Indigenous Peoples

Question 1

Indian act

Answer 1

Primary goal was to assimilate Indigenous peoples into white Canadian society (to eradicate them and their way of life, their life had to be controlled by the government)
many have called this an act of cultural genocide

Question 2

Gradual enfranchisement

Answer 2

encouraged indigenous peoples to renounce their status as an Indian in exchange for the right to vote in Canadian elections, this creates the distinction between status and non-status Indians

Question 3

Modern conditions

Answer 3

• average life expectancy is 6.6 years shorter than a non-indigenous Canadian
• suicide among Inuit youth are 11 times higher than the national average
• status Indians living on reserve are 4x more likely to be unemployed
• more than 4 in 10 indigenous Canadians have not completed high school

Question 4

Justice involvedIndigenous Persons

Answer 4

Account for 27% of incarcerated population
Indigenous youth 12-17 are incarcerated at a rate 6x greater than non-Indigenous offenders
Indigenous inmates fall behind on almost all levels of the CJS, more likely to be deemed high-risk offenders, released later in sentence, less likely to be granted parole, more likely to return to prison for admin of justice charges

Question 5

what percentage of the indigenous population is in prison vs. in Canada?

Answer 5

Make up 3% of the general population in Canada vs. 24% in federal prison
-more serious in the Prairies

Question 6

Maximum, medium, and minimum security of Indigenous offenders vs. Non-Indigenous offenders

Answer 6

non-indigenous offenders: Min(25.5%), Med(60.8%), Max(13.7%)

indigenous offenders: Min (20.7%), med (61.9%), Max (17.4%)

Question 7

4 reasons for overrepresentation…#1

Answer 7

1. higher offending rates among Indigenous Peoples: exhibit a higher overall crime rate and have more extensive contact with the CJS compared to non-indigenous people
stats Can(2006): rates of violent higher on reserves than rates in rest of Canada

Question 8

Trevethan et. al (2002)

incarceration percentages of Indigenous Peoples vs non-indigenous Peoples

Answer 8

64% of incarcerated Indigenous peoples also have a youth court history compared to 45% of non-indigenous peoples
90% of incarcerated indigenous have an adult court history compared to 84% of non-indigenous peoples
45% of incarcerated indigenous have 15 or more prior adult court appearances compared to 31% of incarcerated non-indigenous peoples

Question 9

4 reasons for overrepresentation #2

Answer 9

Commission by Indigenous peoples of the type of offences that are more likely to result in prison sentences
Schedule 1: sexual offences/more serious violent offences (Indi. 60% vs non-indi. 45%)
Schedule 2: serious drug offences and conspiracy to sell drugs (Indi. 9.5% vs. non-Indi. 20%)

Question 10

4 reasons for overrepresentation #3

Answer 10

Criminal justice policies that have a differential impact on indigenous peoples due to their socio-economic conditions
-more likely to be unemployed and not have a high school diploma, sometimes cannot pay a fine and have to serve time

Question 11

4 reasons for overrepresentation #4

Answer 11

Indigenous peoples receive shorter sentences, systemic discrimination, over-policing, treated more harshly, less access to lawyers, less likely to be granted release before trial, neglect in prison

Question 12

Root causes of over-representation (2)

Answer 12

1. culture clash-differences between western and indigenous views of justice (eye contact, reluctance to testify)
2. colonialism- attempt to wipe out Indigenous culture

Question 13

Recidivism (Sioui and Thibault, 2002)

Answer 13

• Indigenous peoples recidivate at a higher rate than non-indigenous peoples
• examine 30,041 men released on parole, 84% Indi. 16% non-indi. over 3 years
• overal recidivism (within 6 months) 18% Indi vs. 11% non-indi
• day parole 14% vs. 7%, full parole 21% vs. 9%, statutory release 25% vs. 21%

Question 14

what increases recidivism? (Trevethan et al., 2002)

Answer 14

Indigenous peoples experienced more family violence, family drug/alcohol problems, and poorer economic conditions in childhood, had more family members involved in criminal activity