Over-Representation Of Aboriginal Women In Canadian Prisons

The number of aboriginal women in Canadian prisons is on the rise. “Women of Aboriginal descent now make up more than 35 percent of the female prison population”, and Aboriginal women represent about four percent of the general population” (CBC News 2015). The overrepresentation of Aboriginal people in the criminal justice system has long captured attention in Canada. Many factors such as financial instability, unstable housing, households with only mothers with children, low education and disordered social network systems are associated with the commission of a crime in neighbourhoods. This paper will argue that the over-representation of Aboriginal women can be explained by their underprivileged position in both socioeconomic terms and by

individual and institutional discrimination. Moreover, Aboriginal defendants are potentially more likely to receive a prison sentence than non-Aboriginal defendants of comparable crimes. This is due to the fact that discrimination still exists in the criminal justice system against Aboriginal descent, whether it is intentional or unintentional.

The incarceration rate for women in Canada has doubled over the past decade, and most of the federal women prisoners are Indigenous. The overrepresentation of Aboriginal offenders in the criminal justice system could be explained by the high degree of socioeconomic disadvantages such as low income, poor education, transiency, single parenting and relative deprivation of Aboriginal peoples. Moreover, Aboriginal people who migrate to urban centers from reserves are more vulnerable to being criminalized and imprisoned. Statistics Canada reports suggest Aboriginal women are more likely to be charged with, and imprisoned for, violent offenses than non-Aboriginal women. They are likely to be both severely victimized by gendered violence and coercively punished.
Racism is pervasive throughout the justice system. It has only been within the last decade that there been movements toward changing the face of corrections for federally sentenced women in Canada. But the difference between Aboriginal and non-Aboriginal women standing a trial is huge. There is a higher chance for Aboriginal women to face sentencing and go to prison for a long period of time for the same crime that non-Aboriginal women might have committed but got away with it. There are many issues that need to be addressed such as police training, judges and corrections officers’ knowledge on the background of Indigenous people. We should focus on introducing restorative justice practices that acknowledge harm, while at the same time seeking alternatives to imprisonment, recognizing the importance of using the least restrictive sanctions wherever possible and recognition of the unique position of Aboriginal offenders.

Racism and poverty are the main factors in the number of Aboriginal women in prison.

“Bill C-41 has provided adequate legal text to inspire legal activism that allows for systemic factors such as gendered conditions of endangerment, to be presented by defense lawyers in the conduct of a case before a sentencing judge and to argue against the imprisonment of Aboriginal women” (Balfour, 2012). Not only crimes committed by Aboriginal women are ending up as indeterminate sentences, but also punishment is given inside the prisons through other inmates and prison guards. “Aboriginal communities already struggling with social problems of poverty, violence, and housing shortages cannot take on the burden of programming and supervision required for conditional sentences” (Anderson, 1999). Racism and discrimination against Aboriginal people have been pervasive in Canadian history. They have been used and mistreated over and over and due to that kind of ill treatment to their ancestors, the effects can still be seen on their future generations. To have sentencing law reforms is insufficient strategies to address the incarceration spiral of Aboriginal women when the conditions of their lives are contoured by legacies of trauma and

neglect.

The two theories that can help explain the cause of these behaviors to occur among Aboriginal women is strain theory which states that society puts pressure on individuals to achieve socially accepted goals (such as the American dream) though they lack the means, this leads to strain which may lead the individuals to commit crimes.

It shows effects of social and economic forces that influence relatively vulnerable people. This is seen more commonly among Aboriginal women than other communities. Since there is not much education, support and opportunities among aboriginal women, they tend to resort to illegitimate means to survive, such as getting involved in illegal sexual activities. This behaviour leads them towards criminal justice system. Once, they step into the criminal justice system it just becomes a loophole and become harder for them to get out of it. Secondly, social learning theory suggests that individuals learn antisocial behaviours in families, peers, communities, and schools. Those on the bottom of the social ladder are disproportionately vulnerable to the adoption of anti-social attitudes and behaviours because of wide-ranging limitations in their lives, alienation from mainstream and community resources, and the lack of individual, family structures to promote pro-social attitudes. In such conditions where a person does not have a support system, most often leads them towards the wrong

path.

The representation of Aboriginal people in custody is even greater for women than men (Statistics Canada, 2015). In 1989, the Canadian government convened the Task Force on Federally Sentenced Women. “The Task Force, made up of Aboriginal and non-Aboriginal women, addressed the issues of women's incarceration and for the first time, listened to the voices of federally sentenced women” (Sparling, 1999) giving them a chance to get better support if possible. This resulted in building “the Okimaw Ohci Healing Lodge, which would allow Aboriginal women the choice of a better life-physically, spiritually, emotionally, and culturally” (Sparling, 1999). The Okimaw Ohci Healing Lodge also respects the cultural understanding of Aboriginal women and how the absence of positive life choices have led most of the residents into conflict with the Canadian criminal justice system. It speaks to the belief that healing is not a solitary process, and that according to tradition it involves the community, the family, and the children. Thus, the women at Okimaw Ohci are given the opportunity to choose their life paths and journey on the trails that best suit their needs; rather than those impressed upon them by the Canadian criminal justice system which operates on a different value system than that of the Aboriginal community (Ross; Correctional Service Canada, 1997b). Despite numerous studies, inquiries, task force recommendations, and a domestic human rights complaint and resulting investigation into the treatment of Aboriginal women in custody, Canada as represented by CSC (Canadian Securities course), is failing to live up to its commitments, and continuing to mistreat Aboriginal women with relative impunity” (McGill, (2008). Giving a hard time to these women to get into this facility, as they would have to apply to get into the Okimaw Ohci Healing Lodge, as it can only accommodate forty women and up to four children. There is a need to create more of these facilities for these imprisoned women, to give them a chance to reform.

Now, with record amounts of people being incarcerated and new inmates being detained for extended periods of time on minor charges, it makes us wonder if being so "tough" on crime is actually helping or hurting the society. For many people in our society, the idea of special programs, like rehabilitation, education, mental health care programs, and vocational training for prisoners, seems indulgent and unfair. Society believes that they are in prison for the punishment of the crimes that they have committed, and that they should be behind bars with no freedom and rights. But the problem is that this type of punishment is not effective for the mass majority of the people that are currently incarcerated.

Most of the offenders are committing these crimes because they are not receiving any treatment for their mental health and other sociological problems. Numerous studies have shown that rehabilitation programs, education, therapy, and job-related training have a significant effect on not only improving the inmates but on society as well because they are able to become productive members of society, rather than deterrents. We are spending huge amounts of money to punish these criminals and then just set them loose with no life or job skills to become productive members of society again, especially for women it is much harder to survive. They, in turn, go back to criminal activities and end up right back in the justice system. This has just become a cycle where one person who commits a crime is now labeled a criminal and society does not accept criminals to be part of their lives, so we turn our backs on them, and this leads to the individual committing more crimes and being in criminal justice system for the rest of their life.

REFERENCES

Anderson, C. (1999). Governing Aboriginal Justice in Canada: Constructing responsible individuals and communities through ‘tradition’. Crime, Law, and Social Change, 31,303-326
Balfour, G. (2012). Do law reforms matter? Exploring the victimization- criminalization continuum in the sentencing of Aboriginal women in Canada. International Review Of Victimology, 19(1), 85-102. Doi:10.11770269758012447213.
McGill, J. (2008). An Institutional Suicide Machine: Discrimination against Federally Sentenced Aboriginal Women in Canada. Race/Ethnicity: Multidisciplinary Global Contexts, 2(1), 89-119.
Petty crimes result in 'life-sentences' for aboriginal women: NWAC. (2015). CBC News. Retrieved 01 August 2017, from http://www.cbc.ca/news/canada/thunder-bay/aboriginal-women-now-make-up-one-third-of-canadian-female-prison-population-1.3089050
Prairie, C. L. (2002). Aboriginal over-representation in the criminal justice system: A tale of nine cities. Canadian Journal of Criminology, 44(2), 181-208.
Sparling, L. (1999). A suitable place: Positive change for federally sentenced Aboriginal women in Canada. Canadian Woman Studies, 19(1), 116-121.
Women and the Criminal Justice System. (2015). Statcan.gc.ca. Retrieved 01 August 2017, from http://www.statcan.gc.ca/pub/89-503-x/2010001/article/11416-eng.htm