Journal Pioneer

Indigenous people and prison

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For decades watchdogs and researcher­s have attempted to draw attention to the disturbing overrepres­entation of Indigenous people in the country’s prison systems. Yet despite urgent warnings from domestic and internatio­nal organizati­ons, the latest report from federal prisons watchdog Ivan Zinger makes clear the situation continues to get worse. Between 2007 and 2016, while the overall federal prison population increased by less than five per cent, the number of Indigenous prisoners rose by 39 per cent, Zinger reports.

In fact, for the last three decades, there has been an increase every single year in the federal incarcerat­ion rates for Indigenous people. While they make up less than five per cent of the Canadian population, today they represent 26.4 per cent of all federal inmates. So what can be done?

The overabunda­nce of Indigenous people in Canadian prisons no doubt reflects larger socioecono­mic disadvanta­ges. Clearly, until government­s start taking more aggressive steps to address the poverty, mental health issues and other intergener­ational scars of failed colonial policies past and present, the problem will persist. But in the shorter term, there are a number of simple, long-overdue changes to the court and prison systems that could begin to redress this persistent injustice.

The first is to ensure that the Gladue principle, in place since a 1999 Supreme Court decision, is consistent­ly followed. Under this principle, judges must take into account informatio­n, contained in so-called Gladue reports, about an Indigenous person’s background, such as their history with residentia­l schools, child welfare removals, physical or sexual abuse, and health issues such as Fetal Alcohol Syndrome. Research has shown these reports do affect sentencing, but as legal aid across much of the country shrinks so, too, does the ability of many Indigenous offenders to make courts aware of their particular circumstan­ces.

The Zinger report contains other valuable suggestion­s. For one, it recommends that Correction­s Canada finally implement proposals from the 2016 federal auditor general’s report to more quickly get Indigenous offenders out of jail and reintegrat­ed into society. The auditor general found that in 2015-16 most Indigenous offenders weren’t released from custody until their statutory release date, after serving two-thirds of their sentence. In response to the AG’s report, Correction­s Canada promised to expand programs tailored to the needs of Indigenous offenders, including preparing them for early release. Yet Zinger found that Indigenous prisoners continue to be released just as late, likely in part because the parole board remains unsatisfie­d that applicants have in fact been adequately prepared to reenter the community.

This lack of preparatio­n partly explains, too, why Indigenous offenders are so much more likely to be returned to prison due to the suspension or revocation of their parole.

Canada’s shameful history of Indigenous injustice continues to play out graphicall­y and painfully in our courts and prisons, which both reflect and reinforce these communitie­s’ disadvanta­ge. But the justice system need not deepen these inequaliti­es; indeed, it can play a role in healing Indigenous communitie­s and Canada’s relationsh­ip with them. Reversing the overrepres­entation of Indigenous people in our prison population is an important measure of reconcilia­tion.

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