Week 3 CC203A1 PDF

Week 3: Black, Racialized and Indigenous women in the CJS Jan 21, 23 Announcements and Reminders Case Study Office Hours Midterm Feb 11th rubric should be Wednesday 1-2 in class...

Week 3: Black, Racialized and Indigenous women in the CJS Jan 21, 23 Announcements and Reminders Case Study Office Hours Midterm Feb 11th rubric should be Wednesday 1-2 in class posted by end pm via zoom of the week  This Week’s outline – Introduction to Indigenous women and the CJS – R v Gladue – Case: Terri-Lynn McClintic – Carceral Redlining – Effects of slavery – Race and Racialization – Policing of Black women  Introduction to BIPOC and the CJS 2022/2023: Indigenous adults accounted for 33% of total admissions to federal custody, despite making up 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 by only 8.8% of population Correctional Service of Canada (CSC) has acknowledged that programming needs to better address needs of Indigenous women – Initiated healing lodges and cultural programming – However, has this worked? Colonialism and its effects Colonialism: combination of territorial, cultural, linguistic, political, mental, spiritual and/or economic domination of one or more groups of people by another group of people – Occurs through exploitation and oppression by settler colonizers – Intend to eradicate people from individual and cultural identity Sixties Scoop – Indigenous children ‘scooped up’ and sent to White families Colonialism leads to discrimination, racism, and marginalization Colonialism is single largest risk factor for Indigenous people’s involvement in the CJS Colonialism and its effects Systemic discrimination = practices and policies of an institution that create or perpetuate racial inequality Structural racism = the use of policies and institutional practices of systems that perpetuate disadvantages for people of color and upload racial inequalities in society https://www.youtube.com/watch?v=y7BiE1xIoWM&ab _channel=DepartmentofJusticeCanada  Indigenous Overrepresentation of Indigenous people has been acknowledged by Federal government peoples and the According to the OCI, compared to criminalized non- CJS indigenous individuals, criminalized Indigenous Individuals – Are younger – Are poorer – More likely to be incarcerated for a violent offence – Have higher needs related to employment and education – Have a higher incident of health problems – More likely to have abused drugs or alcohol at early age – More likely to be physically abused, or face parental neglect – More likely to be involved in child welfare system – Experience higher rates of trauma and intergenerational trauma Indigenous women and the CJS Between 1998 and 2008, incarcerated Indigenous women increased by 131% Between 2008 and 2018, Incarcerated Indigenous women increased by 60% Incarcerated at a rate of 12.5 times greater than non-Indigenous women Average age of criminalized Indigenous women is 34 years Self-injury 17 times higher for criminalized Indigenous women 1996 reforms: Bill C-41 Sentencing reform was introduced in 1996 with Bill C-41 Introduction of the purpose of sentencing: 718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: 718.2 (e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders. R v Gladue, 1999 Jamie Tanis Gladue, Cree woman from Alberta Accused of second-degree murder of fiancé, an Indigenous man Sentenced to manslaughter and 3 years in prison Judge ruled section 718.2(e) did not apply, as Gladue and Fiancé due to not living on reserve Jamie Gladue appealed her sentence to Supreme Court of Canada Ruled that courts must take into consideration the unique systemic or background factors of Indigenous peoples to address overrepresentation of Indigenous peoples in Canadian prisons (known as Gladue Principles)  R v. Ipeelee Ipeelee Case in 2012 revisited the Gladue principles Manasie Ipelee and Frank Ladue had long history of violent offences & substance abuse Both broke their supervision orders Courts recognized that they interpreted Gladue principles incorrectly and acknowledge inadequate understanding of intergenerational effects on Indigenous peoples In Ipeelee, Supreme Court made clear that section 718.2e requires judge to look at alternatives to incarceration “With particular attention to circumstances of Aboriginal offenders” Must consider 1) personal and background circumstances of offender 2) sentencing options that might be relevant to offender based on those circumstances Application of Gladue Section 718.2(e) has not altered rates of incarceration – failed to reduce Indigenous overrepresentation Indigenous women are still being classified as high-risk - Issues with Gladue: – Interpreting Gladue principles differently – substituting harsher penalties in Gladue cases – Regional discrepancy – Lack of training in applying Gladue principles Okimaw Ohci Healing Lodge Saskatchewan Opened in November 1995 with intention of housing Incarcerated Indigenous women Purpose is to address underlying issues and focus on healing Houses medium-minimum security 60-bed facility with 89 staff members Costs $167,000 to house an offender at healing lodge, and $191,000 in traditional prison https://www.youtube.com/watch?v=qEFkXBUBU -4&ab_channel=CBCNews%3ATheNational  Aboriginal Women Offender Correctional Program (AWOCP) – Introduced in 2010 – First holistic Indigenous correctional program – Geared towards culturally sensitive and trauma-informed programming – Elder assisted program – Has three programs: Engagement Cultural Needs Program, a Moderate Intensity within Corrections Program, and a High Intensity program Criticisms of Corrections Criticisms of Corrections: – Culturally irrelevant and offering pan-Indigenous approaches – Programing is not developed from perspective of Indigenous knowledge – Not all regional facilities have Indigenous programming due to low numbers of Indigenous women who are able to access these programs – There has been limited use of legislated approaches to improving the reintegration of criminalized Indigenous people. – Application of Gladue principles in classification, reclassification, and isolation is not apparent – Healing lodges are not accessible, well-used, well-defined, or well- monitored Case: “Child killer” Terri-Lynn McClintic April 2009 Abducted, raped and killed 8-year-old Tori Stafford alongside ex-boyfriend Michael Rafferty Sentenced to life in prison with no chance of parole for 25 years Transferred from medium-security prison to Okimaw Healing Lodge – Sparked national outrage Conservative party introduced a motion in parliament to overturn the decision Transferred back to Grand Valley Institution https://www.youtube.com/watch?v=IDj4LzlKONI&ab_channel=CrimeBeatT V  Thursday: Black and Racialized Individuals Slavery Slavery was accepted institution in 1628 in Canada until it was abolished in 1833 Black people were brought into Nova Scotia for labour purposes from across the Atlantic – known as the ‘transatlantic slave trade’. 6 in 16 members of the first Parliament owned slaves – Not just the political and social elite that owned slaves – Government, military, tradesmen, merchants, bishops, nuns Many Canadians overlook, downplay or dismiss the role of slavery in Canada – they believe it was solely the U.S Slavery continued Control over Black women’s bodies – Seen as “undesirable”, and not “feminine” During slavery, Black women referred to as ”Jezebels” Labelled them as “hypersexual” and “sexually available” Rape of Black women was seen as legal Slavery labeled Black women as “less than human”, which disallowed human rights – Narratives regarding Black women’s bodies has resulted in forced sterilization, income disparities, poverty, systemic racism, criminalization, etc. Omission of Black and Racialized women from Criminology Early feminist theories claimed that women who do not follow the norms of morality and sexuality are considered “deviant” Analysis of criminalized women was rarely included in studies Early forms of feminism was done by white women for white women Anti-racist and Black feminist theories have called on the inclusion of racial and gender analysis – Intersectionality, critical race theory, Black feminist thought Viola Desmond Viola Desmond brought nationwide attention to African-Nova Scotian communities struggle for equal rights – Inspiration for the civil rights movement in Canada Refused to move from a “whites-only” section at the movie theater Arrested and put into jail overnight Appealed to the Supreme Court of Canada https://www.youtube.com/watch?v=LlfdR- tPonI&ab_channel=CBCNews  Redlining Redlining = practice of drawing of red lines around portions of a map to indicate which areas loans should not be made. – People of Color denied access to certain neighborhoods through racist real estate practices and laws Created in 1930’s in United States with homeownership programs Became more popular during Civil Rights Movement leading up to Fair Housing Act of 1968 – Banned in 1968, although still exists Carceral Redlining “Systemic ways in which incarceration practices are operationalized by the redlining of racialized communities as a tool for social control” Early example: Residential schools – Whitewashing of Indigenous peoples – Redlining of Indigenous communities and forcibly removing children – Can be argued prisons have become new variation of residential schools Ex: Redlining of “ghetto” communities that provide over policing practices Carceral Redlining and Mass Incarceration Despite Canada’s crime rate declining, rates of incarceration for BIPOC are increasing Less likely to receive parole and “max out” their sentence “Black prisoners are less likely on average than the general prisoner population to receive temporary absences, day parole, and full parole” (OCI, 2020) – Indigenous offenders reported the lowest federal full parole grant rate (25.8%), – Black offenders reported the lowest provincial full parole grant rate (16.7%) Mass incarceration occurs due to embedded practices of exclusion – Indigenous and Black people marked as “undesirable” Targeting of POC Form of “carceral redlining” Over-policing of Black and Indigenous communities Former Toronto police chief “police go where crime goes” Denying racial profiling or systemic racism in law enforcement is not new Racial profiling = act or tendency of law enforcement officers to consider people suspicious or more likely to commit crime based on the color of their skin or ethnicity Profiling is self-fulfilling prophecy The more a group is targeted, the greater likelihood that criminality will be discovered Racial Profiling Profiling is a form of violence that infringes on Black people’s ability to move freely without fear Subject to identity checks, searches, seizures and car stops at higher rate Practice of carding = “street checks”, where police ask individuals to provide them with identifying information, despite no belief individual has been involved with a crime Young Black males carded 3.4 times higher in Toronto People of African descent 3x more likely to be stopped in Kingston Effects of Profiling Significant psychological impacts of profiling and over-policing of Black communities Causes PTSD, anxiety, and alienation Fear of leaving one’s house Fear of harassment by police Racialization and Racism Racialization = a process of defining, categorizing, and evaluating people and their activities along racial lines (p. 96) Anti-Black Racism = A form of racism targeting Black Canadians that affects determinants of health and permeates all social systems such as employment, education, health care, immigration, child welfare, and the criminal justice system Coined by Dr. Akua Benjamin Used to highlight impact of systemic racism on lives of Black Canadians Racism against Black populations continues to be ignored, despite evidence Prime Minister Wilfrid Laurier – Implemented policy to ban Black immigration to Canada Shadow Carceral State Shadow carceral state = Expansive punitive state power that enacts punishment procedures such as surveillance, detention, and removal through institutions such as immigration courts, family courts, civil detention centres, and schools. Racialized surveillance, policing, and punishment Incarceration of BIPOC Black prisoners account for 9.3 percent of the total federal prison population but only 2.9 percent of the Canadian population. Over last ten years, the number of federally incarcerated Black prisoners has increased by 75% Provincially Sentenced Women Little documentation of Black and racialized women incarceration in Canada – Canadian government does not publicly release information on Black individuals – Hard to track exact statistics on Black women specifically  Lack of research at Federal level Black women age 15+ represent 3.1% of Canadian population, but 9.12% of federally incarcerated women Majority (78%) serve time at Grand Valley Institution for Women Number of incarcerated Black Federally women decreased by 30% between 2013-2017, but there lacks Sentenced substantial research Women Abolition or Reformation Reformation = the action or process of reforming an institution or practice Abolition = The dismantling or rupturing of all systems of incarceration, including psychiatric institutions – Need to consider alternatives ways to address harm Society relies on prison because we believe it keeps us safe Abolitionism is more than just removing prisons – it is about creating a society where healing, accountability, restorative justice are the foundations in which justice is built on https://www.youtube.com/watch?v=T0Pm44zcn8o&ab_channel=CBC Discussion: Do you think there could be a world without prisons? What would this look like? References Rai, Reece. “Carceral Redlining: White Supremacy is a Weapon of Mass Incarceration for Indigenous and Black Peoples in Canada.” Yellowhead Institute, 25 June 2020, https://yellowheadinstitute.org/2020/06/25/carceral- redlining-white-supremacy-is-a-weapon-of-mass-incarceration-for- indigenous-and-black-peoples-in-canada/ https://www.nytimes.com/2021/08/17/realestate/what-is- redlining.html# Next Week: Female Youth + Ashley Smith Reading: Chapter Quiz #2 due Feb Midterm Feb 11 in Office Hours 6 4 class Wednesday 1-2 pm over zoom