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Why are indigenous people overrepresented in Canadian criminal justice system?

Posted on November 29, 2022 by Author

Table of Contents

  • 1 Why are indigenous people overrepresented in Canadian criminal justice system?
  • 2 What percentage of the prison population is Native American?
  • 3 What is the incarceration rate of indigenous people in Canada?
  • 4 How did indigenous culture shape the development of Canada?
  • 5 Can Indigenous prisoners serve their sentences in supported ways?

Why are indigenous people overrepresented in Canadian criminal justice system?

In 1996, the Report of the Royal Commission on Aboriginal Peoples was released. It found that the greatest contributor to overrepresentation were the colonial values underlying Canadian criminal laws, policies and practices that have had negative impacts on Indigenous peoples.

What percentage of the prison population is Native American?

In jails, Native people had more than double the incarceration rate of white people, and in prisons this disparity was even greater. Native people made up 2.1\% of all federally incarcerated people in 2019, larger than their share of the total U.S. population, which was less than one percent.

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What is overrepresentation of indigenous peoples?

Aboriginal over-representation is the end point of a series of decisions made by those with decision-making power in the justice system. An examination of each of these decisions suggests that the way that decisions are made within the justice system discriminates against Aboriginal people at virtually every point.

What is the incarceration rate of indigenous people in Canada?

The Office of the Correctional Investigator reports the incarceration rate of Indigenous people is now at 26.4 per cent of the federal prison population, while they comprise only four per cent of the Canadian population. Incidentally, the Canadian crime rate has fallen in the last 20 years.

How did indigenous culture shape the development of Canada?

Though severely threatened — and in certain cases extinguished — by colonial forces, Indigenous culture, language and social systems have shaped the development of Canada and continue to grow and thrive despite extreme adversity. In Canada, the term Indigenous peoples (or Aboriginal peoples) refers to First Nations, Métis and Inuit peoples.

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How does Canada’s justice system work against indigenous people?

The Canadian justice system works against Indigenous people at every level, from police checks and arrests to bail denial and detention, sentencing miscarriages and disparities and high incarceration rates. These trends are also well-documented in countries like the United States, Australia and New Zealand.

Can Indigenous prisoners serve their sentences in supported ways?

There are already existing remedies in the Correctional and Conditional Release Act, Sections 81 and 84, that allow for agreements in the community where Indigenous and non-Indigenous prisoners can serve their sentence and parole in a supported way.

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