Despite making up only five per cent of CanadaSA国际影视传媒檚 population, Indigenous people serving federal sentences now represent more than 30 per cent of the overall prison population SA国际影视传媒� a historic high thatSA国际影视传媒檚 renewed calls for fundamental changes to the countrySA国际影视传媒檚 correctional system.

The increasing over-representation of Indigenous people in prisons across Canada is outlined in a report released last week by the Office of the Correctional Investigator.

While the overall number of federal inmates SA国际影视传媒� those serving custodial sentences of two or more years SA国际影视传媒� has dropped in recent years, the proportion of Indigenous people behind bars continues to climb at a SA国际影视传媒渄isturbingSA国际影视传媒� and unacceptable rate, says lead investigator Dr. Ivan Zinger.

The number of Indigenous federal inmates has soared by 43.4 per cent since 2010, while the prison population of non-Indigenous individuals has declined by almost 14 per cent over the same period.

'Deepening Indigenization'

The passing of the 30 per cent mark, a five per cent spike from four years ago, signals a SA国际影视传媒渄eepening Indigenization,SA国际影视传媒� of a correctional system rife with SA国际影视传媒渆ntrenched imbalances,SA国际影视传媒� stated Zinger.

SA国际影视传媒淭he Indigenization of CanadaSA国际影视传媒檚 prison population is nothing short of a national travesty,SA国际影视传媒� he wrote.

The troubling trend is mirrored in NWT jails.

Of the total number of adult inmates in custody at the territorySA国际影视传媒檚 three correctional facilities, 83 per cent are Indigenous, according to GNWT Justice Department spokesperson Sue Glowach.

There are no federal prisons in the NWT. The territory is home to three jails: YellowknifeSA国际影视传媒檚 North Slave Correctional Complex, South Mackenzie Correctional Centre in Hay River and the Fort Smith Correctional Complex. The facilities are mostly occupied by inmates awaiting trial or sentencing SA国际影视传媒� known as remand custody SA国际影视传媒� and inmates serving sentences of less than two years. Federal sentences are usually served in southern prisons but federal offenders sometimes serve their sentences in NWT jails. Currently, there are only two federal offenders in NWT correctional facilities, according to Glowach.

Eighty-two per cent of all sentenced inmates are Indigenous. Of all remanded inmates, 84 are Indigenous, current figures show.

Roughly half of the territorySA国际影视传媒檚 population is Indigenous.

According to SA国际影视传媒渟napshotSA国际影视传媒� data collected by the justice department last week, all women currently behind bars in the NWT are Indigenous SA国际影视传媒� 100 per cent. News/North has reached out to the Native WomenSA国际影视传媒檚 Association of the NWT for comment.

The stark over-representation mirrors a national trend: Indigenous women now make up 42 per cent of all women in federal custody.

SA国际影视传媒楲etSA国际影视传媒檚 deal with Indigenous wellness instead of Indigenous incarcerationSA国际影视传媒�

Garth Wallbridge, a Metis lawyer based in Yellowknife who has practised criminal law in the capital and Nunavut, says the report is the latest indication that the countrySA国际影视传媒檚 correctional system simply isnSA国际影视传媒檛 working.

SA国际影视传媒淚ncarceration is seen as a solution, when itSA国际影视传媒檚 not,SA国际影视传媒� Wallbridge told News/North. SA国际影视传媒淲e have known in this country for 35 years, if not longer, that the problem is getting worse.SA国际影视传媒�
Yet the same approach is used SA国际影视传媒渁gain and again,SA国际影视传媒� he said. People are jailed to deter and denounce crimes, and for the sake of SA国际影视传媒渞ehabilitation,SA国际影视传媒� when incarceration should be reserved for offenders who pose a legitimate threat to the public.

SA国际影视传媒淔or many Indigenous people today, we now consider prisons and jails to be the new residential schools,SA国际影视传媒� said Wallbridge.

SA国际影视传媒淲e have to do something different.SA国际影视传媒�

That will take a SA国际影视传媒渉uge shift in focusSA国际影视传媒� SA国际影视传媒� governments need to increase funding for alternative sentencing methods, for one thing, he said.

Wallbridge pointed to the success of the Arctic Indigenous Wellness Foundation, an initiative that focuses on traditional and cultural healing practices in the North. It runs an on-the-land healing camp in Yellowknife.

He said similar initiatives should be adopted across the country to tackle the over-representation of Indigenous people in CanadaSA国际影视传媒檚 prisons and jails.

SA国际影视传媒淟etSA国际影视传媒檚 deal with Indigenous wellness instead of Indigenous incarceration,SA国际影视传媒� said Wallbridge.
Indigenous peopleSA国际影视传媒檚 disproportionate presence in correctional systems wonSA国际影视传媒檛 be curbed or reversed until the root causes of crime committed by Indigenous people are confronted, says Yellowknife-based defence lawyer Peter Harte.

SA国际影视传媒淲e end up jailing people as punishment. It is a systemic response based on the theory that they have made a choice to become involved in criminal activity when it is frequently the case that ability to make choices is just about the last thing they have,SA国际影视传媒� Harte told News/North.

Courts have acknowledged Indigenous peoplesSA国际影视传媒� disproportionate presence in the correctional system is only getting worse but blame is often placed on government inaction in tackling the underlying causes, said Harte.

SA国际影视传媒淯ntil courts start saying we are not going to punish people who have come into conflict with the law because of these social problems, government will have little incentive to come to grips with the real issue,SA国际影视传媒� he said.

Meanwhile, the territorySA国际影视传媒檚 crime rate routinely ranks among the highest in Canada. Crime severity rates in the NWT continue to outpace national averages.

SA国际影视传媒淎s long as we continue to punish people for crime by putting them in jail, with these crime rates, we will see increasing numbers of Aboriginal offenders incarcerated,SA国际影视传媒� said Harte.

Federal investigator calls for SA国际影视传媒榖old and urgent actionSA国际影视传媒�

To address one of the nationSA国际影视传媒檚 SA国际影视传媒渕ost persistent and pressing human rights issues,SA国际影视传媒� ZingerSA国际影视传媒檚 report calls for SA国际影视传媒渂old and urgent actionSA国际影视传媒� from the Correctional Service of Canada (CSC) SA国际影视传媒� the body responsible for overseeing the custody of federal inmates SA国际影视传媒� and the Canadian government as a whole. For too long, the CSC has SA国际影视传媒渞ecused itself from any responsibility for Indigenous over-representation,SA国际影视传媒� stated Zinger.

Zinger says the CSC needs to make SA国际影视传媒渄rasticSA国际影视传媒� changes to lower the rate of re-admissions, and to better equip Indigenous offenders to return safely to their home communities post-incarceration. Echoing calls to action made in the final reports of the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG), ZingerSA国际影视传媒檚 report makes a number of recommendations SA国际影视传媒� including appointing a deputy commissioner for Indigenous Corrections, bolstering availability to culturally relevant correctional programming and enhancing the role of Indigenous elders in the correctional system.

The report also recommends boosting access to screening, diagnosis and treatment of Indigenous offenders affected by Fetal Alcohol Spectrum Disorder (FASD).

Harte, who often represents clients with cognitive deficits, welcomes the idea SA国际影视传媒� a change he says would have an impact on a territorial level, too.

Harte said the correctional system needs to be more responsive to the needs of FASD-affected Indigenous people passing through the courts.

SA国际影视传媒淚f we could identify the deficits that are at the heart of their offending, we can maybe focus on fixing the problem as opposed to imposing punishment with the hope that the punished will somehow figure it out,SA国际影视传媒� said Harte.

FACT FILE
Indigenous incarceration facts

• Nationally, Indigenous people incarcerated in CanadaSA国际影视传媒檚 prisons are more likely to be placed and held longer in segregation, or solitary confinement.
• Federal Indigenous offenders are disproportionately housed in maximum security facilities, are over-represented in incidents related to use of force and self-harm, and serve a higher proportion of their sentence before being granted parole compared to non-Indigenous inmates.
• At the current rate, Indigenous people in Canada are on pace to make up 33 per cent of all federal inmates in the next three years.
  Indigenous people in Canada face incarceration rates six to seven times higher than the national average.

Source: Office of the Correctional Investigator.