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). 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). 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. Jerome Turner January 16, 2016 Photo: Sean_Marshall. How can we transform Canada’s criminal justice system to better address Indigenous over-representation? “Unique persons” describes individuals who have entered custody within the reporting period. The drastic overrepresentation of aboriginal peoples within both the Canadian prison population and the criminal justice system reveals a sad and pressing social problem. 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. People are undoubtedly mistaken if they believe that systemic discrimination ends in the courtroom, because prisons are the homes to many Aboriginal people. In 2017, the homicide rate for Indigenous people increased 8% from the previous year. 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. In 2017/2018, Indigenous adult men accounted for 28% of the men admitted to custody in the provinces and territories. In 1996, in its report Bridging the Cultural Divide, the Commission referred to Indigenous overrepresentation in the criminal justice system as "injustice personified." 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. This recognition equally applies to Aboriginal over-representation in criminal justice. 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 A defining feature of every stage in anadas Criminal Justice System (CJS)is Indigenous overrepresentation. When controlling for various risk factors, Indig… 2016. 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. However, high victimization rates among Indigenous women cannot be fully explained by risk factors of victimization. 2018. Canada’s Aboriginal people, fetal alcohol syndrome & the criminal justice system. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. 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). This crisis is especially profound in the youth context. Indigenous people are overrepresented in Canada's criminal justice system as both victims and offenders. This report provides assessments of the problem by the Aboriginal Justice Inquiry of Manitoba (1991), The Royal Commission on Aboriginal Peoples (1996), by … 0 In 2014, 28% of Indigenous people (aged 15+) reported being victimized in the previous 12 months, compared to 18% of non-Indigenous peopleFootnote 1. There are many challenges that contribute to Aboriginal overrepresentation and there aren’t any simple solutions. 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. Overrepresentation of Indigenous People in the Canadian Criminal Justice System: Causes and Responses. Reasons for the vast overrepresentation of Indigenous offenders and victims in the criminal justice system are discussed in this report. This has come about as the result of historical processes (such as colonisation and the creation of the reserve system) which have … The number of unique women, where Indigenous identity is unknown, decreased 64% from 47 to 17. Indigenous people are overrepresented in the Canadian criminal justice system as both victims/survivors 8 and accused/convicted persons. h��S�KSa޳�����YkN��Sd�s� �mjs�LJ$%N�Ű��:̑� �P�M��"뢐‚��AbZ�]D!�.�����yw�����x��y�߁� �� `�oA�?����{, ��G�B��'. Indigenous overrepresentation exists throughout the justice system. 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 … 2019. Even when controlling for various risk factors, Indigenous identity was a risk factor for violent victimization of Indigenous women. Perreault, S. 2015. 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 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 . The American criminal justice system affects people in all walks of life, from street crime to domestic violence to white collar crime. “Homicide in Canada, 2017.”. Re-contact with the Saskatchewan justice system. 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. Victimization of Aboriginal people in Canada, 2014. 1991. h�bbd```b``�"f�HF7�rD2�˶�H�3`rX� Key among the reasons for its never-ending nature include: the fact that policies often… It argues that one of the most important factors is a decline in interdependency among people in aboriginal communities. The homicide rate for Indigenous men has been increasing consistently since 2014. 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. 2017. National data that does exist to identify Indigenous people in the criminal justice system include the General Social Survey (GSS) on self … Excludes Prince Edward Island, Nova Scotia, Quebec, Alberta and Yukon due to unavailability of data. News by. 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. The shortcomings of the Criminal Justice System towards Aboriginal people are most clearly illustrated in the overrepresentation of Aboriginal people in Canadian penitentiaries. There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. 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). Previous page; Table of Contents; Next page; References Aboriginal Justice Inquiry of Manitoba. The proportion of Indigenous admissions was unknown in Prince Edward Island. 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. Criminal victimization in Canada, 2014. Aboriginal women being over represented in the criminal justice system both as offenders and as victims of crimes. 1455 0 obj <> endobj 2016. The vast overrepresentation of Indigenous people in the criminal justice system has received attention from high levels. 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. “Aboriginal peoples in Canada: Key results from the 2016 census.”(The Daily). The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. 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. 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). The number of unique persons who have entered custody is defined as the count of individuals entering into custody during a specific time period. ����/I�\V;�D�����3012�ځMf`$������@� � . 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. This paper1 attempts to explain the vulnerability of aboriginal people to involvement in the criminal justice system in Canada. 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. 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. Statistics Canada catalogue no. %PDF-1.5 %���� 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. In comparison, ten years ago, 21% of admissions to provincial/territorial custody and 20% of federal custodial were Indigenous.Footnote 12. The number of unique men, where Indigenous identity is unknown, decreased 19% from 296 to 241. In comparison, the homicide rate for Indigenous men (13.40 per 100,000 Indigenous men) increased by 2% in 2017. 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. 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. Boyce, Jillian. 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. 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. ISBN 978-1-100-51281-5. 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). Anand, Sanjeev. 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). There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. The overrepresentation of Indigenous people in the criminal justice system has received attention from high levels. 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. Brennan, S., & Matarazzo, A. For example, in 2014, a significantly higher proportion of Indigenous people than non-Indigenous people in Canada (aged 15+) reported being victimized in … Report, Volume 1: The Justice System and Aboriginal People. By choosing to implement sentencing reforms, the Canadian government tasked the judiciary with the reduction of Aboriginal over-incarceration rates. prevalence of Aboriginal overrepresentation in the Canadian criminal justice system. Perreault, S. 2015. “Criminal victimization in Canada, 2014.”, Beattie, S., David, J-D., & Roy, J. Admissions are counted each time a person begins any period of supervision in a correctional institution or in the community. Such childhood maltreatment is a risk factor for victimization. Excludes Nova Scotia, Quebec, Alberta and Yukon due to unavailability of data. ISBN 978-1-100-51281-5. Aboriginal overrepresentation in the canadian criminal justice system essay. Malakieh, Jamil. Thinking of Getting Hair Restoration Abroad? Aboriginal overrepresentation in the criminal justice system in NSW is a significant problem. 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 … 1480 0 obj <>stream “Adult and youth correctional statistics in Canada, 2017/2018.” Statistics Canada. INTRODUCTION. 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. 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. 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). In contrast, the number of unique non-Indigenous men who entered custody decreased from 1,621 to 1,492, which represents an 8% decrease. This debate has been ongoing since the early 1980s, with seemingly no end in sight. Juristat Statistics Canada Catalogue 85-002-X. 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 Royal Commission on Aboriginal Peoples (RCAP) identified three viable explanations, … 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. 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. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. It noted that this over-representation of Indigenous peoples in Canada has been the subject of special attention in Canadian … This would be achieved by requiring judges to consider our Criminal Justice System. Winnipeg: Queens Printer. Adult and youth correctional statistics in Canada, 2017/2018. %%EOF This crisis is especially profound in the youth context. Indigenous women made up a greater proportion of custody admissions than their male counterparts, accounting for 42% of the women admitted to custody. 2000. Researchers can use analysis strategies to study particular risk factors for victimization. Ottawa, ON : Aboriginal Corrections Policy Unit, Public Safety Canada . Beattie, S., David, J-D., & Roy, J. 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. Aboriginal peoples in Canada: Key results from the 2016 census. With every annual publishing of Adult and youth correctional statistics 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, 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. “Homicide in Canada, 2017.”. endstream endobj startxref 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 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. This represents an increase of 9% over this period. There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. Notably, Indigenous women were more likely to report experiencing both physical and sexual maltreatment as a child than their male counterparts. Statistics Canada. “Victimization of Aboriginal people in Canada, 2014.” Statistics Canada. 2018. An overlooked issue of national priorities is that this crisis continues to be ill-addressed. These data describe and measure the flow of persons through correctional services over time. In 2016-2017, Indigenous female youth accounted for 60 percent of all female youth admitted to provincial and territorial corrections systems (Statistics Canada, 2018a). Statistics Canada conducted a special study using record linkage procedures to explore an individual’s re-contact with the 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 … When controlling for various risk factors, Indigenous people are no more at risk of violent victimization than their non-Indigenous counterparts. 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. March 17, 2020 . 11-001-X. “Re-contact with the Saskatchewan justice system.”. 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. Overrepresentation of Indigenous Peoples in B.C. Persons are counted only once regardless of their number of contacts with custody within the referenced time period. 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