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Hon. Carolyn Bennett

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Aboriginal People Need Solutions, Not More Jail Time

Posted: 09/28/2012 3:06 pm

"The current state of over-representation of Aboriginal women in federal corrections is nothing short of a crisis." This rebuke is not from a politician or civil society group, but directly from a report commissioned by the Department of Public Safety itself. The unusually forceful language in this recent government report underscores the abject failure of this government's simplistic and outdated "tough on crime" approach, particularly for Canada's Aboriginal population.

The report, entitled "Marginalized," goes on to warn that the government's current crime agenda, "will only serve to further increase the numbers and worsen the already staggering injustice experienced by Aboriginal peoples as a whole."

Canadians must recognize how the historic injustices of the Indian Act and residential schools created the systemic barriers to progress and economic prosperity that have fostered unacceptable gaps in outcomes for health, education, housing and access to basic rights like adequate food and safe, clean, drinkable water. There needs to be a complete understanding of the intergenerational trauma caused by residential schools and the deleterious effects it has had on mental health, addictions, parenting and therefore the resulting interaction of Aboriginal people with the justice system.

Aboriginal people are four per cent of the Canadian population, but 20 per cent of the prison population. Even more shocking, one in three women in federal prisons is Aboriginal and over the last 10 years representation of Aboriginal women in the prison system has increased by nearly 90 per cent. Despite only representing six per cent of the female youth population in Canada, almost half (44 per cent) of the female youth in custody are Indigenous.

Last spring when I visited the new prison for women in Manitoba, the over-representation of Aboriginal women was truly alarming. When I asked the warden the reason for the incarcerations, she told me "breeches of their conditions." She stated that the majority of women had not originally been sentenced to jail. One "slip" could result in five more charges. Five more charges on her record and jail time. This just doesn't seem right.

We need policies and programmes that ensure that youth who make a mistake don't end up as repeat offenders -- in and out of the prison system -- sentenced to a life of crime. If we can prevent their first offence, even better. So many young offenders tell the same story: "The first time that they ever felt they belonged was when they joined a gang" or that "The first time they'd ever been told they were good at something was shoplifting."

Appalling the Conservatives have slashed $35.6 million (20 per cent) of federal funding for youth justice programs to supervise and rehabilitate young offenders.

The Aboriginal Justice Strategy (AJS) was created specifically in response to the disproportionate number of Aboriginal persons involved in the criminal justice system, both as offenders and victims. The government's own 2011 evaluation of the AJS found that "there remains a need for culturally relevant alternatives to the mainstream justice system" and said the AJS was "effective in achieving its intermediate outcome of involving Aboriginal communities in the local administration of justice." The response of the government was to slash the funding in half from $20.8 million in 2011 to $10.3 million in 2012.

We know the profile of inmates is changing and that the level of mental illness inside the system is growing. The Correctional Investigator has told us that a modest estimate for the number of male prisoners suffering from mental health issues is 38 per cent, and that for female offenders it is 50 per cent.

Mental Health advocates and those of us concerned with the unacceptable incarceration rate of Aboriginal people in Canada don't believe that prison is an appropriate mental health or housing strategy. It's also way too expensive. As Greenspan and Doob explain in this month's Walrus: "Keeping a single inmate in federal penitentiary costs about $117,000 per year; a provincial inmate about$58,000. Money spent on incarceration is money not spent on services (the police, education, public health, and so on) that the evidence suggests would be more effective at reducing crime."

Unfortunately, the Conservative response has been the opposite of what common sense, and the preponderance of the evidence, tells us is needed. They are closing prisons at the same time they are pursuing sentencing changes that will dramatically increase prison populations. Locking people up in overcrowded conditions for longer will not make us safer. I remember, as a member of the Justice Committee a decade ago, learning that Canada had the lowest recidivism rate in the world. The then Chair of the committee asked a "tough on crime" witness, "If in your approach the inmate comes out to a life of crime and in mine he never re-offends, which system creates a safer society?"

I am disheartened when I read the prediction in this government commissioned report that, "it is highly unlikely that the issues of such a marginalized population will receive the attention and resources necessary to even begin to address the multitude of issues." The Aboriginal population is the youngest and fastest growing population in Canada. Evidence is clear that a "secure, personal and cultural identity" is the key to mental health.

Pride and dignity of who you are is imperative to making good choices. But the Conservative government has effectively turned its back on this tremendous resource and potential source of future prosperity for all Canadians. Aboriginal children on reserve are still receiving only two thirds of the funding per year as children in the provincial system. Only one third of aboriginal children finish high school. Education is the key to economic opportunity but also to staying out of jail.

This isn't an Aboriginal problem, it's a Canadian problem.

All Canadians must realize that it is in all of our interests -- in terms of public safety, cost and untapped human potential -- to heed the call of this report and take "aggressive action" to deal with this national disgrace.

 

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"The current state of over-representation of Aboriginal women in federal corrections is nothing short of a crisis." This rebuke is not from a politician or civil society group, but directly from a rep...
"The current state of over-representation of Aboriginal women in federal corrections is nothing short of a crisis." This rebuke is not from a politician or civil society group, but directly from a rep...
 
 
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05:21 PM on 10/06/2012
Politicians tinker with the criminal justice system in order to off-set the flow of Aboriginal people being caught up in it. The various changed policies and laws misrepresent what Aboriginal people actually need. I am an Aboriginal women who recently completed by PhD, looking at ways of how to reduce crime affecting Aboriginal people. After dedicating countless hours reviewing research evidence around “what works” to reduce crime and victimization, I found that there is a large body of research that exists. This includes evidence from scientific evaluations which prove that if risk factors related to crime are tackled, crime can be reduced. Research has overwhelmingly shown that youth and children may be the most amenable to intervention. There are many reviews of research confirming the importance of early intervention for children and youth, which include the tackling of risk factors related to crime. What’s more is that many of these preventive programs are already in operation!! You can find them being delivered at various Aboriginal organizations across the country. The government must start recognizing that Aboriginal organizations that are currently in existence may be one way to make a difference. If more funding was given to these organizations, they could hire more people, and provide additional culturally relevant programming, which is delivered by and for Aboriginal people. We also need an action plan to set this all in motion. We need a responsibility centre with Aboriginal representation. Sustained funding must be provided to these programs and the responsibility centre.
12:10 AM on 10/01/2012
We need to build infrastructure for them, build new roads, houses improve their transportation time to boost our norther gateway travels
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spinnerator
02:59 PM on 09/30/2012
Really? Then why didn't you, as a member of the ruling gov't. for a decade, do anything about it?
Perhaps for the same reason, you if your party ever gains power again (God help us all) won't do anything about it in future. The GLiberals are full of useless platitudes. In the last 100 yrs. your party has held power the most and yet, you have done nothing to help the Aboriginal population. In fact the Residential School system flourished under the watch of your party.
11:08 AM on 09/30/2012
Better parents would be a start.
10:16 AM on 09/30/2012
A great many of Canada's first nation population are productive law abiding citizens. Perhaps the focus should be on them. If part of the part of their population can be this way there is no reason the rest can't be.
06:32 AM on 09/30/2012
Change is just not going to happen. Not until they let go of their "we lost our land" mindset.
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wendyweb47
Keeping an open mind
02:40 AM on 09/30/2012
Instead of continuing to pour millions of dollars at this problem, could the federal government not come up with a triage approach? Rate each reserve on a scale that measures housing, education, illness, employment, clean water, etc, etc. The worst get help first - and money is only part of the help.

Specialists in pre-natal education, support for mothers, nutritional training, early childhood education, parenting training, job skills training and alcohol treatment are brought in to work WITH the band council. Band members are consulted and work together to develop the programs that will help their band become healthy and self sufficient.

Why not train the younger people on reserve skills in construction, equipment maintenance, nutrition, health, etc - all things they can use to help their communities immediately plus use to gain employment on or off reserve.

Encourage the elders to share their knowledge and wealth of tradition (food, language, culture) so it is not lost forever and people regain a sense of pride.

Other reserves who scored lower would continue to receive help as they do now - which is only a stop gap, but not all would be able to be helped at the intense level necessary at one time.

This issue requires a huge commitment of time and resources focused on the current generation. If we keep doing what we've been doing nothing will change.So a new aggressive response is necessary. It will not be easy or a quick fix - but something must be done.
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novabird
Lover of Life, Radical Centrist
03:56 PM on 10/01/2012
Sounds nice, but is pouring more millions and billions into reserves going to change the addiction rate, the child abuse rate, the violence rate, the school drop out rate? The high unemployment rate etc. ?
When do we stop enabling that behavior?
When do First Nations start solving their own terrible social problems?
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wendyweb47
Keeping an open mind
04:20 PM on 10/01/2012
I'm suggesting an approach that will help First Nations solve their own problems. If you've always been 'taken care of' by government subsidies and horrible residential schools that broke family bonds which drove so many to drugs/alcohol - then people need to be taught basic life skills that many of us take for granted.  How can someone be a good parent, when they had no parenting because they were snatched at four, had their name changed, their culture erased from them and were sexually abused? These people then try to parent but have no skills and are still dealing with their own wounds.  Since government/churches helped create this problem we should help fix it. Money does nothing - engaging the community members, educating them and offering support is the only way to change things. What we've been doing so far hasn't worked - let's change it.
01:39 AM on 09/30/2012
The last residential school run by the Canadian Government was closed in 1996. It begs the question - how many aboriginals currently in prison attended theses institutions? Is it still an factor or is it just an easy go-to excuse? The author of this article calls for "aggressive action". What pray-tell would that be? Already we have a two-tiered-race-based justice system that orders judges to take a person's race into consideration when a sentence is to be handed out (if you happen to be aboriginal there is a greater chance you'll receive alternative measures). The first step in solving any problem is examining what hasn't worked in the past. One thing is clear: throwing money at the problem hasn't worked - countless millions can attest to that. The only ones who have benefited from the black hole that is the Dept of Indian Affairs are the self-serving bureaucrats & the Band Chiefs who are more often than not more interested than filling their own pockets than helping their fellow natives. So what is the answer? Compassion & understanding? Sure, there has been buckets full of that already. Accountability? You bet. But natives themselves must accept that their are consequences for engaging in criminal behaviour - whatever your personal circumstances. Don't do the crime if you can't do the time.
07:20 PM on 09/29/2012
What is truly troubling is the fact that Aboriginal communities have deeply ingrained problems that can't be solved by throwing government money at them. Alcohol and drug abuse, FASD, birth rates that are out of control, lack of education, high rates of sexual and domestic abuse and the reserve system itself. And the scary thing, the truly scary thing is that Aboriginal leaders have not come out and provided solid direction for their communities. The knee jerk reaction has been to throw money at the problem-which has never worked. Change is going to need to start at ground level. Not from the top down.

Yes the jails are being filled with the mentally ill. But who's fault is that? Years ago "rights groups" and governments (including the liberals) sought to close mental institutions in the interest of the rights of the mentally ill and fiscal restraint. Now our jails are filling with the mentally ill who are abusing drugs and committing crime. We expect the mentally ill to self maintain in public without proper oversight? Say what you will about mental institutions. The modern ones provided a safe clean environment for the mentally ill.
07:15 PM on 09/29/2012
I find myself constantly at odds with articles like these that seem to look for reasons other than the obvious as to why there is an over-representation of Aboriginals in the penal system. Some reports seek to blame residential schools, others racisim and systemic bias. How about instead of dancing around the issue and making excuses the nail just gets hit on the head. There are more aboriginals in jail because they are committing more crime that would lead them to be put there. Simple as that.

Breaches (not breeches with are pants) don't usually land people in jail unless 1) the original crime was pretty severe and they were given release on the most stringent of conditions, 2) the person has done further crime which prompts a breach of Undertaking,recognizance or probation or 3) being on release on their original offence-they continuously breach the conditions set out by the courts. It takes more than just a simple 1 time breach though to land a person jail time. But it is obvious the author didn't look into the issue any deeper to learn this.

This jail time is occuring even with the ruling that was made in the courts during the Liberals being in power federally that Aboriginals be given a sentencing break because they are aboriginal and come from a marginalized background. Talk about lack of equality in the justice system and lack of victim rights..
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wendyweb47
Keeping an open mind
02:31 AM on 09/30/2012
The reason they are in jail is they commit more crimes - true. But - we must dig deeper - WHY? To stop people commiting crimes you have to find out why they do.

A typical scenario - grow up in an alcoholic home and your mom drank when pregnant so you have FAS (Fetal Alcohol Syndrome) which manifests with symptoms such as lack of impulse control and social skills and most importantly (as it relates to crime) lack of ability to understand or anticipate consequences. This means you can tell a person with FAS not to do something that could hurt them or someone else. They will nod their head and agree, yet later the same day (or even sooner) they will do it again.

This adds up to lack of learning ability, lack fo social skills and few, if any, adequate facilities to help. Which then leads to crime and jail. Again and again and again.
08:31 AM on 10/01/2012
Hi Wendyweb47, I totally agree with you. There are bigger problems and issues at play here (I did speak to them in another post-that I had to put up because I hit the maximum post/submission length on this one)
The point that needs to be made is that change needs to happen long before people start becoming involved with the Justice system. That has to start happening in Aboriginal communities or with grass roots social organizations. Not with the courts and justice system.
FASD is a horrible but prevetable situation-however. But again it needs to be addressed before it happens because as you point out people with FASD are in a bad spot because the damage has already been done to them before they had a chance.
11:12 PM on 09/30/2012
You sound like you know what you're talking about but you don't. The most common breach is failure to appear in court which is par for the course with weekly court appearances and no way to get there except to hitchhike.
I don't know why there are so many court appearances (budget cuts,maybe) even for minor charges but the logistics for people with no cars and no phones are difficult.
For aboriginal people as for all poor people, their only hope for lawyers is legal aid and legal aid lawyers prefer plea bargains to trials and may encourage clients who have excellent chances of aquittal to plead guilty to a lesser charge rather than go to trial.
Plus there's the whole "aboriginals are cop magnets" things. They are a visible minority and targets of racial profiling. Read about teenage Noel Starblanket and his death at the hands of Saskatoon city cops..
08:25 AM on 10/01/2012
Actually you re the one it appears that doesn't know what they are talking about. 1) There is a charge in the criminal code for failing to appear in court. When you don't show. They charge you with it. Not a breach. 2) Getting a breach means committing an offence against the conditions you are released on. 3) depending on the type of release a person is on (i.e. a recognizance) it is a reverse onus document-which means a person has to give a compelling reason why they should be released.
As for the weekly court issues. They fly judges into smaller communities for court. So getting there is not an issue of getting to court. Justice of the Peace hearings are done by telephone. So getting there is again not an issue.
I call bulls$%t on your aboriginals are cop magnets argument. Police are too short staffed and busy to focus on a single person-unless that person is constantly causing trouble. That fact will always draw police attention no matter what their background or nationality.
How about you read about the problems of aboriginals dying or being abused at the hands of other aboriginals? Maybe that would be more relevant.

Again I go back to my earlier point. The first nations society and culture is in serious crisis in a lot of areas. A social change/shift needs to happen because the path they are currently going down is causing a lot of pain and suffering. The answer is not
04:23 PM on 09/29/2012
"breeches of their conditions." seems these inmates were given a break by the presiding judge, unfortunately they didnt listen-so what choice was given the judge when they reappeared.
02:29 PM on 09/29/2012
I live in Manitoba, next door to a native woman and her children. She is arrested on a monthly basis, and every time the RCMP return her within a few hours. It is well known that she sells narcotics out of her house, and is responsible for 100% of the crime (vandalism, theft, etc) in the neighborhood.
Just saying...
07:29 AM on 09/30/2012
I used to work in an area that was teeming with drug dealers. They were white male bikers. It was well known that they were responsible for the city's drug trade, but the police had a hard time proving anything.

I'm sorry, what was your point again? One (perhaps fictional) native woman in Manitoba is representative of an entire culture? Sorry, that doesn't pass the sniff test.
02:41 PM on 09/30/2012
My point is that we are hardly being too tough/biased on the native population when, in my experience, a predominantly white neighbourhood is forced to suffer the frequent criminal activities of one native woman because the RCMP can't add to the percentage of natives in the prison system.
My one personal anecdote was supposed to briefly illustrate that preferential treatment is not doing the native people any favours, but it is definitely not a singular experience given my town's proximity to Sandy Bay, one of the worst reserves in Manitoba. If you need more examples I can tell you how my town had to cancel bingo night because every week someone's car was inevitably stolen, and later found burnt out at the reserve. Or how the only native person I've known to be arrested had to go so far as to drive a stolen vehicle through the front window of the local liquor vendor, causing substantial damages. Crimes committed against private citizens and their property are barely acknowledged anymore because the RCMP is unable to properly handle the cases.
Perhaps if the native community is so concerned about their prison population they should stop committing the crimes that are putting them their in the first place. And yes, it is the ones committing the crimes that are the first to cry out against perceived injustices.
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Hal Wood
12:18 PM on 09/29/2012
This article seems to ignore the point that natives are committing these crimes. Natives will resort much quicker to violence. The author should take some natives into her home instead of being so much holier than other Canadians.I have never heard anyone explain what this culture is that the Indians are missing. Give us a description of what is lacking because culture is one of those concepts that is not possible to teach or describe in any detail. Culture need not exist , individuals needs to look into the mirror each day and say "Is this the image I wish to portray to the world". Teach Indians personal grooming and pride in their actions makes more sense than the fuzzy concept of culture.
11:28 AM on 09/29/2012
And at what point to Aboriginals begin taking responsibility for themselves?

Your focus on one group of people is inconsistent with Equality Rights where everyone is deemed equal under the law..
03:33 PM on 09/29/2012
That's not the law in Canada. We have race-based rights.
04:19 PM on 09/29/2012
Of course we do. That is why Equality Rights mean nothing.
08:49 AM on 09/29/2012
I've always been a firm believer that the native communities need to take charge to prevent matters like these. Most of these kids, I doubt, know their heritage and haven't been taught the ways of their respective people. They should be taught their language and history and have programs put into place by their councils to teach them it as well as the skills they would need to benefit their community and find good employment. They should have their own police force, a modern equivalent to the warriors of the past. Part police, part pathfinder and part diplomat.
03:31 PM on 09/29/2012
The ways of 'their' people are not going to help them in the 21st century.
04:25 PM on 09/29/2012
I beg to differ.  Some of that heritage would benefit us more now than it would have fifty years ago.  There are tons of jobs/careers that native skills could enhance.
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02:56 PM on 09/30/2012
Part police, part pathfinder and part diplomat.
please trademark that
and sell it to the RCMP
the world could use some enforcement laced with vision
03:20 PM on 09/30/2012
I actually sent a letter to the Ministry of Native Affairs about it.  With a breakdown of a program that would train various native "Warrior" programs.  It would consist of learning skills of their tribe and involve a cross between Police Training, University Education and brief Military Service.  This way anyone who wanted to be a Tribal "Warrior" and earn the title would have to learn what they'd need to police their own communities, lead others in their tribe to better things AND be a bridge to the rest of the country.  
Of course I got no reply back.