Indigenous and Black Women in Canada's Justice System
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Questions and Answers

What percentage of Indigenous women accounted for female admissions to federal custody?

  • 32%
  • 33%
  • 49% (correct)
  • 43%
  • Which of the following best describes the proportion of Indigenous youth among criminalized youth?

  • 49%
  • 43% (correct)
  • 8.8%
  • 33%
  • What has the Correctional Service of Canada (CSC) acknowledged regarding programming for Indigenous women?

  • It is already comprehensive.
  • It needs to better address their needs. (correct)
  • It focuses mainly on Indigenous men.
  • It has been completely effective.
  • In the context of the criminal justice system, what is 'carceral redlining' primarily concerned with?

    <p>Discrimination in policing and incarceration based on race. (B)</p> Signup and view all the answers

    Which case is specifically mentioned in the discussion about Indigenous women and the criminal justice system?

    <p>R v Gladue (A)</p> Signup and view all the answers

    What action was taken by the Conservative party in response to Terri-Lynn McClintic's transfer to the Okimaw Healing Lodge?

    <p>They introduced a motion to overturn the decision. (A)</p> Signup and view all the answers

    Which statement about slavery in Canada is accurate?

    <p>Many Canadians overlook and downplay the role of slavery in the country. (D)</p> Signup and view all the answers

    What narrative about Black women's bodies was perpetuated during slavery?

    <p>They were considered hypersexual and sexually available. (B)</p> Signup and view all the answers

    What was a significant outcome of the negative narrative around Black women's bodies?

    <p>Forced sterilization and income disparities. (D)</p> Signup and view all the answers

    What issue did the application of Gladue principles in classification and reclassification face?

    <p>Their application in practice was not apparent. (D)</p> Signup and view all the answers

    What is the primary characteristic of colonialism as defined in the content?

    <p>Domination and oppression of one group by another (A)</p> Signup and view all the answers

    Which of the following is identified as a significant risk factor for Indigenous peoples' involvement in the criminal justice system?

    <p>Colonialism (D)</p> Signup and view all the answers

    Which trend regarding incarcerated Indigenous women is highlighted from 1998 to 2008?

    <p>Incarceration increased by 131% (A)</p> Signup and view all the answers

    What does systemic discrimination refer to within institutions?

    <p>Practices and policies that perpetuate racial inequality (B)</p> Signup and view all the answers

    According to the content, what percentage increase was seen in incarcerated Indigenous women from 2008 to 2018?

    <p>60% (D)</p> Signup and view all the answers

    What age group has a higher occurrence of self-injury among criminalized Indigenous women?

    <p>Ages 34-40 (B)</p> Signup and view all the answers

    What does structural racism encompass according to the provided content?

    <p>Use of policies that disadvantage certain racial groups (D)</p> Signup and view all the answers

    What specific attention does Bill C-41 urge in terms of sentencing?

    <p>Consider all available sanctions, especially for Aboriginal offenders (D)</p> Signup and view all the answers

    What is one of the consequences of colonialism mentioned in the content?

    <p>Marginalization and discrimination (B)</p> Signup and view all the answers

    What characterizes the overrepresentation of Indigenous people in the criminal justice system?

    <p>Younger average age and poorer socioeconomic status (B)</p> Signup and view all the answers

    What was the outcome of Jamie Tanis Gladue's initial trial regarding her sentence?

    <p>She was sentenced to 3 years for manslaughter. (A)</p> Signup and view all the answers

    Which factors must judges consider according to the Gladue principles?

    <p>The unique systemic or background factors of Indigenous peoples and alternatives to incarceration. (B)</p> Signup and view all the answers

    What significant ruling did the Supreme Court make in the Ipeelee case?

    <p>Section 718.2(e) requires attention to Aboriginal offenders' circumstances. (D)</p> Signup and view all the answers

    What does the term 'shadow carceral state' refer to?

    <p>Expansive punitive state power involving surveillance and detention. (A)</p> Signup and view all the answers

    What percentage of the federally incarcerated population in Canada is comprised of Black prisoners?

    <p>9.3% (A)</p> Signup and view all the answers

    What is a major criticism regarding the application of section 718.2(e)?

    <p>It has not reduced Indigenous overrepresentation in prisons. (C)</p> Signup and view all the answers

    What is the purpose of the Okimaw Ohci Healing Lodge?

    <p>To address underlying issues and focus on healing. (A)</p> Signup and view all the answers

    Which of the following is a primary focus of abolitionism?

    <p>Dismantling all systems of incarceration. (A)</p> Signup and view all the answers

    Which statement accurately reflects the incarceration rates of Black women in Canada?

    <p>9.12% of federally incarcerated women are Black women. (C)</p> Signup and view all the answers

    What is a characteristic of the Aboriginal Women Offender Correctional Program (AWOCP)?

    <p>It incorporates elder assistance and trauma-informed programming. (A)</p> Signup and view all the answers

    What issue has been identified regarding Indigenous programming in regional facilities?

    <p>Limited programming is available due to low numbers of Indigenous women. (A)</p> Signup and view all the answers

    During the period from 2013 to 2017, what was the trend observed regarding the number of incarcerated Black women in Canada?

    <p>Decreased by 30%. (D)</p> Signup and view all the answers

    What was one of the findings in the Ipeelee case regarding the judges' interpretation of Gladue principles?

    <p>Judges recognized their misinterpretation and inadequacy. (A)</p> Signup and view all the answers

    What issue is highlighted regarding the government's documentation of Black women in incarceration?

    <p>It is difficult to track exact statistics. (B)</p> Signup and view all the answers

    Which alternative is emphasized by proponents of abolitionism?

    <p>Considering alternatives to incarceration for addressing harm. (D)</p> Signup and view all the answers

    What was a key issue in early feminist theories regarding women's deviance?

    <p>They overlooked the experiences of Black and racialized women. (D)</p> Signup and view all the answers

    What does the cost comparison between the healing lodge and traditional prison signify?

    <p>Healing lodges focus on rehabilitation, impacting costs. (B)</p> Signup and view all the answers

    Which of the following statements about Prime Minister Wilfrid Laurier's policies is true?

    <p>He sought to ban Black immigration to Canada. (D)</p> Signup and view all the answers

    Which statement accurately describes the concept of redlining?

    <p>It refers to systemic discrimination in lending practices for racialized communities. (A)</p> Signup and view all the answers

    Which of the following is a misconception about the corrections system regarding Indigenous peoples?

    <p>All programs meet the needs of Indigenous offenders. (A), Indigenous overrepresentation in prisons has decreased. (B), Indigenous programming is designed from Indigenous knowledge perspectives. (C)</p> Signup and view all the answers

    What term describes the systemic incarceration practices targeting marginalized communities?

    <p>Carceral redlining (B)</p> Signup and view all the answers

    What psychological effects can result from racial profiling and over-policing?

    <p>Heightened fear and anxiety in affected individuals. (D)</p> Signup and view all the answers

    What was Viola Desmond’s significant act in the struggle for equal rights?

    <p>She refused to leave a whites-only area in a movie theater. (D)</p> Signup and view all the answers

    How did mass incarceration disproportionately affect Indigenous and Black individuals?

    <p>They are marked as 'undesirable' within a justice system. (B)</p> Signup and view all the answers

    What practice allows police to conduct identity checks without reasonable suspicion?

    <p>Profiling (A)</p> Signup and view all the answers

    What does racialization involve?

    <p>Categorizing individuals based on racial characteristics. (D)</p> Signup and view all the answers

    What was the main impact of the Fair Housing Act of 1968?

    <p>It banned racial discrimination in housing practices. (A)</p> Signup and view all the answers

    What is the primary reason for the increasing incarceration rates among BIPOC despite declining overall crime rates in Canada?

    <p>Embedded practices of exclusion within the criminal justice system. (A)</p> Signup and view all the answers

    Flashcards

    Gladue Principles

    Legal principles ensuring Indigenous perspectives in justice processes.

    Terri-Lynn McClintic

    Convicted child killer who sparked national outrage over prison transfer.

    Transatlantic Slave Trade

    Trade where Black individuals were brought to Nova Scotia for labor.

    Slavery in Canada

    Institution accepted in 1628, abolished in 1833, often overlooked today.

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    Jezebel stereotypes

    Negative labels imposed on Black women during slavery, reducing them to hypersexuality.

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    Indigenous women in CJS

    Indigenous women accounted for 49% of female admissions to federal custody.

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    R v Gladue

    A landmark case that addresses the treatment of Indigenous people in the criminal justice system.

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    Carceral Redlining

    The practice of disproportionately targeting certain racialized communities for incarceration.

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    Indigenous youth in CJS

    Indigenous youth make up 43% of all criminalized youth, despite being 8.8% of the population.

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    Healing lodges

    Programs initiated by CSC aimed at addressing the needs of Indigenous women in custody.

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    Section 718.2(e)

    A section of the Criminal Code requiring consideration of Indigenous circumstances in sentencing.

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    Ipeelee Case

    A 2012 Supreme Court case revisiting the implementation of Gladue principles.

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    Okimaw Ohci Healing Lodge

    A facility in Saskatchewan focused on healing for incarcerated Indigenous women.

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    AWOCP

    A holistic correctional program tailored for Indigenous women offenders.

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    Intergenerational Effects

    The impact of trauma experienced by one generation affecting subsequent generations.

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    Sentencing Alternatives

    Options considered by judges instead of traditional incarceration.

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    Culturally Relevant Programming

    Correctional programs designed with Indigenous cultural perspectives.

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    Regional Discrepancy

    Variations in the application of Gladue principles across different regions.

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    Colonialism

    Domination by one group over others, eradicating identities.

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    Sixties Scoop

    Indigenous children taken from families and placed with White families.

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    Systemic discrimination

    Institutional practices that create racial inequality.

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    Structural racism

    Institutional policies maintaining racial disadvantages.

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    Overrepresentation of Indigenous peoples

    Higher incarceration rates compared to non-Indigenous individuals.

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    Challenges of criminalized Indigenous Individuals

    Younger, poorer, and with higher health, educational, and trauma needs.

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    Incarceration rates of Indigenous women

    Incarcerated at rates 12.5 times greater than non-Indigenous women.

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    Bill C-41

    1996 reform introducing the purpose of sentencing in Canada.

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    Purpose of sentencing

    To protect society and maintain justice through fair sanctions.

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    Intergenerational trauma

    Trauma passed down through generations, affecting Indigenous peoples.

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    Intersectionality

    An analytical framework considering multiple social identities such as race and gender.

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    Viola Desmond

    A Canadian civil rights activist known for refusing to leave a whites-only section of a movie theater.

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    Redlining

    A discriminatory practice marking regions on maps that restricts loan access to people of color.

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    Mass Incarceration

    The disproportionate imprisonment of BIPOC despite declining crime rates in society.

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    Racial Profiling

    Law enforcement's assumption that individuals are suspicious based on their race or ethnicity.

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    Effects of Profiling

    Psychological impacts including PTSD, anxiety, and fear resulting from racial profiling.

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    Racialization

    The process of defining and categorizing people based on perceived racial characteristics.

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    Anti-Black Racism

    A specific form of racism affecting Black Canadians in various social systems.

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    Over-policing

    Increased police presence and surveillance in primarily Black and Indigenous communities.

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    Systemic Racism

    A form of racism embedded in the policies and practices of institutions.

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    Shadow Carceral State

    Expansive punitive state power enacting surveillance and punishment.

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    Incarceration of BIPOC

    Disproportionate representation of Black individuals in prisons.

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    Provincially Sentenced Women

    Lack of documented statistics on incarceration of Black women.

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    Reformation

    The process of making changes to improve an institution.

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    Abolition

    The total dismantling of systems of incarceration.

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    Federal Incarceration Statistics

    Black women represent 9.12% of federally incarcerated women in Canada.

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    Alternatives to Incarceration

    Methods for addressing harm outside of prison systems.

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    Study Notes

    Week 3: Black, Racialized, and Indigenous Women in the CJS

    • Focuses on the experiences of Black, racialized, and Indigenous women within the Canadian Criminal Justice System (CJS).
    • Includes information on historical and systemic factors contributing to the overrepresentation of these groups in the CJS.
    • Addresses specific issues like colonialism, slavery, redlining, and racial profiling.
    • Examines the Gladue principles and their application to sentencing.
    • Discusses the Okimaw Ohci Healing Lodge and other cultural programs.
    • Explores the Aboriginal Women Offender Correctional Program (AWOCP).
    • Explores the impact of systemic racism.
    • Highlights cases like R v. Gladue and R v. Ipeelee.
    • Presents statistics on Indigenous women in the CJS, including incarceration rates and demographics.
    • Investigates concerns and criticisms of current correctional approaches and programs and their effectiveness.

    Announcements and Reminders

    • Office hours: Wednesdays, 1-2 PM via Zoom.
    • Midterm: February 11th in class.
    • Case study rubric: Posted by the end of the week.

    This Week's Outline

    • Introduction to Indigenous women and the CJS
    • R v. Gladue
    • Case: Terri-Lynn McClintic
    • Carceral Redlining
    • Effects of slavery
    • Race and Racialization
    • Policing of Black women

    Introduction to BIPOC and the CJS

    • 2022/2023: Indigenous adults accounted for 33% of federal admissions, despite being 4% of the population.
    • Indigenous women accounted for 49% of female admissions, and Indigenous men for 32% of male admissions to federal custody.
    • Indigenous youth make up 43% of all criminalized youth, compared to only 8.8% of the population.
    • Correctional Service of Canada (CSC) acknowledges that programming needs to better address the needs of Indigenous people.
    • CSC has initiated healing lodges and cultural programming; the efficacy of this remains unclear.

    Colonialism and its Effects

    • Colonialism is a complex combination of territorial, cultural, linguistic, political, mental, spiritual, and economic domination.
    • Colonialism is driven by exploitation and oppression.
    • The intent is to eradicate the individual and cultural identity of targeted groups.
    • Colonialism leads to discrimination, racism, and marginalization.
    • Colonialism is the largest risk factor for Indigenous people's involvement in the Criminal Justice System.

    Colonialism and its effects (continued)

    • Systemic discrimination: Policies and practices of an institution create and perpetuate racial inequality.
    • Structural racism: Policies and practices of systems perpetuate disadvantages for racialized groups.

    Indigenous Peoples and the CJS

    • Indigenous people are overrepresented in the CJS.
    • Compared to non-Indigenous individuals, criminalized Indigenous individuals are, on average, younger, poorer, and more likely to be incarcerated for a violent offense.
    • Indigenous individuals face higher rates of unemployment/education needs and health problems.
    • They experience higher rates of substance abuse, early-age abuse, parental neglect, child welfare system involvement and intergenerational trauma.

    Indigenous Women and the CJS

    • Between 1998 and 2008, incarcerated Indigenous women increased by 131%.
    • Between 2008 and 2018, incarceration rates for Indigenous women increased by 60%.
    • Indigenous women are incarcerated at a rate 12.5 times greater than non-Indigenous women.
    • The average age of a criminalized Indigenous woman is 34 years.
    • Indigenous women experience self-harm at a rate 17 times higher than non-Indigenous women.

    Security Classification of Criminalized Women by Race

    • A chart showing the percentage of Indigenous versus other racialized women in maximum vs minimum security in prisons. Data from 2012 to 2018.

    1996 Reforms: Bill C-41

    • Sentencing reforms were introduced in 1996 with Bill C-41.
    • The primary focus of sentencing is to protect society, contributing to lawful behavior, while also imposing just sanctions.
    • Sentencing should take into account potential alternative sanctions, especially for Aboriginal offenders.

    R v Gladue, 1999

    • Jamie Tanis Gladue, a Cree woman, was sentenced for manslaughter.
    • The Supreme Court of Canada ruled that courts must consider the unique circumstances and systemic factors of Indigenous offenders, leading to the Gladue principles.

    R v Ipeelee

    • This 2012 case revisited and clarified the Gladue principles.
    • Courts must consider the intergenerational effects of colonialism and historical trauma.
    • Sentencing must explore alternatives to prison, and assess personal and background factors for Indigenous offenders.

    Application of Gladue

    • Despite the introduction of Gladue, rates of incarceration for Indigenous women haven't declined significantly; they are still classified as high risk.
    • Issues exist in interpretation and application of Gladue principles, leading to inconsistent sentencing.
    • Lack, or inconsistent application, of training further compounds the issue.
    • Regional differences/discrepancies in how Gladue principles are applied.

    Okimaw Ohci Healing Lodge

    • A 60-bed facility in Saskatchewan designed to house incarcerated Indigenous women.
    • Aims to address underlying issues and facilitate healing.
    • Supported programs like cultural sensitivity and trauma-informed care amongst others.
    • Costs for offender housing at the Healing Lodge were calculated.

    Cultural Needs within Corrections

    • The Aboriginal Women Offender Correctional Program (AWOCP) which was introduced in 2010.
    • A holistic program catering to Indigenous women.
    • Incorporates culturally sensitive and trauma-informed programs, as well as elder assistance.
    • The program includes various components such as engagement programs alongside moderate and high intensity components.

    Criticisms of Corrections

    • Corrections approaches are often culturally insensitive and inadequate to the unique needs of Indigenous people, with programs frequently designed through a pan-Indigenous lens.
    • Limited use of legislated approaches to reintegration for criminalized Indigenous people.
    • Existing healing lodges are often not well maintained, or easy to access.

    Case: "Child Killer" Terri-Lynn McClintic

    • In April 2009, Terri-Lynn McClintic was sentenced in connection to a murder case.
    • Her case involved extenuating circumstances of an Indigenous woman, involving background issues.
    • Sparked substantial societal discussion and controversy.

    Slavery

    • Slavery was prevalent in Canada until 1833.
    • Black individuals were forcibly brought to Nova Scotia for labor.
    • The practice violated human rights amongst others.
    • Individuals across different classes, including government officials and religious figures, engaged in the owning of enslaved people.

    Slavery (continued)

    • Control over the bodies of Black women during slavery
    • Viewed as undesirable or non-feminine
    • During slavery, Black women were labeled and reduced to stereotypes like "Jezebels."
    • Accusations and labels of hypersexuality and availability.
    • Rape legally sanctioned.
    • The trauma and experiences led to reduced rights and systemic issues.
    • Narratives regarding Black women perpetuated social injustices and systemic impacts.

    Omission of Black and Racialized Women from Criminology

    • Early feminist theories often excluded or marginalized the experiences of Black and racialized women.
    • There was a lack of inclusivity in analyzing criminalized women.
    • Early feminism was predominantly a white, female-driven movement, often failing to incorporate racial or gender analysis.
    • A lack of intersectionality, and critical race theory elements was also present.

    Viola Desmond

    • Viola Desmond challenged segregation in a Nova Scotia theatre.
    • Her actions sparked discussions and had an impact on the Civil Rights movement in Canada.

    Redlining

    • Redlining is a practice of denying loans or resources to people of color in certain neighborhoods.
    • Racist real estate practices and laws often contributed to the segregation of neighborhoods. Origins of redlining are in the 1930s.
    • Used primarily in the US.
    • Continued presence of redlining impacts exist across different jurisdictions.

    Carceral Redlining

    • Carceral redlining is a form of systemic oppression, whereby incarceration practices are deliberately used as a tool for social control by targeting racialized communities.
    • Historically, residential schools serve as a form of redlining for indigenous individuals.
    • The practice has resulted in further marginalization and disparities.

    Carceral Redlining and Mass Incarceration

    • Despite decreasing crime rates, incarceration rates for BIPOC are increasing.
    • Racialized prisoners are often less likely to be approved for parole or receive benefits like temporary absences.
    • Indigenous and Black people are more likely than others to be marked as "undesirable".
    • Data reveals disparities in parole rates for Indigenous and Black prisoners as compared to other prisoners.

    Targeting of POC

    • Over-policing of Black and Indigenous communities.
    • Former Toronto police chief statement highlighting policing as targeting high crime regions.
    • Racial profiling practices where individuals are suspected, and deemed more likely to commit crime due to ethnicity, are a systemic issue that contributes to racial injustice.

    Racial Profiling

    • Racial profiling is a practice that violates the ability for Black people to move freely.
    • Practices like carding, or stopping by police officers asking for personal information, often based on race.

    Effects of Racial Profiling

    • Significant negative psychological impacts for Black communities from over-policing.
    • Over-policing leads to increased PTSD, anxiety, alienation and general fear.

    Racialization and Racism

    • Racialization is a process of categorizing and evaluating people along racial lines.
    • Anti-black racism is a form of racism targeting Black Canadians. A variety of determinants like employment, education, health, immigration and more are impacted.
    • Issues surrounding this topic include racism against Black populations remaining widely ignored and prevalent, despite evidence of widespread impacts.
    • Historical context like policies enacted against Black immigration have direct systemic impacts today.

    Shadow Carceral State

    • The shadow carceral state is an expansive and punitive state power that uses institutions like immigration, family courts, civil detention centers, and schools to implement surveillance, detention, and removal of racialized people.

    Incarceration of BIPOC

    • Black prisoners disproportionately make up a higher percentage of overall federal prisoners, but a smaller percentage of the Canadian population (9.3% compared to ~2.9%).
    • Over the last ten years, the numbers of incarcerated Black people has risen by ~75%.

    Provincially Sentenced Women

    • Limited data exists regarding the incarceration rates of Black and racialized women at the provincial level; and the government does not publicly release information which makes it harder to track statistics and find exact figures for Black women.

    Federally Sentenced Women

    • Lack of substantial research on the incarceration rates of black women on a federal level.
    • Black women who are 15 years or older account for a significant portion of federally incarcerated women (~9.12%).
    • The majority of incarcerated Black women are concentrated at a federal prison in Ontario.

    Abolition or Reformation

    • Reformation: reforming institutions and practices (e.g., in incarceration or psychiatric facilities).
    • Abolition: dismantling all incarceration systems.
    • Discussion on alternative approaches to addressing societal harm.

    References

    • Includes cited articles and online resources for further research.

    Next Week

    • Reading Assignment: Chapter 6
    • Quiz #2, due Feb 4
    • Midterm, Feb 11th in class
    • Office hours: Wednesdays, 1-2 pm via Zoom

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    Week 3 CC203A1 PDF

    Description

    This quiz explores critical issues surrounding Indigenous and Black women in the Canadian criminal justice system. It includes questions on admission percentages, the challenges faced, and key historical narratives. Test your knowledge of the specific cases and governmental actions related to these communities.

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