Podcast
Questions and Answers
Which of the following statements is TRUE about Indigenous people within the Canadian Justice System (CJS)?
Which of the following statements is TRUE about Indigenous people within the Canadian Justice System (CJS)?
What percentage of the Canadian population do Indigenous adults constitute, despite accounting for 33% of total admissions to federal custody?
What percentage of the Canadian population do Indigenous adults constitute, despite accounting for 33% of total admissions to federal custody?
What does the Correctional Service of Canada (CSC) aim to do in response to the overrepresentation of Indigenous women in federal custody?
What does the Correctional Service of Canada (CSC) aim to do in response to the overrepresentation of Indigenous women in federal custody?
Which of the following is NOT a key topic covered in the given content?
Which of the following is NOT a key topic covered in the given content?
Signup and view all the answers
What is the term used to describe the disproportionate representation of Indigenous people in the criminal justice system?
What is the term used to describe the disproportionate representation of Indigenous people in the criminal justice system?
Signup and view all the answers
What is the single largest determinant of Indigenous people's involvement in the Canadian Justice System (CJS)?
What is the single largest determinant of Indigenous people's involvement in the Canadian Justice System (CJS)?
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?
Which of the following is NOT a characteristic commonly found in criminalized Indigenous individuals compared to non-Indigenous criminals?
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?
What is the term used to describe the practice of removing Indigenous children from their families and placing them in non-Indigenous homes?
Signup and view all the answers
Which of the following is NOT an objective of sentencing as outlined in Bill C-41 (1996)?
Which of the following is NOT an objective of sentencing as outlined in Bill C-41 (1996)?
Signup and view all the answers
What is the term used to describe practices and policies that perpetuate racial inequality within an institution?
What is the term used to describe practices and policies that perpetuate racial inequality within an institution?
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?
According to the statistics provided in the text, by what percentage did the number of incarcerated Indigenous women increase between 2008 and 2018?
Signup and view all the answers
In what year was Bill C-41, which introduced sentencing reform, enacted?
In what year was Bill C-41, which introduced sentencing reform, enacted?
Signup and view all the answers
What does the OCI stand for?
What does the OCI stand for?
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?
Which of these is NOT a factor that contributes to the overrepresentation of Indigenous people in the Canadian Justice System?
Signup and view all the answers
What is the average age of criminalized Indigenous women?
What is the average age of criminalized Indigenous women?
Signup and view all the answers
What was the main reason for the transfer of Terri-Lynn McClintic to the Okimaw Healing Lodge?
What was the main reason for the transfer of Terri-Lynn McClintic to the Okimaw Healing Lodge?
Signup and view all the answers
Which of the following statements accurately describes the role of slavery in Canada?
Which of the following statements accurately describes the role of slavery in Canada?
Signup and view all the answers
What specific impact did slavery have on Black women in Canada?
What specific impact did slavery have on Black women in Canada?
Signup and view all the answers
What was a primary reason for the outrage surrounding Terri-Lynn McClintic's transfer to Okimaw Healing Lodge?
What was a primary reason for the outrage surrounding Terri-Lynn McClintic's transfer to Okimaw Healing Lodge?
Signup and view all the answers
What is the main point of the content regarding the impact of racism on Black Canadians?
What is the main point of the content regarding the impact of racism on Black Canadians?
Signup and view all the answers
What is the "shadow carceral state" as defined in the text?
What is the "shadow carceral state" as defined in the text?
Signup and view all the answers
What is the statistic provided in the content about the number of Black prisoners in federal custody?
What is the statistic provided in the content about the number of Black prisoners in federal custody?
Signup and view all the answers
What is the main reason for the difficulty in tracking precise statistics on Black women incarcerated provincially?
What is the main reason for the difficulty in tracking precise statistics on Black women incarcerated provincially?
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?
What is the statistic cited in the content regarding the number of Black women over the age of 15 in the Canadian population?
Signup and view all the answers
What is the main point of the content regarding the issue of incarcerated Black women?
What is the main point of the content regarding the issue of incarcerated Black women?
Signup and view all the answers
What is the key difference between 'abolition' and 'reformation' as discussed in the content regarding prison systems?
What is the key difference between 'abolition' and 'reformation' as discussed in the content regarding prison systems?
Signup and view all the answers
According to the content, what is the main role of prisons in society as currently perceived?
According to the content, what is the main role of prisons in society as currently perceived?
Signup and view all the answers
Which of the following is NOT a criticism of the Gladue principles?
Which of the following is NOT a criticism of the Gladue principles?
Signup and view all the answers
What was the main purpose of the Okimaw Ohci Healing Lodge?
What was the main purpose of the Okimaw Ohci Healing Lodge?
Signup and view all the answers
What was the key outcome of the R. v. Ipeelee case?
What was the key outcome of the R. v. Ipeelee case?
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?
According to the provided information, what is the main reason for the continued overrepresentation of Indigenous people in Canadian prisons?
Signup and view all the answers
Which of the following is a key element of the Aboriginal Women Offender Correctional Program (AWOCP)?
Which of the following is a key element of the Aboriginal Women Offender Correctional Program (AWOCP)?
Signup and view all the answers
What is the main criticism of the current correctional programs for Indigenous women?
What is the main criticism of the current correctional programs for Indigenous women?
Signup and view all the answers
What does the term "intergenerational effects" refer to in the context of the Ipeelee case?
What does the term "intergenerational effects" refer to in the context of the Ipeelee case?
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?
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?
Signup and view all the answers
How did the Supreme Court of Canada's ruling in the Gladue case change the Canadian justice system?
How did the Supreme Court of Canada's ruling in the Gladue case change the Canadian justice system?
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?
What is the primary focus of the "Engagement Cultural Needs within Corrections" program, one of the components of the AWOCP?
Signup and view all the answers
What is the main argument put forth regarding the relationship between carceral redlining and mass incarceration?
What is the main argument put forth regarding the relationship between carceral redlining and mass incarceration?
Signup and view all the answers
What is the primary cause of the overrepresentation of Indigenous and Black individuals in the correctional system?
What is the primary cause of the overrepresentation of Indigenous and Black individuals in the correctional system?
Signup and view all the answers
What is the significance of the example of Viola Desmond's case in this context?
What is the significance of the example of Viola Desmond's case in this context?
Signup and view all the answers
What is the central concept known as 'carceral redlining'?
What is the central concept known as 'carceral redlining'?
Signup and view all the answers
How does the text connect residential schools to carceral redlining?
How does the text connect residential schools to carceral redlining?
Signup and view all the answers
What is a key characteristic of 'racial profiling' as discussed in the text?
What is a key characteristic of 'racial profiling' as discussed in the text?
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?
What is the significance of the phrase 'police go where crime goes' in relation to the text's argument?
Signup and view all the answers
What does the text imply about the relationship between racial profiling and crime?
What does the text imply about the relationship between racial profiling and crime?
Signup and view all the answers
What is the significant psychological impact of racial profiling on Black communities?
What is the significant psychological impact of racial profiling on Black communities?
Signup and view all the answers
What is the significance of the term "anti-Black racism" as discussed in the text?
What is the significance of the term "anti-Black racism" as discussed in the text?
Signup and view all the answers
Flashcards
Indigenous women in CJS
Indigenous women in CJS
Indigenous women accounted for 49% of female admissions to federal custody in Canada.
R v Gladue
R v Gladue
A landmark Supreme Court case addressing the rights of Indigenous offenders in Canada.
Carceral Redlining
Carceral Redlining
The practice of disproportionately targeting specific racial groups for incarceration.
Effects of slavery
Effects of slavery
Signup and view all the flashcards
Policing of Black women
Policing of Black women
Signup and view all the flashcards
Gladue principles
Gladue principles
Signup and view all the flashcards
McClintic case
McClintic case
Signup and view all the flashcards
Transatlantic slave trade
Transatlantic slave trade
Signup and view all the flashcards
Labeling of Black women
Labeling of Black women
Signup and view all the flashcards
Systemic racism effects
Systemic racism effects
Signup and view all the flashcards
Colonialism
Colonialism
Signup and view all the flashcards
Sixties Scoop
Sixties Scoop
Signup and view all the flashcards
Systemic Discrimination
Systemic Discrimination
Signup and view all the flashcards
Structural Racism
Structural Racism
Signup and view all the flashcards
Overrepresentation of Indigenous Peoples
Overrepresentation of Indigenous Peoples
Signup and view all the flashcards
Trauma in Indigenous Communities
Trauma in Indigenous Communities
Signup and view all the flashcards
Incarcerated Indigenous Women
Incarcerated Indigenous Women
Signup and view all the flashcards
Bill C-41
Bill C-41
Signup and view all the flashcards
Purpose of Sentencing
Purpose of Sentencing
Signup and view all the flashcards
Context of Criminalization
Context of Criminalization
Signup and view all the flashcards
Jamie Gladue
Jamie Gladue
Signup and view all the flashcards
Ipeelee Case
Ipeelee Case
Signup and view all the flashcards
Section 718.2(e)
Section 718.2(e)
Signup and view all the flashcards
Okimaw Ohci Healing Lodge
Okimaw Ohci Healing Lodge
Signup and view all the flashcards
Aboriginal Women Offender Program
Aboriginal Women Offender Program
Signup and view all the flashcards
Cultural Irrelevance in Corrections
Cultural Irrelevance in Corrections
Signup and view all the flashcards
Intergenerational Effects
Intergenerational Effects
Signup and view all the flashcards
Overrepresentation in Prisons
Overrepresentation in Prisons
Signup and view all the flashcards
Lack of Indigenous Programming
Lack of Indigenous Programming
Signup and view all the flashcards
Systemic Racism in Canada
Systemic Racism in Canada
Signup and view all the flashcards
Wilfrid Laurier's Policy
Wilfrid Laurier's Policy
Signup and view all the flashcards
Shadow Carceral State
Shadow Carceral State
Signup and view all the flashcards
BIPOC Incarceration Statistics
BIPOC Incarceration Statistics
Signup and view all the flashcards
Black Women in Federal Prisons
Black Women in Federal Prisons
Signup and view all the flashcards
Abolition vs. Reformation
Abolition vs. Reformation
Signup and view all the flashcards
Grand Valley Institution for Women
Grand Valley Institution for Women
Signup and view all the flashcards
Alternatives to Incarceration
Alternatives to Incarceration
Signup and view all the flashcards
Omission of Racialized Women
Omission of Racialized Women
Signup and view all the flashcards
Intersectionality
Intersectionality
Signup and view all the flashcards
Viola Desmond
Viola Desmond
Signup and view all the flashcards
Redlining
Redlining
Signup and view all the flashcards
Fair Housing Act of 1968
Fair Housing Act of 1968
Signup and view all the flashcards
Mass Incarceration
Mass Incarceration
Signup and view all the flashcards
Racial Profiling
Racial Profiling
Signup and view all the flashcards
Psychological effects of Profiling
Psychological effects of Profiling
Signup and view all the flashcards
Anti-Black Racism
Anti-Black Racism
Signup and view all the flashcards
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
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.