Canadian Courts and Indigenous Women in Custody

• Women, Law and Crime
• January 6, 8

Today's Objectives

• Introduction
• Course Syllabus
• Kahoot
• Introduction to Women, Law and Crime

Syllabus

• Office Hours are on Mondays, 2-3 pm in RCE 251 or by appointment.
• TAs: Molly Phillips ([email protected]) and Claire Rahija ([email protected])
• Required Text: Barker, J. & Tavcer, D.S. (2022). Women and the Criminal Justice System: A Canadian Perspective (Third Edition). Edmond Publishing.
• Evaluation includes online quizzes (15%), a midterm (25%), a media assignment (30%), and a final take-home exam (30%).
• Online Quizzes: Due every second Monday by 4:00 pm, best 3 out of 5.
• Midterm: February 12 in class.
• Media Assignment: Due March 19.
• Final Take-Home Exam: 30%.

Current Structure of Canadian Policing

• Three tiers of policing: Municipal, Provincial, and Federal.

Municipal & Provincial Policing

• Largest number of police officers are in the Municipal police.
• Has 137 stand-alone police organizations in Canada, with the highest number in Ontario (44).
• Municipal police are governed by provincial police acts.
• Municipal can range from small to large like Toronto Police and Vancouver Police.
• The 3 provincial police services in Canada are Ontario, Quebec, and Newfoundland.
• Provincial police are often used in areas not served by RCMP or municipal forces.
• Provincial Police share similar mandates and responsibilities as municipal police.

Federal Police

• RCMP reports to the Minister of Public Safety.
• Operates in some capacity in all provinces and territories under the RCMP Act.
• There are 15 provincial/territorial divisions, a training depot in Regina, and headquarters in Ottawa.
• A range of services are provided, including front-line patrol, criminal investigations, and federally mandated services.

Indigenous Policing

• First Nations Policing Policy (FNPP) was introduced in June 1991.
• Two main types of policing agreements are self-administered police service agreements and community tripartite agreements.
• Self-administered agreements involve a First Nation or Inuit community managing its own police service under provincial legislation.
• Community Tripartite Agreements involve a dedicated group of officers from the Royal Canadian Mounted Police providing policing services to a First Nation or Inuit community.

Provincial Courts

• Each province possesses its own provincial court and is the primary venue for criminal cases.
• Three court levels exist in each province, which are provincial/territorial courts, superior courts, and courts of appeal.
• Provincial and territorial courts handle a wide variety of cases, such as by-laws, small claims, traffic violations, and family law, except for the most serious.
• Superior Courts handle the most serious criminal cases and all criminal trials with a jury.
• Courts of appeal: They Work in similar fashion to the Supreme Court of Canada

Provincial Specialty Courts

• Specialty courts exist at the provincial and territorial levels.
• Hear cases specific to one type of offense.
• The goal was to divert people away from the Criminal Justice System.
• Examples include Toronto's Drug Treatment Court and Domestic Violence Courts.

Federal Courts

• Hears cases involving claims against government and in federal areas.
• Examples include immigration and citizenship cases.
• It is made up of specialized courts, such as Tax Court and Military Court.
• Federal Court of Appeal also reviews decisions of federal tribunals.
• Courts include copyright board, Human Rights Tribunal, and transportation appeal.

Supreme Court of Canada

• All courts fall under the Supreme Court of Canada.
• Has authority over all private and public law.
• Holds no trials and only hear cases from various appeal courts.
• Made up of a chief justice and eight other judges appointed by the prime minister.
• The longest-serving Chief Justice was Beverley McLachlin, the first woman.

Correctional System

• Consists of both federal and provincial services.
• Females are incarcerated at a much lower rate than males.
• In 2018-2020, 7.45% of federally incarcerated persons in Canada were female.
• Due to the small number of female offenders, female inmates were housed with males.
• 1849 was the release of Brown commission report which highlighted horrific living conditions and punishment inflicted on women at Kingston Penitentiary.
• Charlotte Reveille was incarcerated for longer due to "weather", was abused, tortured, and confined.

Prison for Women (P4W)

• First women for prison (P4W) opened in 1934.
• The P4W had many issues with gendered rehabilitation programs like hairdressing housekeeping, cooking.
• Reports indicated that the penitentiary was costly when less than 50 women were housed at a time.
• Reports stated problems regarding housing all women in one prison, housing women too far from home, and lack of French programming.
• Indigenous women's needs were not met.

Prison for Women

• P4W closed in 2000.
• The Task Force on Federally Sentenced Women (TFFSW) recommended its closure.
• The Correctional Service of Canada and the Elizabeth Fry Society took a focused, women-centered approach.
• TFFSW's main goal was to access the correctional management of women.
• Women were transferred to 5 regional facilities, including a healing lodge for Indigenous women.

Prisons for Women

• Five initial Institutions for women: Grand Valley Institution for Women, Nova Institution, Edmonton Institution for Women, Joliette Institution, and Okimaw Ohci Healing Lodge
• The Grand Valley Institution for Women is in Kitchener, Ontario.
• The Nova Institution is in Nova Scotia.
• The Edmonton Institution for Women is in Alberta.
• The Joliette Institution is in Quebec.
• The Okimaw Ohci Healing Lodge is in Saskatchewan.
• The Fraser Valley Institution, the Buffalo Sage Wellness House, and the Regional Psychiatric Center also house women.

Statistics of Incarcerated Women

• Department of Justice Canada issued a 2020 report on women in the Criminal Justice System.
• The number of women in federal corrections has increased by 20% since 2014/2015, despite the total number of offenders changing very little (+0.3%).
• Despite representing only 4% of all women in Canada, Indigenous women made up 42% of women's admissions to provincial/territorial custody.
• Since 2007/2008, the number of Indigenous women admitted to provincial/territorial custody has increased dramatically by 66%, compared to a decrease of 8% for non-Indigenous women.

Criminalized Women

• 'Criminalized' describes individuals whose behaviors have been criminally sanctioned by law.
• Race, class, gender, and sexuality can affect the process of criminalization in many ways.
• 23% of women involved in the CJS were charged with crimes against the person.
• 25.8% of women charged with a crime against property.

Theft and Fraud

• The two most common crimes among women are theft and fraud.
• 27.3% of those convicted of theft are women.
• 28.1% of those convicted of fraud are women.
• Reasoning includes the economic needs of themselves and families.
• Examples include credit card fraud, shoplifting, and passing bad checks.
• Some women are also charged with defrauding government agencies i.e. welfare.

Black Women, Fraud and Welfare Queen

• The 1980s and 1990s saw another boost in Black mother-blaming through Welfare Reform and the War on Drugs through the construction of the Welfare Queen (Gurusami, 2019).
• Welfare queens are perceived to be lazy, often drug-addicted, hypersexual and careless parents.
• Welfare queens primary goal is to evade work and lead lavish lifestyles, funded by state benefits.
• Case: Linda Taylor

Illicit Drugs

• Women are commonly charged with drug-related activities.
• Drug-related crimes include driving under the influence, possession of drugs, trafficking, and importation.
• From 1991 to 2014, drug-related offenses increased by 52%, despite Canada's crime rate decreasing.

War on Drugs

• President Nixon launched strategies to combat drug use and distribution.
• Canada followed suit with Harper's Safe Streets and Community Act.
• Emily Murphy was a women's activist and one of the "famous five".
• Murphy is referred to as the "mother of marijuana criminalization".

Incarcerated Mothers

• Many incarcerated women are mothers.
• Children are placed into foster care or live with other family members due to being primary caregivers.
• Women often worry about their children, which causes stress, resulting in children being separated from their moms.
• Some women are allowed to have their children with them in prison, but most aren't.

Mother-Child Program

• It is a Government-initiative program intended to keep families together.
• The Mother-Child Program (MCP) was implemented in 2001 as part of a shift in women's corrections.
• Minimum or medium security.
• No mental health issues or criminal charges against a child.
• Must have a designated inmate babysitter.
• An alternate caregiver outside prison.

Coping Strategies

• Many women develop coping strategies when incarcerated due to stressors.
• Coping strategy: any behavior that a person employs to deal with a difficult situation.
• Some women commit criminal behavior to cope with abuse.
• Self-injury among incarcerated women is high (around 24-38%).
• Indigenous women account for 45.9% of all self-harm incidents in corrections.
• Suicide rates are 7% higher for incarcerated individuals.
• Alcohol and Drug Abuse are common coping mechanisms.

April 22nd Incident

• A women's prison riot occurred on April 22, 1994.
• A group of six women jumped on officers outside the hospital area at P4W.
• Many of the officers involved left their jobs and were negatively affected.
• During April 22-26, women verbally assaulted officers and participate in throwing food, involved in a slashing, attempted hostage taking, etc.
• The evening of April 26, the Warden of P4W called in a male institutional response team.

The Ultimate Response – P4W Riot

• VIDEO: The fifth estate - The Ultimate Response.
• The Commission of Inquiry (Arbour Inquiry).

Creating Choices Report

• In 1990, the "Creating Choices" report was released by the Task Force on Federally Sentenced Women.
• Highlights problems with the correctional system.
• Criticisms of the report included failure to define the meaning and criteria of woman-centeredness, and needs were still not met.

Watchdog Groups

• There a number of groups dedicated to ensuring rights are upheld within the CJS like the OCI, CAC's, and, the Canadian Association of Elizabeth Fry Societies
• The Office of the Correctional Investigator (OCI) reviews policies of the Correctional Service of Canada and complaints.
• Citizen Advisory Committees (CAC's) allow members of the public to contribute to the quality of programs for incarcerated people.
• Elizabeth Fry was a prison reformer from England who wanted to improve conditions of incarceration.
• The Canadian Association of Elizabeth Fry Societies support incarcerated women and girls and increase awareness of 'decarceration'.

Next Week: Theoretical Perspectivess

• Required readings on chapter two
• Reminders:
  • Sign up for accessibility learning center if you need accommodations for the course/exams.
  • Opt-out deadline for textbook is January 13.
  • Don't forget about office hours.

Explore the roles of Canadian courts, including the Courts of Appeal and the Supreme Court. Examine disparities in incarceration rates between Indigenous and non-Indigenous women, changes in custody admission rates, and common crimes among female convicts.