Crime occurs in all societies irrespective of economic or social development levels, race, religious affiliation, ethnicity, or other social or biological differences. However, punishment for offending tends to be selective, with the marginalized suffering more than the powerful in society. While criminals exist in all social classes, correctional facilities are disproportionately overpopulated with people from low social spectrum. In Canada, the Aborigines are overrepresented in the justice system. The overrepresentation creates a narrative that the Aborigines have an innate inclination to commit a crime, leading to over-policing in areas where they populate, perpetuating the vicious cycle. Colonial legacy and present systemic discrimination account for the current relatively higher rates of antisocial behavior among the Aboriginals and overrepresentation in correctional facilities.
A casual look at the numbers in correctional facilities indicates a relatively higher proportion of Aboriginal adults and young people relative to their representation in the general population. For example, in 2015, 33% of the people in custody were indigenous youths, yet their representation in the general population was only 7% (Canadian Centre for Justice Statistics, 2016). Before undertaking the modules, I was comfortable with the existing narrative that there are more convicts from First Nations, Metis, and Inuit in jail as they commit more crimes than people of European extraction. It never occurred to me to question the reasons behind the Aboriginals’ propensity to offend. I just assumed that they are inherently criminal, a trait that is inherited from parents. As I progressed in the module, I was shocked to realize that historical injustices perpetrated by European immigrants account for most of the offenses committed by the present generation of Aborigines. Also, current systemic marginalization and discrimination ensures that more offenders of Aboriginal descent are likely to get arrested, convicted, and given long prison sentences than those of European extraction. Current and historical marginalization and discrimination push more natives into crime and contact with the justice system, leading to their overrepresentation.
Colonialism in Canada significantly disrupted the lives of the indigenous populations, and the impacts continue to be felt to date. Research indicates that social disorganization is linked to social disadvantage and high crime rates (Fitzgerald & Carrington, 2008). The European colonists arrived in Canada to dispossess the indigenous populations of their lands. To attain their aim, they forcefully removed the people from their native lands and confined them in reserves. The removal disrupted the Aboriginals and disorganized their indigenous ways of life. They could not undertake their religious and cultural practices, such as Potlatch ceremonies, and could not live sustainably within their natural environment. Most of them died of starvation and weakened immune systems. Also, the bearers of indigenous knowledge died before passing on their wisdom to the subsequent generation. The disorganization may account for a significant proportion of antisocial behavior present in the Aboriginal populations, which increases the people’s contact with the police and consequent incarceration.
The Indian Residential Schools system created generational trauma whose impacts persist, leading to the overrepresentation of the Aborigines in the justice system. The colonial masters designed many ways of eradicating the indigenous people and their cultures, the Indian Residential School (IRS) system being the most perverse. The IRS involved the forceful removal of Aboriginal children from their parents and confined them to boarding schools (Monchalin, 2016). They planned to assimilate the indigenous children into European culture forcefully. The children were taught to hate their cultures and received severe punishment if caught speaking in their mother tongues. Most children suffered traumatic experiences due to the harsh conditions in the boarding schools. Many died from the abuse, while those who survived went home broken and dislocated from their cultures and without a means of earning a living in the dominant European economy. They resorted to alcoholism, drug abuse, and other offenses. Research indicates that having a grandparent or a parent who experienced the Indian Residential School system increases a child’s chances of having mental issues such as depression and struggling in education (Bombay et al., 2014). Such children are likely to resort to various criminal activities for sustenance.
Moreover, the current justice system dominated by Canadians of European descent perpetuates systemic marginalization and discrimination of the indigenous populations, leading to their higher incarceration numbers. The indigenous populations face extensive discrimination from the government, with most policies aimed at further marginalizing the communities. Children from indigenous communities receive low-quality education, while others drop out due to various challenges. Low education attainment levels do not allow them to access high-paying jobs. The low-wage jobs confine them to poor neighborhoods characterized by high crime rates. The young people have high contact with the police due to over-policing in the neighborhoods owing to prejudices that view the indigenous populations as inherently criminal (Jackson, 2015). More indigenous population youth are regularly apprehended than non-indigenous people. After arrest, few can afford bail and are incarcerated, while their non-indigenous counterparts, who can easily access bonds and pay fines, get released. Therefore, the colonial legacy, represented by a prejudicial and discriminatory justice system, ensures that more indigenous offenders are apprehended and incarcerated than non-indigenous whites, leading to the former’s overrepresentation.
The Truth and Reconciliation Commission of Canada noted several immediate actions that the federal and state governments must operationalize to secure justice for indigenous populations. The calls to action (CTA) that are most important include 30 and 38 (Final Report of the Truth and Reconciliation Commission of Canada, 2015). The two provisions call upon all the government levels (territorial, provincial, and federal) to reduce the overrepresentation of indigenous people in the justice system. Also, the provisions provide that the government levels must document the progress. The administrators should be held accountable regarding the overrepresentation of Indigenous adults and youth in correctional facilities. They must indicate with documented proof that they undertook some actions and the outcomes. The two CTAs are essential as they allow the public to hold the government accountable for measurable objectives. They will improve the overall quality of the dispensation of justice.
Over 20 years after the Final Report of the Truth and Reconciliation Commission of Canada was released, the CTAs have not produced significant positive results. The overrepresentation of indigenous youths, adults, and women has not shown any signs of decline. Also, other CTAs have not shown much success. However, there is hope for the indigenous population as the people in Canada and globally gain more knowledge about the history of oppression and victimization of the Aboriginals. More collaborations, locally and internationally, will create a momentum that will compel the oppressor to confront their prejudices and desist. Presently, more indigenous Canadians are getting more empowered to speak out and advocate for their rights. With time, they will make progress as the world gradually recognizes the rights of the indigenous communities to their lands, cultures, and ways of promoting justice. The justice system will change, with more people opting to use the Aboriginal justice system focused on healing families and communities instead of punishing the offenders.
References
Bombay, A., Matheson, K., & Anisman, H. (2014). The intergenerational effects of Indian Residential Schools: implications for the concept of historical trauma. Transcultural psychiatry, 51(3), 320–338. https://doi.org/10.1177/1363461513503380
Canadian Centre for Justice Statistics. (2016). Youth Correctional Statistics in Canada, 2014/2015. Ottawa: Statistics Canada.
Final Report of the Truth and Reconciliation Commission of Canada (2015). Canada. Retrieved from https://www.pm.gc.ca/en/news/backgrounders/2015/12/15/final-report-truth-and-reconciliation-commission-canada
Fitzgerald, R.T. & Carrington, P.J. (2008). The neighbourhood context of urban Aboriginal crime. Canadian Journal of Criminology and Criminal Justice, 50, 523–557.
Jackson, N. (2015). Aboriginal youth overrepresentation in Canadian correctional services: Judicial and non-judicial actors and influence. Alberta Law Review, 52, 927–947.
Monchalin, L. (2016). Chapter 1—Introduction to Indigenous peoples in Canada. In The colonial problem: An Indigenous perspective on crime and injustice in Canada. Toronto, ON: University of Toronto Press.
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