As someone who is interested in criminal law, and prosecution in particular, I often feel as though I am on a different playing field completely than most of my peers in the Designing Legal Expert Systems course. As the government is not exactly known for spearheading innovation, the kinds of advancements I imagine myself creating in my career are very different than the kinds of advancements my classmates can expect in private practice or the type of innovation discussed in this class.
It is not a secret that the criminal justice system is steeped in patriarchy and racism. Canadian state institutions were created by White men, for White men. This reality is evident in, one, the historical formal exclusion of women, Indigenous peoples, and other racialized and minoritized individuals. And two, the patriarchal legacy that has generated continued oppression and marginalization for the women and people of colour who attempt to take up space in these institutions. Some examples of this legacy are the extreme hierarchies in our court systems, the hostility towards brightly coloured clothing, and the overrepresentation of Indigenous people in our prisons, among many others.
This past summer I attended a Canada Bar Association webinar titled Women in Criminal Law. My expectations for these types of discussions tend to be quite low, as many I have attended in the past tend to focus on topics such as “work-life balance” and other topics that men never get asked about. However, I was pleasantly surprised by the types of things the panelists discussed – everything from what to do if you get your period in court to how not to get pressured into specializing in a “women’s issue” area, such as sexual assault.
Although the panelists’ advice and calls for action were inspiring, I was left with the impression that the court system is even more hostile to anyone other than White-cis men than I had previously thought. And this panel was only focused on how the criminal justice system treats female lawyers – how the criminal justice system treats women and minoritized individuals going through the system is an even bigger can of worms.
I recently began reading Progressive Prosecutions: Race and Reform in Criminal Justice, which represents the type of ‘innovations’ I imagine myself advocating for in my career as a prosecutor. The book’s thesis is that prosecutors play a key role in either enabling change within our criminal justice system or continuing to uphold the status quo. Although I do not imagine myself being able to make any major changes to the criminal justice system on my own, I hope to see many advancements in the field within my lifetime.