Podcast
Questions and Answers
What does the term 'Gladue Principles' refer to?
What does the term 'Gladue Principles' refer to?
What was the main conclusion reached in the Supreme Court of Canada's decision in R v. Gladue (1999)?
What was the main conclusion reached in the Supreme Court of Canada's decision in R v. Gladue (1999)?
Which of the following is NOT a criticism of the Gladue Principles' implementation?
Which of the following is NOT a criticism of the Gladue Principles' implementation?
What is the primary objective of the Okimaw Ohci Healing Lodge?
What is the primary objective of the Okimaw Ohci Healing Lodge?
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What is the main focus of the Aboriginal Women Offender Correctional Program (AWOCP)?
What is the main focus of the Aboriginal Women Offender Correctional Program (AWOCP)?
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What is one reason for the overrepresentation of Indigenous individuals in the Canadian Justice System (CJS)?
What is one reason for the overrepresentation of Indigenous individuals in the Canadian Justice System (CJS)?
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Which of these statements is a criticism of correctional programs for Indigenous offenders?
Which of these statements is a criticism of correctional programs for Indigenous offenders?
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Which of these statements accurately reflects the challenges faced by correctional programs for Indigenous offenders?
Which of these statements accurately reflects the challenges faced by correctional programs for Indigenous offenders?
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Which of the following accurately describes the impact of the Sixties Scoop on Indigenous people?
Which of the following accurately describes the impact of the Sixties Scoop on Indigenous people?
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What is the primary purpose of sentencing as outlined in Bill C-41 (1996)?
What is the primary purpose of sentencing as outlined in Bill C-41 (1996)?
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What is the significance of the R v. Ipeelee (2012) case?
What is the significance of the R v. Ipeelee (2012) case?
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Which of these is NOT a factor contributing to the continued overrepresentation of Indigenous people in prisons?
Which of these is NOT a factor contributing to the continued overrepresentation of Indigenous people in prisons?
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How does the incarceration rate for Indigenous women compare to that of non-Indigenous women in Canada?
How does the incarceration rate for Indigenous women compare to that of non-Indigenous women in Canada?
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Based on the information presented, what is the essential goal of the Okimaw Ohci Healing Lodge and the Aboriginal Women Offender Correctional Program (AWOCP)?
Based on the information presented, what is the essential goal of the Okimaw Ohci Healing Lodge and the Aboriginal Women Offender Correctional Program (AWOCP)?
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What is a key difference between systemic discrimination and structural racism?
What is a key difference between systemic discrimination and structural racism?
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According to the content, what are some common characteristics of incarcerated Indigenous individuals? (Select all that apply)
According to the content, what are some common characteristics of incarcerated Indigenous individuals? (Select all that apply)
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Which of the following is a key goal of the sentencing reform introduced by Bill C-41?
Which of the following is a key goal of the sentencing reform introduced by Bill C-41?
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What is the significance of the increasing incarceration rate of Indigenous women in Canada?
What is the significance of the increasing incarceration rate of Indigenous women in Canada?
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How does colonialism contribute to the overrepresentation of Indigenous people in the CJS?
How does colonialism contribute to the overrepresentation of Indigenous people in the CJS?
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Which of the following best describes the relationship between colonialism and the CJS?
Which of the following best describes the relationship between colonialism and the CJS?
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What percentage of the Canadian population are Indigenous people?
What percentage of the Canadian population are Indigenous people?
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What percentage of female admissions to federal custody in 2022/2023 were Indigenous women?
What percentage of female admissions to federal custody in 2022/2023 were Indigenous women?
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What initiatives are underway to address the overrepresentation of Indigenous women in the Canadian criminal justice system?
What initiatives are underway to address the overrepresentation of Indigenous women in the Canadian criminal justice system?
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Which of the following is NOT mentioned as a factor contributing to the overrepresentation of Indigenous women in the Canadian justice system?
Which of the following is NOT mentioned as a factor contributing to the overrepresentation of Indigenous women in the Canadian justice system?
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What term describes the practice of drawing red lines around areas on a map to designate neighborhoods where loans should not be made?
What term describes the practice of drawing red lines around areas on a map to designate neighborhoods where loans should not be made?
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What is a key argument made by proponents of the carceral redlining theory?
What is a key argument made by proponents of the carceral redlining theory?
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What impact has redlining had on Black and Indigenous communities?
What impact has redlining had on Black and Indigenous communities?
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Which of the following is NOT a consequence of racial profiling?
Which of the following is NOT a consequence of racial profiling?
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What does the term "mass incarceration" refer to?
What does the term "mass incarceration" refer to?
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What is the relationship between racial profiling and the self-fulfilling prophecy?
What is the relationship between racial profiling and the self-fulfilling prophecy?
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What argument does the text make about the connection between prisons and residential schools?
What argument does the text make about the connection between prisons and residential schools?
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What is the main argument presented in the text regarding the omission of Black and racialized women from early feminist theories?
What is the main argument presented in the text regarding the omission of Black and racialized women from early feminist theories?
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What key concepts from anti-racist and Black feminist thought are mentioned in the text?
What key concepts from anti-racist and Black feminist thought are mentioned in the text?
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How does racialization contribute to the over-policing of Black and Indigenous communities?
How does racialization contribute to the over-policing of Black and Indigenous communities?
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Which of the following is NOT a reason why Terri-Lynn McClintic's transfer to the Okimaw Healing Lodge sparked national outrage?
Which of the following is NOT a reason why Terri-Lynn McClintic's transfer to the Okimaw Healing Lodge sparked national outrage?
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What was the primary motivation for bringing Black people to Nova Scotia in the 17th century?
What was the primary motivation for bringing Black people to Nova Scotia in the 17th century?
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During slavery, Black women were disproportionately labeled as "Jezebels" due to what perception?
During slavery, Black women were disproportionately labeled as "Jezebels" due to what perception?
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What was the purpose of the Conservative party's motion in parliament regarding Terri-Lynn McClintic's prison transfer?
What was the purpose of the Conservative party's motion in parliament regarding Terri-Lynn McClintic's prison transfer?
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How did the institution of slavery impact Black women in Canada?
How did the institution of slavery impact Black women in Canada?
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What is the "shadow carceral state" as defined in the content?
What is the "shadow carceral state" as defined in the content?
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What is the main point of the statistic that Black prisoners account for 9.3% of the federal prison population but only 2.9% of the Canadian population?
What is the main point of the statistic that Black prisoners account for 9.3% of the federal prison population but only 2.9% of the Canadian population?
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What is the main challenge to understanding the incarceration of Black and racialized women in Canada?
What is the main challenge to understanding the incarceration of Black and racialized women in Canada?
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How does the content describe the impact of systemic racism on the lives of Black Canadians?
How does the content describe the impact of systemic racism on the lives of Black Canadians?
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What is the main argument for abolishing prisons as presented in the content?
What is the main argument for abolishing prisons as presented in the content?
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According to the content, what does reformation mean in the context of the prison system?
According to the content, what does reformation mean in the context of the prison system?
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Which of these is NOT an example of a punishment procedure used by the "shadow carceral state" as described in the content?
Which of these is NOT an example of a punishment procedure used by the "shadow carceral state" as described in the content?
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Which of the following accurately reflects the content's stance on addressing harm in society?
Which of the following accurately reflects the content's stance on addressing harm in society?
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Flashcards
Indigenous women in CJS
Indigenous women in CJS
Indigenous women made up 49% of female admissions to federal custody in Canada.
R v Gladue
R v Gladue
A landmark Supreme Court case recognizing the unique circumstances of Indigenous offenders.
Carceral Redlining
Carceral Redlining
The practice of disproportionately incarcerating racialized communities, akin to housing discrimination.
Indigenous youth in the CJS
Indigenous youth in the CJS
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Healing lodges
Healing lodges
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Terri-Lynn McClintic
Terri-Lynn McClintic
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Okimaw Healing Lodge
Okimaw Healing Lodge
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Transatlantic Slave Trade
Transatlantic Slave Trade
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Impact of Slavery on Black Women
Impact of Slavery on Black Women
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Racialized Narratives
Racialized Narratives
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Colonialism
Colonialism
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Sixties Scoop
Sixties Scoop
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Systemic discrimination
Systemic discrimination
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Structural racism
Structural racism
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Overrepresentation of Indigenous Peoples
Overrepresentation of Indigenous Peoples
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CJS involvement risk factors
CJS involvement risk factors
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Incarcerated Indigenous women statistics
Incarcerated Indigenous women statistics
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Bill C-41
Bill C-41
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Purpose of sentencing
Purpose of sentencing
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Trauma and Indigenous Peoples
Trauma and Indigenous Peoples
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Jamie Tanis Gladue
Jamie Tanis Gladue
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Gladue Principles
Gladue Principles
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Supreme Court ruling (Gladue)
Supreme Court ruling (Gladue)
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R v. Ipeelee
R v. Ipeelee
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Section 718.2(e)
Section 718.2(e)
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Okimaw Ohci Healing Lodge
Okimaw Ohci Healing Lodge
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Aboriginal Women Offender Correctional Program (AWOCP)
Aboriginal Women Offender Correctional Program (AWOCP)
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Criticism of Corrections
Criticism of Corrections
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Intergenerational effects
Intergenerational effects
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Incarceration rates
Incarceration rates
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Omission of Black Women in Criminology
Omission of Black Women in Criminology
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Intersectionality
Intersectionality
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Viola Desmond
Viola Desmond
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Redlining
Redlining
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Mass Incarceration
Mass Incarceration
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Racial Profiling
Racial Profiling
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Effects of Profiling
Effects of Profiling
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Racialization
Racialization
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Anti-Black Racism
Anti-Black Racism
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Systemic racism impact
Systemic racism impact
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Prime Minister Laurier's policy
Prime Minister Laurier's policy
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Shadow Carceral State
Shadow Carceral State
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BIPOC incarceration statistics
BIPOC incarceration statistics
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Provincial prison documentation
Provincial prison documentation
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Black women's incarceration rate
Black women's incarceration rate
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Reformation vs Abolition
Reformation vs Abolition
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Abolitionism definition
Abolitionism definition
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Study Notes
Week 3: Black, Racialized, and Indigenous Women in the CJS
- The week's focus is on Black, racialized, and Indigenous women in the Canadian justice system (CJS).
- Office hours are scheduled for Wednesday from 1-2 pm via zoom.
- A midterm is scheduled for February 11th in class.
- Case studies are due 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
- Indigenous adults accounted for 33% of total admissions to federal custody in 2022/2023, despite making up 4% of the total population.
- Indigenous women accounted for 49% of female admissions.
- Indigenous men accounted for 32% of male admissions in the same period.
- Indigenous youth make up 43% of all criminalized youth, representing only 8.8% of the population.
- Correctional Service of Canada (CSC) has acknowledged needing to better address the needs of Indigenous people.
- CSC has initiated healing lodges and other cultural programs but questions if they were effective.
Colonialism and its Effects
- Colonialism involves territorial, cultural, linguistic, political, mental, spiritual, and/or economic domination by one group over another.
- Colonialism exploits and oppresses people, aims to erase individual and cultural identities.
- The Sixties Scoop is an example of this; Indigenous children were taken from their families and placed with white families.
- Colonialism is the single largest risk factor for Indigenous people's involvement in the CJS. It leads to discrimination, racism, and marginalization.
- Systemic discrimination and structural racism cause racial inequality by creating unfair policies and practices.
Indigenous Peoples and the CJS
- Federal government has acknowledged the overrepresentation of Indigenous people in the CJS.
- Compared to non-Indigenous individuals, criminalized Indigenous individuals are typically younger and poorer.
- They are more likely to be incarcerated for violent offenses, have higher needs in terms of employment, education, and health, and are at greater risk for drug/alcohol abuse, physical abuse, and neglect in childhood.
- Criminalized Indigenous people also experience higher rates of trauma and intergenerational trauma.
Indigenous Women and the CJS
- From 1998 to 2008, incarcerated Indigenous women increased by 131%.
- From 2008 to 2018, there was a 60% increase in incarcerations of Indigenous women.
- Indigenous women are incarcerated at a rate 12.5 times greater than non-Indigenous women.
- The average age of criminalized Indigenous women is 34 years.
- Self-injury rates are 17 times higher for criminalized Indigenous women.
- Data from 2012-2018 shows Indigenous women are overrepresented across maximum and minimum security classifications.
1996 Reforms: Bill C-41
- Sentencing reform was introduced in 1996 with Bill C-41.
- The purpose of sentencing includes protecting society, contributing to the respect for law, maintaining a just, peaceful, and safe society, and imposing just sanctions that have objectives like those described in section 718.2(e).
R v Gladue, 1999
- In this case, Jamie Tanis Gladue, a Cree woman, was sentenced by the courts.
- She challenged her sentence, and the Supreme Court of Canada ruled that courts must consider the unique systemic or background factors of Indigenous people to lessen overrepresentation in prisons (known as Gladue Principles).
R v. Ipeelee
- This case revisited the Gladue principles, recognizing that courts incorrectly interpreted the Gladue principles, underestimating intergenerational effects on Indigenous people.
- The Supreme Court clarified the need to consider sentencing alternatives, emphasizing the circumstances of Aboriginal offenders.
Application of Gladue
- The Gladue principles were intended to reduce Indigenous overrepresentation in incarceration, but rates have not changed.
- Indigenous women are still categorized with high risk.
- Interpretation of Gladue principles varies.
- There is a lack of consistent application and training to apply Gladue principles fairly.
Okimaw Ohci Healing Lodge
- A 60-bed facility in Saskatchewan opened in 1995, intended to house incarcerated Indigenous women in a healing environment, addressing underlying issues and focusing on healing.
Cultural Needs within Corrections
- Aboriginal Women Offender Correctional Program (AWOCP) was introduced in 2010
- It includes holistic Indigenous approaches to correctional programs.
Criticisms of Corrections
- Programs are often irrelevant to Indigenous knowledge and culture, failing to address root causes of incarceration.
- Limited access to these programs exists due to low numbers.
- Limited use of legislated approaches to improve reintegration.
- Healing lodges are not always accessible or well-utilized and monitored
Case: "Child Killer" Terri-Lynn McClintic
- In April 2009, Terri-Lynn McClintic was involved in the abduction, rape, and murder of 8-year-old Tori Stafford.
- She was sentenced to life in prison without parole for 25 years.
- The case sparked outrage and resulted in a parliamentary motion to overturn the decision.
Slavery
- Slavery was a recognized institution in Canada, beginning in 1628 and continuing until 1833.
- It involved the forced migration of people from Africa to Nova Scotia.
- Slave ownership was not limited to just the elite, but also involved government officials, military, tradesmen, merchants, and bishops.
- Claims exist that the degree of slavery in Canada has been downplayed.
Slavery Continued
- Black women faced control over their bodies during slavery, considered undesirable, non-feminine, hypersexual, and often subjected to sexual violence that was legitimized under slave laws.
Omission of Black and Racialized women from Criminology
- Early feminist theories tended to exclude criminalized women who deviated from cultural standards of femininity and morality, thereby contributing to their underrepresentation in criminological studies.
- White, middle-class women often led early forms of feminist theory focusing solely on women’s experiences and excluding racial differences in their experiences.
- Anti-racist and Black feminist theories call for intersectional analysis to better understand complex issues involving women’s race and gender.
Viola Desmond
- Viola Desmond was a Black activist who challenged segregation in Canada. She refused to give up her seat on a public transit in the 1940s and created a substantial case, leading to attention of African-Nova Scotian struggles for equal rights that inspired the civil rights movement.
Redlining
- Redlining is a discriminatory practice of drawing red lines on maps to demarcate areas where loans were not to be extended to people of color, denying them access to certain neighborhoods.
- Redlining in the United States began in the 1930's along with homeownership campaigns, becoming increasingly common during the Civil Rights movement.
- This practice was banned in the U.S. in 1968, but residual issues persist.
Carceral Redlining
- Carceral redlining is a systemic practice where incarceration procedures are used to control racialized communities.
- This includes the racial profiling, over-policing, and de facto separation of racialized communities.
Carceral Redlining and Mass Incarceration
- Despite Canada's declining crime rates, incarceration rates for BIPOC are increasing.
- BIPOC prisoners are less likely to receive parole and receive harsher sentences than the general population.
Targeting of POC
- Over-policing and targeting of Black and Indigenous communities is a form of carceral redlining, which continues present in contemporary policing policies.
Racial Profiling
- Racial profiling is a distinct form of violence with far-reaching and detrimental consequences for Black people, including higher rates of identity checks, searches, seizures and car stops.
- Policing practices involve carding and "street checks" in Canada.
- Practices like carding disproportionately impact young Black males and people of African descent.
Effects of Profiling
- Racial profiling has significant psychological impacts on Black communities.
- Psychological consequences include heightened anxiety, fear of outside judgment and violence, and feelings of alienation.
Racialization and Racism
- Racialization is the process of creating racial categories or applying existing racial stereotypes. Anti-Black racism negatively affects Black Canadian lives within employment, education, child welfare, and other social institutions.
- Key figures like Dr. Akua Benjamin have addressed this issue in their work.
- Racism against Black populations continues despite evidence, including historic government policies like the exclusion of Black immigrants by Prime Minister Wilfrid Laurier.
Shadow Carceral State
- The shadow carceral state involves the expansion of punitive state power through surveillance, detention, and removal from institutions like immigration courts, and family and civil detention centers. These actions are disproportionately targeted at racialized communities
Incarceration of BIPOC
- Black prisoners constitute 9.3% of the total federal prison population although they only account for 2.9% of the Canadian population.
- The number of incarcerated Black prisoners has increased by 75% over a decade, highlighting systemic discrimination.
Provincially Sentenced Women
- There's limited data on Black and racialized women in Canada's prison systems.
- Publicly released information is insufficient; Canadian government data lacks granular detail on racialized women within these systems.
Federally Sentenced Women
- Research on federally sentenced women lacks comprehensive data at the federal level, yet it is evident that Black women are disproportionately involved in the CJS.
- There is a need for better research on the disproportionate incarceration rates of Black women.
Abolition or Reformation
- Community-based efforts focused on healing, accountability, and restorative justice are alternatives to the carceral system and can help address systemic harm.
- Reformation focuses on reforming institutions. Abolition focuses on dismantling systems entirely.
References
- Various cited sources provide further details on the topics explored. These notes are a summary of relevant information from various sources.
Next Week
- The next week's topics include female youth and discussions about Ashley Smith cases.
- There will be assigned readings, quizzes, and a midterm.
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Description
Test your knowledge on the Gladue Principles and their significance in the Canadian justice system. This quiz covers key cases, programs, and challenges faced by Indigenous offenders, providing insights into their treatment within the legal framework. Explore historical contexts such as the Sixties Scoop and the objectives of unique correctional programs.