Aboriginal Imprisonment

By Adele, Emily, Hathan, Gordie, and Guneet

The ProblemAboriginals make up 4% of Canada's population,

but 20% of Canada's imprisoned population.

• Two problems lead to this statistic:

-Their situation and many problems the aboriginals face

- The Canadian judicial system is suspected to be biased and treat Aboriginal people differently due to racial differences.

The Problem

• Aboriginal people who are arrested are more likely to:

-be denied bail

-spend more time waiting for a trial

-spend less time with their lawyers

-if convicted, are more likely to be imprisoned

Who is affected?• -Aboriginal offenders often have

served previous youth and/or adult sentences.

• Aboriginal people tend to be imprisoned for a violent offence, and sometimes have gang affiliations

• It is common for them to have health problems, including mental health issues and addictions

YouthAboriginal youth have :

-more charges laid against them

-are more often detained before trial

-are detained for longer periods

-are more likely to be sentenced to custody and serve longer sentences

-There were approximately 7,500 Aboriginal youth admitted to either custody or probation in 2005/2006-High crime rates in youth can be linked to:

-Less emphasis on education

-Less hope and few ambitions

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Aboriginal Women• Aboriginal women make up more than 50 percent of women who are classified as “maximum security” prisoners.

• 25% of female prisoners are Aboriginal (2005-2006 stat)

•Increased steadily since 1997, when Aborignal women made up 15% of federal female prisoners.

•In Saskatchewan, Aboriginal women account for 87% of all female admissions

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Aboriginal Women• Correctional law and policies severely discriminate against

Aboriginal Women.

• Many are still serving time in men's prisons or are locked away in maximum security cells

• Unable to access the necessary programs and services related to their increased potential for successful reintegration back into the community

• Aboriginal women often go into prison on lesser charges and receive longer sentences than a non Aboriginal person.

• Once inside prison, infractions of prison rules often lead to even longer sentences.

Differences Of Opinion

• Judges must respect a new section of the Criminal Code that requires more emphasis on alternatives:

- Community healing and victim/offender reconciliation, which are a traditional part of aboriginal culture.

•Canada's highest court says that judges must take into account the special circumstances of aboriginal people before sentencing them to prison.

•Lower court judges were criticized for relying too heavily on jail terms when dealing with aboriginal offenders.

Solutions• Native people should play an increasing role in the justice system

• Aboriginal Justice Systems should be established in Aboriginal communities, so that their own courts can assume jurisdiction

• The systems should be based on criminal and civil codes determined by communities together

• A higher proportion of the Police should be of Aboriginal background

• Cross-cultural education and relations with Aboriginal communities should be strengthened

• Take into account Aboriginal people's background and circumstances during jurisdiction

Restorative Justice• In the Aboriginal culture, treatment of an offender involves traditional

healing methods rather than punishment by imprisonment (helps both the victim and offender)

• Many native-directed alternatives to imprisonment in correctional facilities are being developed, including healing and sentencing circles.

What happens during a sentencing circle?• Reunites victim, offender, families of both, elders, judge, and/or

police to come to an agreement

• It is believed that sentencing circles aren't always effective because sentences given are said to be less severe

Future Forecast

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