Indigenous People in Canadian Justice System
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Questions and Answers

Which of the following statements is TRUE about Indigenous people within the Canadian Justice System (CJS)?

  • Indigenous adults represent a significant minority of those admitted to federal custody. (correct)
  • Indigenous women are represented at a higher proportion in the justice system compared to Indigenous men. (correct)
  • Indigenous youth are vastly overrepresented in the CJS, making up a majority of criminalized youth.
  • Indigenous men are disproportionately overrepresented in the justice system compared to the general population. (correct)
  • What percentage of the Canadian population do Indigenous adults constitute, despite accounting for 33% of total admissions to federal custody?

  • 4% (correct)
  • 15%
  • 8.8%
  • 10%
  • What does the Correctional Service of Canada (CSC) aim to do in response to the overrepresentation of Indigenous women in federal custody?

  • Implement stricter sentencing guidelines for Indigenous women.
  • Focus on rehabilitative programming specifically tailored for Indigenous women. (correct)
  • Increase the number of female correctional officers in federal prisons.
  • Promote the use of alternative sentencing options for Indigenous women.
  • Which of the following is NOT a key topic covered in the given content?

    <p>The effectiveness of the restorative justice system in addressing Indigenous overrepresentation. (C)</p> Signup and view all the answers

    What is the term used to describe the disproportionate representation of Indigenous people in the criminal justice system?

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

    What is the single largest determinant of Indigenous people's involvement in the Canadian Justice System (CJS)?

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

    Which of the following is NOT a characteristic commonly found in criminalized Indigenous individuals compared to non-Indigenous criminals?

    <p>Lower rates of incarceration for violent offences (A)</p> Signup and view all the answers

    What is the term used to describe the practice of removing Indigenous children from their families and placing them in non-Indigenous homes?

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

    Which of the following is NOT an objective of sentencing as outlined in Bill C-41 (1996)?

    <p>Prioritize the rehabilitation of all offenders (B)</p> Signup and view all the answers

    What is the term used to describe practices and policies that perpetuate racial inequality within an institution?

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

    According to the statistics provided in the text, by what percentage did the number of incarcerated Indigenous women increase between 2008 and 2018?

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

    In what year was Bill C-41, which introduced sentencing reform, enacted?

    <p>1996 (C)</p> Signup and view all the answers

    What does the OCI stand for?

    <p>Office of the Correctional Investigator (D)</p> Signup and view all the answers

    Which of these is NOT a factor that contributes to the overrepresentation of Indigenous people in the Canadian Justice System?

    <p>Lower rates of poverty (D)</p> Signup and view all the answers

    What is the average age of criminalized Indigenous women?

    <p>34 years (A)</p> Signup and view all the answers

    What was the main reason for the transfer of Terri-Lynn McClintic to the Okimaw Healing Lodge?

    <p>The lodge was designed to treat her specific needs. (B)</p> Signup and view all the answers

    Which of the following statements accurately describes the role of slavery in Canada?

    <p>Slavery was a significant institution in Canada, and it is important to recognize its impact on the country. (B)</p> Signup and view all the answers

    What specific impact did slavery have on Black women in Canada?

    <p>All of the above. (D)</p> Signup and view all the answers

    What was a primary reason for the outrage surrounding Terri-Lynn McClintic's transfer to Okimaw Healing Lodge?

    <p>The public perception of McClintic's crime as heinous and unforgivable. (C)</p> Signup and view all the answers

    What is the main point of the content regarding the impact of racism on Black Canadians?

    <p>The disproportionate incarceration rates of Black Canadians indicate a systemic issue of racism. (D)</p> Signup and view all the answers

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

    <p>A network of institutions including prisons, immigration courts, and schools, that enforce punitive measures. (B)</p> Signup and view all the answers

    What is the statistic provided in the content about the number of Black prisoners in federal custody?

    <p>Black prisoners account for 9.3% of the total federal prison population, while making up 2.9% of the Canadian population. (A)</p> Signup and view all the answers

    What is the main reason for the difficulty in tracking precise statistics on Black women incarcerated provincially?

    <p>Lack of research at the Federal level and a lack of public data released by the Canadian government regarding Black individuals. (D)</p> Signup and view all the answers

    What is the statistic cited in the content regarding the number of Black women over the age of 15 in the Canadian population?

    <p>Black women over 15 years old constitute 3.1% of the Canadian population, but represent 9.12% of federally incarcerated women. (A)</p> Signup and view all the answers

    What is the main point of the content regarding the issue of incarcerated Black women?

    <p>The experience of Black women in the justice system is less studied and understood compared to other groups. (B)</p> Signup and view all the answers

    What is the key difference between 'abolition' and 'reformation' as discussed in the content regarding prison systems?

    <p>Abolition focuses on dismantling all systems of incarceration, while reformation aims to improve existing systems. (A)</p> Signup and view all the answers

    According to the content, what is the main role of prisons in society as currently perceived?

    <p>Prisons are seen as necessary to protect society from dangerous individuals and prevent future crime. (A)</p> Signup and view all the answers

    Which of the following is NOT a criticism of the Gladue principles?

    <p>Gladue principles only apply to Indigenous people living on reserves. (A)</p> Signup and view all the answers

    What was the main purpose of the Okimaw Ohci Healing Lodge?

    <p>To provide Indigenous women with culturally relevant programming focused on healing. (A)</p> Signup and view all the answers

    What was the key outcome of the R. v. Ipeelee case?

    <p>The court clarified and emphasized the need for judges to consider alternatives to incarceration for Indigenous offenders. (B)</p> Signup and view all the answers

    According to the provided information, what is the main reason for the continued overrepresentation of Indigenous people in Canadian prisons?

    <p>A lack of access to culturally relevant programs and services for Indigenous offenders. (B)</p> Signup and view all the answers

    Which of the following is a key element of the Aboriginal Women Offender Correctional Program (AWOCP)?

    <p>Providing culturally sensitive and trauma-informed programming for Indigenous women. (A)</p> Signup and view all the answers

    What is the main criticism of the current correctional programs for Indigenous women?

    <p>They fail to recognize the distinct experiences and needs of Indigenous women across different regions of Canada. (C)</p> Signup and view all the answers

    What does the term "intergenerational effects" refer to in the context of the Ipeelee case?

    <p>The impact of past trauma and colonization on Indigenous people, passed down through generations. (A)</p> Signup and view all the answers

    What is the main reason for the discrepancy in the cost of housing an offender at the Okimaw Ohci Healing Lodge compared to a traditional prison?

    <p>The Healing Lodge offers a wider range of programs and services, including culturally relevant programming. (C)</p> Signup and view all the answers

    How did the Supreme Court of Canada's ruling in the Gladue case change the Canadian justice system?

    <p>It required judges to consider the unique circumstances of Indigenous offenders when sentencing. (B)</p> Signup and view all the answers

    What is the primary focus of the "Engagement Cultural Needs within Corrections" program, one of the components of the AWOCP?

    <p>Helping Indigenous women reconnect with their cultural heritage and identity. (A)</p> Signup and view all the answers

    What is the main argument put forth regarding the relationship between carceral redlining and mass incarceration?

    <p>The over-policing of racialized communities leads to a disproportionate increase in their incarceration rates. (C)</p> Signup and view all the answers

    What is the primary cause of the overrepresentation of Indigenous and Black individuals in the correctional system?

    <p>The embedded practices of exclusion that target them as 'undesirable' within the system. (D)</p> Signup and view all the answers

    What is the significance of the example of Viola Desmond's case in this context?

    <p>It highlights the persistence of racial discrimination in Canada, even after the official end of segregation. (B)</p> Signup and view all the answers

    What is the central concept known as 'carceral redlining'?

    <p>The use of incarceration as a tool for social control, particularly targeting racialized communities. (D)</p> Signup and view all the answers

    How does the text connect residential schools to carceral redlining?

    <p>Both practices aimed at assimilating Indigenous populations through forced removal and social control. (A)</p> Signup and view all the answers

    What is a key characteristic of 'racial profiling' as discussed in the text?

    <p>It is a systemic practice where race or ethnicity is used as a primary basis for suspicion. (C)</p> Signup and view all the answers

    What is the significance of the phrase 'police go where crime goes' in relation to the text's argument?

    <p>It exemplifies a common justification for racial profiling, which reinforces the idea of certain communities as inherently criminal. (B)</p> Signup and view all the answers

    What does the text imply about the relationship between racial profiling and crime?

    <p>Racial profiling is a self-fulfilling prophecy that creates a cycle of suspicion and criminalization. (A)</p> Signup and view all the answers

    What is the significant psychological impact of racial profiling on Black communities?

    <p>It leads to a sense of fear and anxiety, causing Black individuals to experience PTSD and alienation. (D)</p> Signup and view all the answers

    What is the significance of the term "anti-Black racism" as discussed in the text?

    <p>It refers to a unique form of racism directed towards Black Canadians with specific implications for their social and economic well-being. (B)</p> Signup and view all the answers

    Flashcards

    Indigenous women in CJS

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

    R v Gladue

    A landmark Supreme Court case addressing the rights of Indigenous offenders in Canada.

    Carceral Redlining

    The practice of disproportionately targeting specific racial groups for incarceration.

    Effects of slavery

    Historical and systemic impacts of slavery that continue to affect racialized communities today.

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    Policing of Black women

    The unique challenges and systemic issues faced by Black women in law enforcement interactions.

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    Gladue principles

    Legal guidelines aimed at addressing the unique circumstances of Indigenous offenders in Canada.

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    McClintic case

    Case of Terri-Lynn McClintic, who was sentenced for the murder of Tori Stafford and faced public backlash after a facility transfer.

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    Transatlantic slave trade

    The forced transport of enslaved African people to North America for labor, particularly in Nova Scotia.

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    Labeling of Black women

    The portrayal and dehumanization of Black women during slavery, viewed as hypersexual and undesirable.

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    Systemic racism effects

    Ongoing consequences of historical slavery, including disparities in health, income, and rights for Black individuals.

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    Colonialism

    Domination of one group over another, affecting culture and identity.

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    Sixties Scoop

    Indigenous children taken from families and placed with White families.

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    Systemic Discrimination

    Inequalities created by institution policies affecting racial groups.

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    Structural Racism

    Policies that disadvantage people of color perpetuating racial inequalities.

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    Overrepresentation of Indigenous Peoples

    When Indigenous peoples account for higher incarceration rates than non-Indigenous.

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    Trauma in Indigenous Communities

    Higher rates of trauma, including intergenerational trauma in Indigenous peoples.

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    Incarcerated Indigenous Women

    Rates of incarceration for Indigenous women increased significantly between 1998-2018.

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    Bill C-41

    1996 reforms introducing a purpose for sentencing in Canada.

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    Purpose of Sentencing

    To protect society and maintain justice through appropriate sanctions.

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    Context of Criminalization

    Criminalized Indigenous individuals face unique challenges including poverty and health issues.

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    Jamie Gladue

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

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    Ipeelee Case

    2012 case revisiting and clarifying Gladue principles.

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    Section 718.2(e)

    Provision requiring consideration of Indigenous circumstances in sentencing.

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    Okimaw Ohci Healing Lodge

    Facility aimed at healing and addressing issues for Indigenous women offenders.

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    Aboriginal Women Offender Program

    First holistic Indigenous correctional program introduced in 2010.

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    Cultural Irrelevance in Corrections

    Criticism of programs that do not reflect Indigenous knowledge or needs.

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    Intergenerational Effects

    Impact of historical trauma on Indigenous communities across generations.

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    Overrepresentation in Prisons

    Higher rates of Indigenous peoples in Canadian jails compared to their population.

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    Lack of Indigenous Programming

    Limited access to culturally relevant programming for Indigenous offenders.

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    Systemic Racism in Canada

    The enduring impact of racism on Black Canadians' lives, often ignored despite evidence.

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    Wilfrid Laurier's Policy

    Policy implemented by Prime Minister Laurier to ban Black immigration to Canada.

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    Shadow Carceral State

    Punitive state power using surveillance, detention, and removal through various institutions.

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    BIPOC Incarceration Statistics

    Black prisoners are 9.3% of federal prisoners, but only 2.9% of Canada's population.

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    Black Women in Federal Prisons

    Black women represent 9.12% of federally incarcerated women despite being 3.1% of the population.

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    Abolition vs. Reformation

    Abolition is dismantling incarceration systems, while reformation seeks to change them.

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    Grand Valley Institution for Women

    Majority (78%) of federally incarcerated women serve time here in Canada.

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    Alternatives to Incarceration

    Abolitionism advocates for healing, accountability, and restorative justice instead of prisons.

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    Omission of Racialized Women

    Lack of focus on Black and racialized women in criminology studies.

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    Intersectionality

    A framework analyzing how various social identities intersect to impact individuals' experiences.

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    Viola Desmond

    Civil rights activist who resisted racial segregation in Canada by refusing to move in a theater.

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    Redlining

    A discriminatory practice where certain areas are marked to deny loans based on racial demographics.

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    Fair Housing Act of 1968

    Legislation that banned discriminatory housing practices like redlining in the U.S.

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    Mass Incarceration

    Increased rates of imprisonment, especially among BIPOC, despite declining crime rates.

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    Racial Profiling

    The practice where law enforcement targets individuals based on their racial or ethnic background.

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    Psychological effects of Profiling

    Negative mental health impacts like PTSD and anxiety from over-policing and profiling.

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    Anti-Black Racism

    Racism specifically targeting Black Canadians affecting various social determinants.

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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 within the criminal justice system (CJS).
    • Office hours are on Wednesday from 1-2 pm via zoom.
    • A midterm is scheduled for February 11th, in class.
    • Students are expected to submit their case study by the end of the week, following the provided rubric.

    This Week's Outline

    • Introduction to Indigenous women and the CJS.
    • Case study: Terri-Lynn McClintic.
    • Analysis of carceral redlining.
    • Effects of slavery.
    • Race and racialization.
    • Policing of Black women.
    • The role of R v Gladue.

    Introduction to BIPOC and the CJS

    • Indigenous adults accounted for 33% of total federal custody admissions in 2022/2023, despite representing only 4% of the total population.
    • Indigenous women accounted for 49% of female admissions.
    • Indigenous men accounted for 32% of male admissions.
    • Indigenous youth make up 43% of all criminalized youth, while only representing 8.8% of the population.
    • Correctional Service of Canada (CSC) acknowledges the need for improved Indigenous programming and healing lodges.

    Colonialism and its Effects

    • Colonialism encompasses territorial, cultural, linguistic, political, mental, spiritual and economic domination.
    • Colonialism's aim is to exploit and suppress Indigenous people, aiming to eradicate their cultural identity.
    • Key examples are the Sixties Scoop, a period of Indigenous children being forcibly removed from their families.
    • Colonialism is a considerable risk factor for Indigenous involvement in the CJS due to discrimination, racism, and marginalization.

    Colonialism and its Effects (Systemic Discrimination)

    • Systemic discrimination refers to discriminatory practices and policies within institutions that perpetuate racial inequality.
    • Structural racism involves policies and institutional practices within systems that perpetuate disadvantages based on race.

    Indigenous Peoples and the CJS

    • Indigenous individuals are overrepresented in the CJS compared to non-Indigenous individuals.
    • Indigenous individuals incarcerated are commonly younger and poorer.
    • They have a higher likelihood of incarceration for violent offenses, higher needs related to employment and education, and a higher incidence of health issues, including issues related to substance abuse and mental health.
    • The over-representation is linked to intergenerational trauma and child welfare system involvement.

    Indigenous Women and the CJS

    • Incarceration rates of Indigenous women have increased by 131% between 1998 and 2008 and by 60% between 2008 and 2018.
    • This rate is 12.5 times greater than for non-Indigenous women.
    • The average age of criminalized Indigenous women is 34 years old.
    • Self-injury rates are significantly higher for criminalized Indigenous women.

    Figure 3.2: Security Classification of Criminalized Women by Race

    • The figure displays average percentages of criminalized women across different racial groups (Indigenous, White, Black, Other) within maximum and minimum security classifications, based on data from 2012 to 2018.

    1996 Reforms: Bill C-41

    • Sentencing reform, introduced in 1996 with Bill C-41, outlines the fundamental purpose of sentencing to protect society and contribute to the law, while considering alternative sanctions instead of imprisonment, especially for Aboriginal offenders.
    • Emphasis is on reasonable alternatives to imprisonment while factoring in individual circumstances.

    R v Gladue, 1999

    • Jamie Tanis Gladue, a Cree woman from Alberta, was accused of second-degree murder.
    • A Supreme Court of Canada ruling established guidelines (Gladue Principles) requiring courts to consider systemic or background factors unique to Indigenous people to avoid overrepresentation in prisons.

    R v. Ipeelee (2012)

    • The Ipeelee case revisited the Gladue principles, highlighting the need for courts to correctly interpret and apply Gladue principles and acknowledge the intergenerational effects of colonialism.

    Application of Gladue

    • Section 718.2(e) – despite being designed to reduce Indigenous overrepresentation – has not achieved its intended goal.
    • Persistent challenges in implementing Gladue principles, including differential interpretation of the guidelines, the substitution of harsher penalties, regional discrepancies, and insufficient training, compound the problem.

    Okimaw Ohci Healing Lodge

    • A facility aimed at rehabilitating incarcerated Indigenous women.
    • It is located in Saskatchewan.
    • Features a 60-bed capacity, with a staff of 89 members, emphasizing culturally sensitive and trauma-informed programming.

    Cultural Needs within Corrections

    • The Aboriginal Women Offender Correctional Program (AWOCP) was introduced to improve Indigenous policing practices in 2010.
    • It's the first holistic Indigenous correctional program that utilizes culturally relevant and trauma-informed programming.
    • It addresses essential Indigenous needs through Elder-assisted programming and various program supports tailored to address varying risk levels as a more holistic approach to rehabilitation.

    Criticisms of Corrections

    • Criticism of corrections approaches for failing to address Indigenous knowledge systems and cultural nuances.
    • Limited implementation of legislated approaches in support of these communities and to increase their reintegration efforts . - Healing lodge accessibility, use, and overall status are questioned regarding proper implementation, and monitoring.

    Case: "Child Killer" Terri-Lynn McClintic (2009)

    • McClintic was convicted of the murder of 8-year-old Tori Stafford.
    • She was transferred to the Okimaw Healing Lodge, but later moved to a prison facility before the verdict was overturned, and the case triggered national controversy.

    Slavery

    • Slavery was a common institution in Canada – including Nova Scotia and across territories – until 1833.
    • Black people brought across to labour during the transatlantic slave trade, a known practice.
    • Not just the elites, but a wide range of people in society (government officials, military, merchants, bishops, nuns) in pre-abolitionist Canada, held slaves.

    Slavery Continued

    • Control over Black women's bodies was seen as undesirable.
    • Labeling of Black women during slavery was common, referring to them as hypersexualized or sexually available (Jezebels).
    • Rape of Black women was considered legal.
    • Slavery instilled that Black women were of less value, disadvantaging them in all facets and impacting their rights.
    • Historical narratives about Black women have resulted in forced sterilizations, income inequality, and various forms of societal racism.

    Omission of Black and Racialized Women from Criminology

    • Early feminist theories often ignored the experiences of Black and racialized women, defining femininity based on Western concepts.
    • Feminist discourse often failed to include analyses of criminalized women from marginalized communities, creating a gap in the theory.
    • Anti-racist and Black feminist theories highlighted the intersectionality of race and gender to address this omission and to address the complexities of understanding criminalized women of colour.

    Viola Desmond

    • Viola Desmond challenged Nova Scotia's discriminatory policies requiring racial segregation in a movie theater.
    • Her actions inspired the struggle for equal rights for African-Nova Scotian communities and the civil rights movement in Canada.

    Redlining

    • Redlining is a practice in which areas or neighborhoods are designated as unsuitable for loans and/or investment.
    • Geographic exclusion was implemented by racist real estate policies and laws starting in the 1930s and reaching a peak during the Civil Rights Movement in the US.
    • Despite being outlawed in the US, the practice persists and has implications for the Criminal Justice System.

    Carceral Redlining

    • Carceral Redlining refers to how incarceration practices strategically target racialized communities.
    • Early examples like residential schools show a history of whitewashing historical facts about Indigenous people, and criminalizing their activities (forcibly removing children).
    • Prison systems are increasingly becoming new iterations of residential schools, exacerbating inequalities.

    Carceral Redlining and Mass Incarceration

    • Despite falling crime rates, incarceration rates for Black, Indigenous, and people of colour (BIPOC) are consistently rising in Canada.
    • BIPOC are disproportionately less likely to receive parole.
    • These groups are more often in prison vs. the general population which is often due to embedded exclusionary and prejudiced policing practices.

    Targeting of POC

    • Over-policing of Black and Indigenous communities is a form of "carceral redlining" and exists across many Canadian communities which have racist and institutionalized policies embedded in policing.

    Racial Profiling

    • Racial profiling is a form of violence, in that it limits the ability of people of colour to move freely.
    • Profiling practices result in increased stops, checks, and scrutiny, which directly contradicts the right to move freely.
    • Specific instances like car stops and street checks impact the safety of people of colour.
    • Young Black men are disproportionately affected by such practices.

    Effects of Profiling

    • Profiling has significant psychological impacts on Black communities leading to PTSD, anxiety, and alienation, impacting residents' ability to safely navigate their neighborhoods, due to the fear of police harassment and violence.

    Racialization and Racism

    • Racialization is the act/process of creating and imposing racial categories and understanding on individuals and groups, often leading to prejudiced and discriminatory practices.
    • Anti-Black racism is a form of racism which affects Black Canadians.
    • Factors such as employment, education, health care, immigration and child welfare systems all contribute to Black Canadians being impacted by racism.

    Shadow Carceral State

    • A shadow carceral state is characterized by extensive punitive state powers that expand through racialized surveillance, immigration courts, family courts, other court procedures, and/or institutions like civil detention centres, and schools.

    Incarceration of BIPOC

    • Black prisoners disproportionately account for a higher percentage of the Canadian prison system population.
    • Black prisoners represent a much smaller percentage of Canada's general population, yet hold a higher incarceration rate.
    • The number of incarcerated Black prisoners in Canada has increased by 75% over the past decade.

    Provincially Sentenced Women

    • There is limited data and research about the incarceration statistics of Black and racialized women in provincial correctional facilities.
    • Canadian government data collection often does not publicly release detailed information on Black inmates, which makes data tracking difficult.
    • Research on this issue is needed to properly evaluate incarceration rates and statistics.

    Federally Sentenced Women

    • Limited research on the incarceration of black women at the federal level.
    • Black women represent a sizeable portion (9.12%) of federally incarcerated women, though only 3.1% of the overall population.
    • A significant portion (78%) of these women are incarcerated at the Grand Valley Institution for Women.
    • There's a decrease in the number of Black women in prison facilities since 2013, but further research is needed to explore correlations.

    Abolition or Reformation

    • Reform focuses on reforming existing systems of incarceration.
    • Abolition aims to dismantle the entire system of incarceration, including psychiatric facilities.
    • The need to consider alternative approaches to address harm and restorative justice as a critical component of societal health.

    References

    • References are listed.
    • Relevant articles and/or information sources may be included.

    Next Week

    • The following week will cover female youth and Ashley Smith.

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    Week 3 CC203A1 PDF

    Description

    This quiz explores key facts and issues surrounding Indigenous peoples within the Canadian Justice System. It addresses overrepresentation statistics, the goals of the Correctional Service of Canada, and societal impacts. Test your understanding of these critical topics regarding Indigenous rights and justice.

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