Why Indigenous Peoples Are Over-Incarcerated in Canada | NDN POV | TVO Today

Summary

The over-incarceration of Indigenous peoples in Canada is a deepening crisis and a form of genocide rooted in systemic racism. Indigenous people, representing 5% of Canada’s population, make up over 30% of the incarcerated population, facing worse conditions and outcomes in prisons. The history of colonialism, forced displacement, and systemic bias has created a cycle of disadvantage leading to higher incarceration rates. The government’s failure to address this crisis, despite repeated calls for action, has exacerbated the issue. Indigenous communities must regain control over responses to crime, with a focus on reintegration and decarceration efforts.

Takeaways

• 😀 Indigenous peoples in Canada are over-incarcerated, representing a form of genocide and a grave human rights violation.
• 😀 The Canadian justice system is inherently racist against Indigenous peoples, as demonstrated by higher incarceration rates and worse conditions for Indigenous prisoners.
• 😀 Indigenous people are not more prone to crime, but are policed more heavily and disproportionately targeted by the justice system.
• 😀 Indigenous peoples make up 5% of Canada's population but represent 32% of federal prisoners and 42% of provincial jail inmates.
• 😀 Indigenous prisoners face worse outcomes, including longer sentences, higher security levels, and segregation, particularly in Structured Intervention Units (SIUs).
• 😀 The United Nations and Canadian authorities, including the Correctional Investigator, have recognized the over-incarceration crisis, but little has been done to address it.
• 😀 The history of colonialism, including forced assimilation, residential schools, and child removals, has led to systemic discrimination that continues to affect Indigenous people today.
• 😀 Indigenous women are the fastest-growing group in Canadian federal custody, with over 50% of women in federal prisons being Indigenous.
• 😀 Systemic discrimination and bias in Canadian society create a cycle where Indigenous youth are more likely to be incarcerated, leading to intergenerational impacts on families and communities.
• 😀 The Gladu decision acknowledges the impact of colonial history on Indigenous offenders, but the system often uses this history as a risk factor rather than a mitigating one in sentencing.
• 😀 The government of Canada needs to implement an Indigenous decarceration strategy to reduce over-incarceration, focusing on community-based reintegration rather than punishment.

Q & A

What is the significance of over-incarceration of Indigenous peoples in Canada?

The over-incarceration of Indigenous peoples in Canada is seen as a form of genocide, with profound human rights violations. It highlights systemic racism within the justice system, where Indigenous people are disproportionately policed and incarcerated, often due to historical colonialism and ongoing discrimination.

Why are Indigenous people disproportionately incarcerated in Canada?

Indigenous people are disproportionately incarcerated not because they commit more crimes, but because they are policed more heavily. A study by the Department of Justice confirmed that Indigenous people face higher rates of arrest and imprisonment due to systemic biases and discriminatory practices.

What are the statistics related to the over-incarceration of Indigenous peoples in Canada?

Indigenous peoples represent just 5% of Canada's population but account for 32% of those incarcerated in federal prisons and 42% in provincial jails. Additionally, Indigenous prisoners face worse correctional outcomes, including longer detention periods, higher security levels, and limited access to programs.

What are 'structured intervention units' (SIUs), and how are Indigenous prisoners affected by them?

SIUs are solitary confinement units used to segregate prisoners. Indigenous prisoners make up 43.9% of all time spent in SIUs, which often leads to psychological distress, especially considering the historical trauma faced by this population due to colonization.

How does the Canadian justice system continue to fail Indigenous peoples despite widespread awareness of the issue?

Despite widespread awareness, including calls from the United Nations and reports by the Correctional Investigator of Canada, little has been done to address the over-incarceration crisis. Over the past 30 years, the incarceration rates have continued to rise, demonstrating a failure of the justice system to act on the numerous recommendations made.

What role does colonial history play in the over-incarceration of Indigenous peoples?

Colonialism is the root cause of the over-incarceration of Indigenous peoples in Canada. It began with the displacement of Indigenous communities from their lands, and continued through policies like the residential schools, forced sterilizations, and the 60s Scoop, which have left lasting generational impacts that manifest today in higher incarceration rates.

Why are Indigenous women particularly affected by the over-incarceration crisis?

Indigenous women are the fastest-growing subpopulation in Canadian prisons. Nearly 50% of women in federal custody are Indigenous, and they face additional challenges like being transferred to prisons far from their communities, which disrupts their family and cultural support systems.

What is the 'Gladue principle,' and how does it relate to sentencing Indigenous offenders?

The Gladue principle, stemming from a Supreme Court decision, requires judges to consider the effects of colonization when sentencing Indigenous offenders. It involves using a Gladue report to explore the individual's background, including family dysfunction, trauma, and lack of education, with the aim of adjusting sentencing. However, this principle is often misused by corrections as a risk factor, rather than a mitigating factor.

How does the foster care system contribute to the over-incarceration of Indigenous peoples?

The foster care system disproportionately affects Indigenous children. Studies show that two-thirds of Indigenous inmates in adult corrections have been in foster care, compared to one-third of non-Indigenous inmates. This early trauma often leads to higher chances of entering the criminal justice system later in life.

What solutions are proposed to address the over-incarceration of Indigenous peoples in Canada?

A key solution is implementing an Indigenous decarceration strategy, which would reallocate resources from prisons to community-based reintegration efforts. Additionally, the government must fulfill its commitments to reduce Indigenous overrepresentation in the justice system, while allowing Indigenous communities to regain control over their own justice systems.