSTEM [THE CONVERGING ROLE THESIS].

 

{ii} IN KEEPING WITH THE RAPID INCREASE IN FEMALE-HEADED HOUSEHOLDS AND THE STRESSES ASSOCIATED WITH POVERTY, GREATER NUMBERS OF WOMEN ARE BEING CHAGED WITH SHOPLIFTING, CHEQUE FORGING AND WELFARE FRAUD =====> CONTINUING 3XTENSIVE FEMALE JOB GHETTOIZATION,THE FEMINIZATION OF POVERTY, AND THE DEVELOPMENT OF A YOUTH CONSUMER MARKEY FREQUENTLY DIRECTED AT TEENAGE FEMALES ARE BASIC TO THE UNDERSTANDING OF FEMALE PATTERNS AND RATES OF INVOLVEMENT IN CRIME.

 

{iii} CENTRAL TO THE SUBJUGATION OF FEMALES IN PATRIARCHAL AND CAPITALIST SOCIETY IS AN HISTORICAL MIXTURE OF NEGLECT, OUTRIGHT BARBARISM, AND WELL-MEANING PATERNALISM ====> FEMALE OFFENDERS HAVE BEEN CONTRADICTORILY PORTRAYED AS “POOR AND UNFORTUNATE” WOMEN IN NED OF PROTECTION AND AS “SCHEMING TEMPTRESSES WHO ARE LAZY AND WORTHLESS”

 

FEMINIST CRIMINOLOGY ======> WHAT IS NECESSARY IS A DISTINCTLY “FEMINIST” CRIMINOLOGY WHICH CAN EXPLAIN CRIME IN GENERAL WHILE STUDYING WOMEN IN PARTICULAR. THE GOAL OF SUCH AN INVESTIGATION SHOULD BE NOT ONLY TO UNDERSTAND THE INVOLVEMENT OF WOMEN IN OFFICIALLY RECORDED CRIME, BUT TO UNDERSTAND THE OPPRSSION OF WOMEN, WITHOUT THIS BECOMING A TOOL OF OPPRESSION ITSELF ======> MANY NOW BELIEVE WHAT IS NEEDED IS A DYNAMIC AND INTEGRATED ANALYSIS OF THE INTER-RELATIONSHIPS BETWEEN PATRIARCHY, CAPITALIST SOCIETY, AND STATE CONTOL OF WOMEN.