aboriginal overrepresentation in the canadian criminal justice system

Beattie, S., David, J-D., & Roy, J. Statistics Canada reports that these Indigenous figures should be used with caution because the coefficient of variation, which measures the sampling error, is between 16.6 and 33.3. The overrepresentation of Aboriginal youth in the Canadian justice system is clearly established as a historical and ongoing problem, indicative of the failure of the Canadian criminal justice system to meet the needs of Aboriginal peoples in Canada (Jackson, 1989; RCAP, 1996; LaPrairie, 2002; Rudin, 2005; Clark & Landau, 2012; Munch, 2012). “Unique persons” describes individuals who have entered custody within the reporting period. The rate of violent victimization for Indigenous women in 2014 was 220 violent incidents per 1,000 people, while the rate for Indigenous men was 110 per 1,000Footnote 3. It is difficult not to concur with Ovide Mercredi’s assertion that the root causes of Aboriginal over-representation in the criminal justice system can be found in the poverty and marginalization of Aboriginal people. Such childhood maltreatment is a risk factor for victimization. Persons are counted only once regardless of their number of contacts with custody within the referenced time period. “Victimization of Aboriginal people in Canada, 2014.” Statistics Canada. March 17, 2020 . For example, in 2014, a significantly higher proportion of Indigenous people than non-Indigenous people in Canada (aged 15+) reported being victimized in … ISBN 978-1-100-51281-5. “Re-contact with the Saskatchewan justice system.”. Aboriginal overrepresentation in the criminal justice system in NSW is a significant problem. The rate of violent victimization among Indigenous people was more than double that of non-Indigenous people (163 incidents per 1,000 people vs. 74). National data that does exist to identify Indigenous people in the criminal justice system include the General Social Survey (GSS) on self … In 2017/2018, Indigenous adults accounted for 30% of admissions to provincial/territorial custody and 29% of admissionsFootnote 11 to federal custody, while representing approximately 4% of the Canadian adult population. This represents an increase of 9% over this period. Admissions are counted each time a person begins any period of supervision in a correctional institution or in the community. This paper1 attempts to explain the vulnerability of aboriginal people to involvement in the criminal justice system in Canada. Aboriginal overrepresentation in the criminal justice system is one of the clearest markers of what the Supreme Court of Canada has referred to as “a crisis in the Canadian justice system.” Aboriginal overrepresentation is often thought of as a problem in western Canada but, in fact, In contrast, the number of unique non-Indigenous men who entered custody decreased from 1,621 to 1,492, which represents an 8% decrease. In contrast, the number of unique non-Indigenous adult women who entered custody over the same period increased from 166 to 233, which represents a 40% increase. This crisis is especially profound in the youth context. This debate has been ongoing since the early 1980s, with seemingly no end in sight. Malakieh, Jamil. The number of unique men, where Indigenous identity is unknown, decreased 19% from 296 to 241. In 2017, there was a 32% increase in the rate of homicides for Indigenous women victims (4.22 per 100,000 Indigenous women) from the previous year. The Royal Commission on Aboriginal Peoples (RCAP) identified three viable explanations, … 0 How can we transform Canada’s criminal justice system to better address Indigenous over-representation? Even when controlling for various risk factors, Indigenous identity was a risk factor for violent victimization of Indigenous women. 2018. 2018. Since 1989, eleven Royal Commissions or Commissions of Inquiry have addressed the issue of Indigenous justice either directly or as one among many questions regarding Indigenous people in Canada. Anand, Sanjeev. 2000. While representing an estimated 4.9% of the Canadian populationFootnote 7, Indigenous people accounted for 24% of all homicide victims in 2017.Footnote 8 The homicide rate for Indigenous people was 8.76 homicides per 100,000 Indigenous population, which is 6 times higher than for non-Indigenous people (1.42 homicides per 100,000 population). Criminal victimization in Canada, 2014. Indigenous people are overrepresented in the Canadian criminal justice system as both victims/survivors 8 and accused/convicted persons. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. This fact sheet also uses data from special studies conducted by the Canadian Centre for Justice Statistics at Statistics Canada, Statistics Canada’s Homicide Survey, and the correctional surveys from Statistics Canada: Adult Correctional Services Survey (ACS); Integrated Correctional Services Survey (ICSS); and Canadian Correctional Services Survey (CCSS). The vast overrepresentation of Indigenous people in the criminal justice system has received attention from high levels. Indigenous youth are overrepresented in both custody and community supervision, making up 48% of custody admissions and 39% of community admissions in 2017/2018 in the reporting jurisdictions. While the Youth Criminal Justice Act (YCJA) has reduced Canada’s overall youth incarceration rate in recent years, the relative proportion of detained Aboriginal youth has actually increased. The rate of violent victimization reported by non-Indigenous women was 81 per 1,000, and for non-Indigenous men was 66 per 1,000.Footnote 4 Indigenous women also reported a sexual assault rate of 115 incidents per 1,000 population, much higher than the rate of 35 per 1,000 reported by non-Indigenous women.Footnote 5. Over a three year period in Saskatchewan, the number of unique Indigenous men who entered custody decreased from 4,137 in 2015/2016 to 4,080 in 2017/2018, which represents a 1% decrease. In 2017/2018, Indigenous youth (aged 12-17) made up 43% of admissions to correctional services in the nine reporting jurisdictions,Footnote 15 while representing about 8% of the Canadian youth population. corrections system rising, says Statistics Canada report Opinion Indigenous youth need to be at home and in the community, not in jail Jasjit Goraya Canadian criminologists and policymakers alike have long debated the issue of “disproportionate minority confinement,” or the overrepresentation of minority youth in the criminal justice system. By choosing to implement sentencing reforms, the Canadian government tasked the judiciary with the reduction of Aboriginal over-incarceration rates. A defining feature of every stage in anadas Criminal Justice System (CJS)is Indigenous overrepresentation. Last year, the United Nations called on Canada to take “urgent measures” to reduce the overrepresentations of aboriginals and blacks in the criminal justice system and out-of … 2016. Overrepresentation of Indigenous People in the Canadian Criminal Justice System: Causes and Responses. The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. Perreault, S. 2015. More than one-third (38%) of persons accused of homicide in 2017 were identified by police as Indigenous.Footnote 9 This proportion has been increasing since 2014 when 31% of persons accused of homicide were Indigenous. In comparison, the homicide rate for Indigenous men (13.40 per 100,000 Indigenous men) increased by 2% in 2017. In 2017, the homicide rate for Indigenous people increased 8% from the previous year. 1470 0 obj <>/Filter/FlateDecode/ID[<025B593DB739DF4FBA69BB35A5F71979><8CBB459C7393EB49AE1B0688AE09C78D>]/Index[1455 26]/Info 1454 0 R/Length 91/Prev 504094/Root 1456 0 R/Size 1481/Type/XRef/W[1 3 1]>>stream Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. Among the eight jurisdictions that have reported correctional admissions consistently over the last decade, the proportion of Indigenous youth admissions to correctional services increased from 26% in 2007/2008 to 43% in 2017/2018.Footnote 16. h��S�KSa޳�����YkN��Sd�s� �mjs�LJ$%N�Ű��:̑� �P�M��"뢐‚��AbZ�]D!�.�����yw�����x��y�߁� �� `�oA�?����{, ��G�B��'. The number of unique women, where Indigenous identity is unknown, decreased 64% from 47 to 17. “Homicide in Canada, 2017.”. In 2014, 28% of Indigenous people (aged 15+) reported being victimized in the previous 12 months, compared to 18% of non-Indigenous peopleFootnote 1. Aboriginal women being over represented in the criminal justice system both as offenders and as victims of crimes. 1455 0 obj <> endobj OTTAWA—Figures from the Justice Department paint a dark picture of the state of indigenous incarceration, with aboriginal youth seriously overrepresented in the criminal justice system. Perreault, S. 2015. Winnipeg: Queens Printer. The American criminal justice system affects people in all walks of life, from street crime to domestic violence to white collar crime. When controlling for various risk factors, Indig… This has come about as the result of historical processes (such as colonisation and the creation of the reserve system) which have … Canada’s Aboriginal people, fetal alcohol syndrome & the criminal justice system. Notably, Indigenous women were more likely to report experiencing both physical and sexual maltreatment as a child than their male counterparts. Indigenous overrepresentation exists throughout the justice system. The proportion of Indigenous admissions was unknown in Prince Edward Island. 2016. ISBN 978-1-100-51281-5. Thinking of Getting Hair Restoration Abroad? Re-contact with the Saskatchewan justice system. 1480 0 obj <>stream The drastic overrepresentation of aboriginal peoples within both the Canadian prison population and the criminal justice system reveals a sad and pressing social problem. Report, Volume 1: The Justice System and Aboriginal People. The number of unique persons who have entered custody is defined as the count of individuals entering into custody during a specific time period. There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. These data describe and measure the flow of persons through correctional services over time. Key among the reasons for its never-ending nature include: the fact that policies often… Indigenous women had an overall rate of violent victimization that was double that of Indigenous men and close to triple that of non-Indigenous women. Indigenous women made up a greater proportion of custody admissions than their male counterparts, accounting for 42% of the women admitted to custody. In 2014, 28% of Indigenous people (aged 15+) reported being victimized in the previous 12 months, compared to 18% of non-Indigenous Canadians.Footnote 2 The rate of violent victimization among Indigenous people was more than double that of non-Indigenous people (163 incidents per 1,000 people vs. 74 incidents per 1,000 people). Indigenous people are overrepresented in Canada's criminal justice system as both victims and offenders. Each individual is counted only once regardless of subsequent contact with correctional services including changes in status (e.g., from remand or pre-trial detention to sentenced custody) and time spent in custody. The homicide rate for Indigenous men has been increasing consistently since 2014. In 2017, the rate of Indigenous men accused of homicide (18.05 per 100,000 Indigenous men) was 11 times higher than the rate of non-Indigenous men (1.69 per 100,000 non-Indigenous men). However, high victimization rates among Indigenous women cannot be fully explained by risk factors of victimization. It argues that one of the most important factors is a decline in interdependency among people in aboriginal communities. Victimization of Aboriginal people in Canada, 2014. “Adult and youth correctional statistics in Canada, 2017/2018.” Statistics Canada. Aboriginal peoples in Canada: Key results from the 2016 census. endstream endobj startxref An overlooked issue of national priorities is that this crisis continues to be ill-addressed. Aboriginal overrepresentation in the canadian criminal justice system essay. The shortcomings of the Criminal Justice System towards Aboriginal people are most clearly illustrated in the overrepresentation of Aboriginal people in Canadian penitentiaries. Excludes Prince Edward Island, Nova Scotia, Quebec, Alberta and Yukon due to unavailability of data. The overrepresentation of Indigenous people in the criminal justice system has received attention from high levels. Juristat Statistics Canada Catalogue 85-002-X. This report provides assessments of the problem by the Aboriginal Justice Inquiry of Manitoba (1991), The Royal Commission on Aboriginal Peoples (1996), by … This crisis is especially profound in the youth context. The rate of Indigenous men accused of homicide in 2017 was four times higher than the rate of Indigenous women accused (4.33 per 100,000 Indigenous women). %%EOF There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. The Canadian justice system is, at its heart, a system of individual responsibility, where sanctions are levelled at specific individuals for specific actions which can be demonstrated, in a court … The exercise of power and control by European settlers resulted in dispossession of land, disruption of culture and kinship systems, removal of children, racism, social exclusion, institutionalisation and entrenched poverty for Aboriginal people. The rate of Indigenous people accused of homicide in 2017 was 12 times higher than the rate of non-Indigenous accused (11.12 vs. 0.93 per 100,000 population). Reasons for the vast overrepresentation of Indigenous offenders and victims in the criminal justice system are discussed in this report. 2017. “Criminal victimization in Canada, 2014.”, Beattie, S., David, J-D., & Roy, J. This recognition equally applies to Aboriginal over-representation in criminal justice. Overrepresentation of Indigenous Peoples in B.C. Ottawa, ON : Aboriginal Corrections Policy Unit, Public Safety Canada . It noted that this over-representation of Indigenous peoples in Canada has been the subject of special attention in Canadian … Indigenous females had an overall rate of violent victimization that was double that of Indigenous males and close to triple that of non-Indigenous females. Excludes Nova Scotia, Quebec, Alberta and Yukon due to unavailability of data. h�bbd```b``�"f�HF7�rD2�˶�H�3`rX� A re-contact study with the Saskatchewan justice system found that Indigenous people were significantly more likely than non-Indigenous people to have re-contact with police following correctional involvement (80% vs. 57%).Footnote 19. overrepresentation of Indigenous youth in the criminal justice system is a result of the Canadian government’s failure to address social issues stemming from colonialism as well as the lack of concrete sentencing measures to address systemic This fact sheet uses data from the 2014 General Social Survey (GSS) on Victimization.Footnote 1 Every five years, the GSS on Criminal Victimization presents data on Canadians aged 15 years and older who report having been victimized in the previous twelve months. Statistics Canada catalogue no. Adult and youth correctional statistics in Canada, 2017/2018. For the province of Saskatchewan, the Canadian Centre for Justice Statistics reports on the number of unique personsFootnote 13 (as opposed to admissions) who have entered custody in order to get a more accurate indication of the proportion of people who come into contact with custodial services.Footnote 14 In Saskatchewan, over a three year period, the number of unique Indigenous adult women who entered custody increased from 1,008 in 2015/2016 to 1,098 in 2017/2018. In 2016-2017, Indigenous female youth accounted for 60 percent of all female youth admitted to provincial and territorial corrections systems (Statistics Canada, 2018a). News by. National data that does exist to identify Indigenous people in the criminal justice system include the General Social Survey (GSS) on self-reported victimization, police-reported homicide statistics, and data on provincial/territorial and federal custody. Statistics Canada conducted a special study using record linkage procedures to explore an individual’s re-contact with the criminal justice system. Figures from the Justice Department paint a dark picture of the state of Indigenous incarceration, with aboriginal youth seriously overrepresented in the criminal justice system. The same person may be included several times in the admission counts whenever he/she moves from one correctional program to another (e.g., from remand or pre-trial detention to sentenced custody) or re-enters the system later in the same year. Researchers can use analysis strategies to study particular risk factors for victimization. prevalence of Aboriginal overrepresentation in the Canadian criminal justice system. There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. When controlling for various risk factors, Indigenous people are no more at risk of violent victimization than their non-Indigenous counterparts. In 1996, in its report Bridging the Cultural Divide, the Commission referred to Indigenous overrepresentation in the criminal justice system as "injustice personified." Key decisions of the Supreme Court of Canada, and several reports on Indigenous people and the justice system, have concluded that Indigenous people face systemic discrimination throughout the criminal justice system (Rudin, 2005). It is reasonable to assume that Parliament, in singling out aboriginal offenders for distinct sentencing treatment in s. 718.2( e ), intended to attempt to redress this social problem to some degree. Previous page; Table of Contents; Next page; References Aboriginal Justice Inquiry of Manitoba. In comparison, ten years ago, 21% of admissions to provincial/territorial custody and 20% of federal custodial were Indigenous.Footnote 12. INTRODUCTION. National data on Indigenous people in the criminal justice system includes data on self-reported victimization , police-reported homicide, and provincial/territorial and federal custody. 2019. Indigenous court provides a solution to overrepresentation in Canadian justice system. our Criminal Justice System. According to (Rudin, 2005), “The failings of the criminal justice system toward Aboriginal people are most clearly seen in the overrepresentation of Aboriginal people … Jerome Turner January 16, 2016 Photo: Sean_Marshall. “Aboriginal peoples in Canada: Key results from the 2016 census.”(The Daily). Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. This would be achieved by requiring judges to consider Brennan, S., & Matarazzo, A. %PDF-1.5 %���� People are undoubtedly mistaken if they believe that systemic discrimination ends in the courtroom, because prisons are the homes to many Aboriginal people. 1991. The Supreme Court of Canada helped pave the way for a solution, but several communities including Williams Lake seem reluctant to apply a renewed Indigenous law approach . Statistics Canada. Boyce, Jillian. ����/I�\V;�D�����3012�ځMf`$������@� � . Rather, the higher rates of victimization observed among Indigenous people appear to be related to the increased presence of other risk factors—such as experiencing childhood maltreatment, perceiving social disorder in one’s neighbourhood, having been homeless, using drugs, or having fair or poor mental health. “Homicide in Canada, 2017.”. In 2017/2018, Indigenous adult men accounted for 28% of the men admitted to custody in the provinces and territories. While the Youth Criminal Justice Act (YCJA) has reduced Canada’s overall youth incarceration rate in recent years, the relative proportion of detained Aboriginal youth has actually increased. With every annual publishing of Adult and youth correctional statistics in Canada. 11-001-X. There are many challenges that contribute to Aboriginal overrepresentation and there aren’t any simple solutions. For comparison’s sake, the survey focuses on eight specific categories of crime: sexual assault, robbery, physical assault, theft of personal property, break and enter, theft of motor vehicle or parts, theft of household property, and vandalism. Compared to 2007/2008, the number of admissions of Indigenous men to provincial/territorial custody increased 28% while the number of admissions of Indigenous women increased 66% in the provinces and territories. Among people in Aboriginal communities issue of national priorities is that this crisis is especially profound in the context. 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