Indigenous Justice System Principles Quiz
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Questions and Answers

What does the term 'Gladue Principles' refer to?

  • Legal principles that require courts to consider the unique circumstances of Indigenous offenders. (correct)
  • Principles that promote the development of culturally relevant correctional programs for Indigenous people.
  • Principles that mandate the use of traditional Indigenous healing methods in sentencing.
  • Principles that prioritize the rehabilitation of Indigenous offenders over punishment.
  • What was the main conclusion reached in the Supreme Court of Canada's decision in R v. Gladue (1999)?

  • The court recognized the overrepresentation of Indigenous people in prison and mandated that judges consider the unique circumstances of Indigenous offenders. (correct)
  • The court ruled that Gladue Principles should not be applied in cases involving Indigenous offenders who do not live on reserves.
  • The court upheld the original sentence imposed on Jamie Gladue, finding that the Gladue Principles were not applicable in her case.
  • The court determined that the Gladue Principles should be applied to all cases involving Indigenous offenders, regardless of their background or circumstances.
  • Which of the following is NOT a criticism of the Gladue Principles' implementation?

  • The use of Gladue Principles to justify harsher penalties for Indigenous offenders.
  • The effectiveness of Gladue Principles in reducing Indigenous overrepresentation in prison. (correct)
  • The lack of sufficient training available for judges on applying Gladue Principles.
  • The inconsistent interpretation of Gladue Principles across different courts.
  • What is the primary objective of the Okimaw Ohci Healing Lodge?

    <p>To provide a culturally appropriate environment for Indigenous female offenders. (D)</p> Signup and view all the answers

    What is the main focus of the Aboriginal Women Offender Correctional Program (AWOCP)?

    <p>Providing a culturally sensitive and trauma-informed correctional program for Indigenous women. (D)</p> Signup and view all the answers

    What is one reason for the overrepresentation of Indigenous individuals in the Canadian Justice System (CJS)?

    <p>Higher rates of poverty and unemployment (A)</p> Signup and view all the answers

    Which of these statements is a criticism of correctional programs for Indigenous offenders?

    <p>The use of traditional Indigenous knowledge is not sufficiently incorporated into programming. (D)</p> Signup and view all the answers

    Which of these statements accurately reflects the challenges faced by correctional programs for Indigenous offenders?

    <p>The limited availability of these programs in all regional correctional facilities. (A)</p> Signup and view all the answers

    Which of the following accurately describes the impact of the Sixties Scoop on Indigenous people?

    <p>It promoted the assimilation of Indigenous people into mainstream society (B), It contributed to the loss of identity and displacement (D)</p> Signup and view all the answers

    What is the primary purpose of sentencing as outlined in Bill C-41 (1996)?

    <p>To protect society and maintain a just and peaceful society (A)</p> Signup and view all the answers

    What is the significance of the R v. Ipeelee (2012) case?

    <p>It highlighted the importance of considering the intergenerational effects of colonialism on Indigenous offenders' circumstances. (C)</p> Signup and view all the answers

    Which of these is NOT a factor contributing to the continued overrepresentation of Indigenous people in prisons?

    <p>The development and widespread adoption of culturally relevant correctional programs. (C)</p> Signup and view all the answers

    How does the incarceration rate for Indigenous women compare to that of non-Indigenous women in Canada?

    <p>Indigenous women are incarcerated at a rate 12.5 times higher than non-Indigenous women (A)</p> Signup and view all the answers

    Based on the information presented, what is the essential goal of the Okimaw Ohci Healing Lodge and the Aboriginal Women Offender Correctional Program (AWOCP)?

    <p>To rehabilitate Indigenous female offenders through culturally sensitive programming. (B)</p> Signup and view all the answers

    What is a key difference between systemic discrimination and structural racism?

    <p>Systemic discrimination targets individuals, while structural racism targets institutions (D)</p> Signup and view all the answers

    According to the content, what are some common characteristics of incarcerated Indigenous individuals? (Select all that apply)

    <p>They are more likely to have experienced abuse or neglect in childhood (A), They often have a history of involvement in the child welfare system (D)</p> Signup and view all the answers

    Which of the following is a key goal of the sentencing reform introduced by Bill C-41?

    <p>To consider alternative sanctions to imprisonment, especially for Indigenous offenders (B)</p> Signup and view all the answers

    What is the significance of the increasing incarceration rate of Indigenous women in Canada?

    <p>It highlights the impact of systemic discrimination and marginalization (B)</p> Signup and view all the answers

    How does colonialism contribute to the overrepresentation of Indigenous people in the CJS?

    <p>It creates a system of oppression and marginalization (D)</p> Signup and view all the answers

    Which of the following best describes the relationship between colonialism and the CJS?

    <p>Colonialism has significantly shaped the structure and practices of the CJS (A)</p> Signup and view all the answers

    What percentage of the Canadian population are Indigenous people?

    <p>4% (B)</p> Signup and view all the answers

    What percentage of female admissions to federal custody in 2022/2023 were Indigenous women?

    <p>49% (B)</p> Signup and view all the answers

    What initiatives are underway to address the overrepresentation of Indigenous women in the Canadian criminal justice system?

    <p>The Correctional Service of Canada has created more culturally relevant programming, like healing lodges. (A)</p> Signup and view all the answers

    Which of the following is NOT mentioned as a factor contributing to the overrepresentation of Indigenous women in the Canadian justice system?

    <p>The societal impacts of the War on Drugs (A)</p> Signup and view all the answers

    What term describes the practice of drawing red lines around areas on a map to designate neighborhoods where loans should not be made?

    <p>Redlining (C)</p> Signup and view all the answers

    What is a key argument made by proponents of the carceral redlining theory?

    <p>Prisons are a modern form of residential schools, continuing the colonial legacy of removing Indigenous children from their homes. (A)</p> Signup and view all the answers

    What impact has redlining had on Black and Indigenous communities?

    <p>It has contributed to the concentration of poverty and social disadvantage in certain neighborhoods. (A)</p> Signup and view all the answers

    Which of the following is NOT a consequence of racial profiling?

    <p>Improved police-community relations and trust. (D)</p> Signup and view all the answers

    What does the term "mass incarceration" refer to?

    <p>The high rates of imprisonment for Black and Indigenous people in Canada despite the declining crime rate. (D)</p> Signup and view all the answers

    What is the relationship between racial profiling and the self-fulfilling prophecy?

    <p>When a group is constantly targeted and suspected of wrongdoing, it increases the likelihood of finding evidence of criminality. (C)</p> Signup and view all the answers

    What argument does the text make about the connection between prisons and residential schools?

    <p>Prisons can be seen as a continuation of the colonial legacy of removing and controlling Indigenous populations. (B)</p> Signup and view all the answers

    What is the main argument presented in the text regarding the omission of Black and racialized women from early feminist theories?

    <p>Early feminist theories were primarily concerned with the experiences of white women and failed to address the unique challenges faced by Black and racialized women. (A)</p> Signup and view all the answers

    What key concepts from anti-racist and Black feminist thought are mentioned in the text?

    <p>Intersectionality, critical race theory, and Black feminist thought. (C)</p> Signup and view all the answers

    How does racialization contribute to the over-policing of Black and Indigenous communities?

    <p>Racialization reinforces negative stereotypes about Black and Indigenous individuals, leading to increased suspicion and surveillance. (A)</p> Signup and view all the answers

    Which of the following is NOT a reason why Terri-Lynn McClintic's transfer to the Okimaw Healing Lodge sparked national outrage?

    <p>The lack of accessible healing lodges in Canada (A)</p> Signup and view all the answers

    What was the primary motivation for bringing Black people to Nova Scotia in the 17th century?

    <p>Forced labor for economic purposes (A)</p> Signup and view all the answers

    During slavery, Black women were disproportionately labeled as "Jezebels" due to what perception?

    <p>Their perceived hypersexuality and availability (B)</p> Signup and view all the answers

    What was the purpose of the Conservative party's motion in parliament regarding Terri-Lynn McClintic's prison transfer?

    <p>To reverse the decision and return McClintic to a higher-security prison (D)</p> Signup and view all the answers

    How did the institution of slavery impact Black women in Canada?

    <p>It perpetuated negative narratives about their bodies and led to systemic oppression (B)</p> Signup and view all the answers

    What is the "shadow carceral state" as defined in the content?

    <p>A system of surveillance and punishment that operates outside of the formal criminal justice system. (A)</p> Signup and view all the answers

    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?

    <p>That the Canadian criminal justice system is biased against Black individuals. (C)</p> Signup and view all the answers

    What is the main challenge to understanding the incarceration of Black and racialized women in Canada?

    <p>The lack of reliable data on the demographics of incarcerated individuals. (C)</p> Signup and view all the answers

    How does the content describe the impact of systemic racism on the lives of Black Canadians?

    <p>It highlights the ways in which systemic racism creates barriers for Black Canadians. (A)</p> Signup and view all the answers

    What is the main argument for abolishing prisons as presented in the content?

    <p>That prisons are unjust and create more harm than good. (C)</p> Signup and view all the answers

    According to the content, what does reformation mean in the context of the prison system?

    <p>The act of improving or changing the prison system. (C)</p> Signup and view all the answers

    Which of these is NOT an example of a punishment procedure used by the "shadow carceral state" as described in the content?

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

    Which of the following accurately reflects the content's stance on addressing harm in society?

    <p>The content emphasizes the need for alternatives to traditional incarceration to address harm. (B)</p> Signup and view all the answers

    Flashcards

    Indigenous women in CJS

    Indigenous women made up 49% of female admissions to federal custody in Canada.

    R v Gladue

    A landmark Supreme Court case recognizing the unique circumstances of Indigenous offenders.

    Carceral Redlining

    The practice of disproportionately incarcerating racialized communities, akin to housing discrimination.

    Indigenous youth in the CJS

    Indigenous youth represent 43% of criminalized youth, despite being 8.8% of the population.

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    Healing lodges

    Culturally sensitive facilities aimed at addressing the needs of Indigenous offenders in Canada.

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    Terri-Lynn McClintic

    A woman convicted of abducting and murdering 8-year-old Tori Stafford in 2009.

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    Okimaw Healing Lodge

    A facility for Indigenous offenders, intended for rehabilitation, but its accessibility and monitoring are questioned.

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    Transatlantic Slave Trade

    The forced transportation of Africans to North America for labor, prevalent in the 17th and 18th centuries.

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    Impact of Slavery on Black Women

    During slavery, Black women were dehumanized, labeled as 'undesirable,' and subjected to sexual violence.

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    Racialized Narratives

    Cultural stereotypes that shape perceptions about Black people, contributing to systemic racism and inequality.

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    Colonialism

    Domination of one group over another through various means.

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    Sixties Scoop

    Indigenous children placed in non-Indigenous homes.

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    Systemic discrimination

    Institutional practices causing racial inequalities.

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    Structural racism

    Policies perpetuating racial disadvantages in society.

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    Overrepresentation of Indigenous Peoples

    Indigenous individuals make up a larger proportion in the CJS.

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    CJS involvement risk factors

    Primary risks for Indigenous peoples in criminal justice.

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    Incarcerated Indigenous women statistics

    Dramatic increase in incarceration rates of Indigenous women.

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    Bill C-41

    1996 reform aimed at changing sentencing practices.

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    Purpose of sentencing

    Goal of sentencing is to protect society and maintain justice.

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    Trauma and Indigenous Peoples

    Indigenous communities experience high rates of trauma.

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    Jamie Tanis Gladue

    A Cree woman accused of second-degree murder, later sentenced to manslaughter.

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    Gladue Principles

    Guidelines to consider Indigenous background factors in sentencing.

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    Supreme Court ruling (Gladue)

    Judges must consider unique factors of Indigenous offenders.

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    R v. Ipeelee

    2012 case revisiting the Gladue principles for offenders with past violence.

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    Section 718.2(e)

    Part of Criminal Code demanding consideration of Indigenous circumstances.

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    Okimaw Ohci Healing Lodge

    A facility in Saskatchewan focused on healing Indigenous women inmates.

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    Aboriginal Women Offender Correctional Program (AWOCP)

    First holistic program for culturally sensitive Indigenous rehabilitation.

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    Criticism of Corrections

    Issues like culturally irrelevant programming and lack of training.

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    Intergenerational effects

    Long-term impacts on Indigenous peoples due to historical trauma.

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    Incarceration rates

    Frequent imprisonment of Indigenous peoples still not reduced after Gladue.

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    Omission of Black Women in Criminology

    Neglect of Black and racialized women in early criminology studies, focusing on white women's experiences instead.

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    Intersectionality

    A framework analyzing how various aspects of identity (race, gender) intersect to shape experiences.

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    Viola Desmond

    Civil rights activist who challenged segregation in Canada, similar to Rosa Parks in the U.S.

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    Redlining

    Racist practice of denying loans or services to people based on their neighborhood's racial composition.

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    Mass Incarceration

    Significant increase in incarceration rates among BIPOC despite decreasing overall crime rates.

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    Racial Profiling

    Law enforcement tendency to suspect individuals based on their race or ethnicity, leading to heightened scrutiny.

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    Effects of Profiling

    Psychological harms including PTSD and fear, especially within targeted communities.

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    Racialization

    Process of categorizing individuals based on perceived racial characteristics, affecting life opportunities.

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    Anti-Black Racism

    Systematic discrimination against Black Canadians, impacting health, employment, and justice systems.

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    Systemic racism impact

    The effect of systemic racism on Black Canadians' lives, often overlooked despite evidence.

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    Prime Minister Laurier's policy

    Wilfrid Laurier's policy to ban Black immigration to Canada.

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    Shadow Carceral State

    A punitive system involving surveillance and detention through various institutions.

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    BIPOC incarceration statistics

    Black prisoners compose 9.3% of federal prisons yet only 2.9% of the population.

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    Provincial prison documentation

    Lack of data on the incarceration of Black and racialized women in Canada.

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    Black women's incarceration rate

    Black women age 15+ represent 3.1% of the population but 9.12% of federal inmates.

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    Reformation vs Abolition

    Reformation involves changing institutions; Abolition is dismantling incarceration systems entirely.

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    Abolitionism definition

    Abolitionism seeks a society based on healing and restorative justice, not incarceration.

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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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    Week 3 CC203A1 PDF

    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.

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