Aboriginal Youth Justice System

Thirty-nine percent of Aboriginal youth in custody were reported to be involved with child protection agencies at the time of their admission 16% were a ward of the state and 23% had an active file. Almost half (47%) of Aboriginal youth resided in a family that received social assistance as a primary source of income.

Over half (53%) of facilities in Canada provide

Aboriginal cultural programming. However, this

number should also be interpreted with caution. Some

facilities may provide Aboriginal programming within

the facility itself, whereas others may have linkages

with programming and cultural groups outside the

facility, and will offer the programs on an as needed

basis (i.e., when there is an Aboriginal youth in

custody). It is not clear if some facilities understood

the question to mean only within the facility.

Therefore, those facilities that did not report the

presence of Aboriginal programming may still have

access to community-based programming on an as

needed basis. There were 59 Aboriginal youth in

custody on Snapshot Day within facilities that did not

report the presence of Aboriginal cultural

programming.

A study concluded that systemic discrimination was not evident in sentencing decisions as race. For instance aboriginal and non- Aboriginal status was not the main cause of determination of type of sentence youth received.

The results also indicated that the over representation of Aboriginal youth in the CJS was not a direct result of systemic discrimination during sentencing. Therefore, it is important to examine other areas of the CJS such as police procedures, to see if systemic discrimination is present and to explore how this affects the presence of aboriginal people in the justice system.

Approximately one in six Aboriginal youth in custody

were suspected or confirmed to have had Fetal Alcohol

Spectrum Disorder (FASD) – 4% reported a confirmed

medical diagnosis, 5% were suspected by the custody

facility, and 8% self-reported that they had FASD.

Although Ontario’s last residential school closed more than 30 years ago, the impact of abuse and separation continues into the next generations. They were taught discipline instead of loving parenting, this causes criminal behaviour and the discipline continues in jail.

Statistics on the Aboriginal Youth Justice System

Researched Based Pros and Cons of the Youth Justice System with Aboriginal Youth

Positives

Aboriginal people who come into contact with the criminal justice system. They are available at all stages of the justice process, for example, in the areas of victim support, support for going to court and helping offenders return to the community.

Negatives

Although the principles of Gladue are supposed to be applied in all courtrooms. It’s up to offenders to identify themselves as aboriginal. If they do they can attend aboriginal court however, some do not attend aboriginal court and face racism.

The system treats first offenses by aboriginal offenders more harshly in relation to non- aboriginal offenders. And, since the penalties escalate, they’re likely to be treated even more harshly when they re offend

Once the charges are stayed it means the youth is no longer in the system — no longer out on bail — and that eliminates the risk of being tossed into jail for violating conditions such as a 6 p.m. curfew, attending school, staying away from friends, or carrying bail papers.

Patty Winsa and Jim Rankin (2015) The Star. “Unequal justice Aboriginals caught in the Justice system trap.” Retrieved on March 30th from: http://www.thestar.com/news/insight/2013/03/03/unequal_justice_aboriginals_caught_in_the_justice_system_trap.html***

Canadian correctional institutions continue the legacy of separating Aboriginal children from parents, while holding them in environments where racism and discrimination thrive

Hypothesis

The criminal justice system is tied to colonization in Canada and the lens through which Aboriginal peoples are sentenced and criminalized remains one tainted by historically unjust relationships.

Within modern day Canadian Society the youth justice system is remodeling a residential school institution amongst aboriginal young offenders.

Aboriginal Youth Justice System

Natives Womens Association of Canada. (2014) “Arrest the legacy- From Residential schools to Prisons.” Retrieved on March 30th from: http://www.nwac.ca/sites/default/files/imce/WEBSITES/201104/insert1_final%20web%20-english.pdf

Counter Argument

Over representation is caused due to population demographics … there is a higher portion of aboriginals then non aboriginals in the age group of high risk offending

Bill C-41

" All available sanctions other then imprisonment that are reasonable in the circumstances should be considered for all offenders with particular attention to aboriginal offenders."

Sage Circle

We are inviting you to participate in a sage circle. A common practice amongst the Aboriginal population

Audience Perspective

on the Canadian Youth Justice System

References

Reinforcing Hypothesis

Primary Account in Working with Aboriginal Youth

Being institutionalized like the residential school system contributes to aboriginals having mental illness, psychiatric disorders and alcohol and substance abuse

Patty Winsa and Jim Rankin (2015) The Star. “Unequal justice Aboriginals caught in the Justice system trap.” Retrieved on March 30th from: http://www.thestar.com/news/insight/2013/03/03/unequal_justice_aboriginals_caught_in_the_justice_system_trap.html***

Natives Womens Association of Canada. (2014) “Arrest the legacy- From Residential schools to Prisons.” Retrieved on March 30th from: http://www.nwac.ca/sites/default/files/imce/WEBSITES/201104/insert1_final%20web%20-english.pdf

ABORIGINAL OVER-REPRESENTATION." ABORIGINAL OVER-REPRESENTATION. N.p., n.d. Mon.26,Jan. 2015

Doob, A. D., & Sprott, J. B. (2007, January). The sentencing of aboriginal and non-Aboriginal youth: understanding local variation. Canadian Journal of Criminology and Criminal Justice, 49(1), 109+. Retrieved from http://go.galegroup.com.library.sheridanc.on.ca/ps/i.do?id=GALE%7CA163065431&

Isted, C. (2009). Aboriginal Youth in the criminal justice system: Is systemic discrimination influencing custody decisions. School of Criminology - Simon Fraser University.

v=2.1&u=ko_acd_shc&it=r&p=PPCJ&sw=w&asid=4f17409bff66aae1842a58deb708 56ba

Rudin, Jonathan. “Aboriginal Over-representation and R. v. Gladue: Where We Were, Where We Are and Where We Might Be Going” (2008) 40 Sup Ct L Rev 687.

Solutions

Higher rates of serious offending and custodial sentences is not the result of the individual failures of particular aboriginal people but rather individual problems caused by colonialism and being institutionalized.

Innovative Solutions

Provided below are a list of innovative approaches our Canadian Government has implemented to address the over representation of Aboriginal Youth in our justice system

Solutions ?

• Career Path & Reintegration Demonstration Project
• Seeing Oneself
• Edmonton Urban Games
• Liberty for Youth
• Argos Stop the Violence
• 9 Heavens Healing Academy
• Partners in Process
• Tyndale Internship Program
• John Howard New Brunswick FIDO Strengthening Families

Closing Activity

One Example

The subsequent loss of culture, spiritual practices and restrictions of rights, loss of land, and compulsory attendance in residential schools increases the attendance of aboriginal youth in the criminal justice system. These factors increase the commitment of crime and post-traumatic stress disorder.

Our Perspective

A study has presumed that due to the the Aboriginal status Aboriginal youth are more likely then non Aboriginal youth to receive custody and longer custodial sentencing

Concluding our research our team has determined that although aboriginal youth continue to face systemic discrimination ( intentional or not) in order for real change to occur it must begin within the community

Feather project

The medium sentence length for Aboriginal Youth was 90 days while the medium sentence length for non aboriginal youth was 35 days.

In accordance to the ratios Aboriginal youth was 1.6 times more likely to receive a secure custody sentence than a non aboriginal youth regardless of his or her criminal history or the seriousness of the crime