![]() ![]() 58, there is widespread bias against Aboriginal people within Canada, and “here is evidence that this widespread racism has translated into systemic discrimination in the criminal justice system.” (R. Aboriginal people are overrepresented in virtually all aspects of the system. “Not surprisingly, the excessive imprisonment of Aboriginal people is only the tip of the iceberg insofar as the estrangement of the Aboriginal people from the Canadian criminal justice system is concerned. Footnote 15 The National Inquiry into Missing and Murdered Indigenous Women and Girls Interim Report in 2017 and other studies also indicate that Indigenous women are often devalued in Canadian society, leading to alarming rates of violence and increased interaction with the criminal justice system as both victims/survivors and accused/convicted persons. Footnote 14Ĭolonialism was identified by the Truth and Reconciliation Commission in 2015 also leading to the disempowerment of Indigenous women by replacing existing forms of Indigenous government, in which women held significant influence and powerful roles in many First Nations. This has had complex and tragic results, with ongoing consequences for many, such as high rates of serious physical health problems, issues with mental health and cognitive impairment, suicide, physical and sexual abuse, alcohol and drug abuse, interpersonal violence, family breakdown, and involvement both as victims/survivors and accused/convicted persons in the criminal justice system. Footnote 13 Cultural alienation and intergenerational trauma caused by policies such as the residential school system, removal of Indigenous children from their families during the 60s scoop and ongoing child welfare practices, have affected relationships and contributed to the erosion of familial and community ties. 52)Ĭolonialism has led to cultural alienation, territorial dispossession, intergenerational trauma, systemic discrimination, and socio-economic marginalization, which together continue to have profoundly negative impacts on the lives of many Indigenous people today. e are of the opinion that locating the root causes of Aboriginal crime in the history of colonialism, and understanding its continuing effects, points unambiguously to the critical need for a new relationship that rejects each and every assumption underlying colonial relations between Aboriginal people and non-Aboriginal society.” (RCAP 1996 p. ![]() Their experiences, often compounded by inadequate housing as well as limited education and employment opportunities, have been identified in the literature as contributing to Indigenous people being in contact with the criminal justice system more often and for longer periods than non-Indigenous people. Footnote 12 As a result of Canada’s colonial history, Indigenous peoples have been subjected to assimilation policies and practices that have created collective and individual intergenerational trauma resulting in negative impacts on social determinants of health for many. 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. In 1996, the Report of the Royal Commission on Aboriginal Peoples was released. Additional information about the experience of Indigenous peoples' interaction with the criminal justice system can be found in the Studies section of the Dashboard. It includes references to numerous studies, inquiries and commissions undertaken since the 1980s, as well as judicial and program responses implemented to address overrepresentation. In the spirit of truth and reconciliation, the following information provides an overview of some of the literature on factors contributing to such overrepresentation. ![]() ![]() To understand fully the overrepresentation of Indigenous people in the criminal justice system, it is necessary to consider the context in which it is occurring. Footnote 11 These proportions have been trending upwards for over 10 years. Footnote 10 At the same time, Indigenous youth accounted for 50% of custody admissions, while representing 8% of the Canadian youth population. Footnote 9 In 2016/2017, Indigenous adults accounted for 30% of provincial/territorial custody admissions, 27% of federal custody admissions, and 27% of the federal in-custody population, while representing 4.1% of the Canadian adult population. For example, in 2014, a significantly higher proportion of Indigenous than non-Indigenous people in Canada (aged 15+) reported being victimized in the previous year (28% vs. Indigenous people are overrepresented in the Canadian criminal justice system as both victims/survivors Footnote 8 and accused/convicted individuals. Understanding the Overrepresentation of Indigenous people in the Criminal Justice System ![]()
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