Issues Paper: Overrepresentation of Aboriginals in the Justice System

There is overwhelming statistical evidence that Aboriginal people are overrepresented in prisons and the criminal justice system. The majority of Aboriginal prisoners, as compared to non-Aboriginal prisoners, started serving time at a younger age, have trouble with drugs and alcohol, and are represented almost exclusively by legal aid. There is a tremendous lack of resources for Aboriginals across Canada. It can be inferred from statistical evidence that overrepresentation of Aboriginals in the criminal justice system is more of a social issue rather than a criminal one.

Two concepts that are helpful in the understanding of this issue are: racial profiling and community-based rehabilitation. Racial profiling is understood as the practice of identifying individuals on the basis of race, colour of skin, and accent as being more likely to engage in illegal activities (Risse & Zeckhauser: 131). There is a general misconception that Aboriginals – among other racialized groups – are more likely to commit a crime. There is a degree of face validity to that statement, but when one examines the statistics more closely, it can be found that racialized groups are convicted more often than white individuals, which is not necessarily indicative of their likelihood to commit a crime.
Community-based rehabilitation is based on inclusive community development principles that assist individuals in being reintegrated into society after being convicted of a crime (Thomas: 277). This strategy is far more effective than conventional methods of punishment and rehabilitation for Aboriginals because their culture is more collectivist than most Western European cultures. The application of the Western European notion of what to do with people who break the law has limited coverage of health and rehabilitation services for Aboriginals. 
Many Aboriginal youth are raised around alcohol and drugs or are carted off to foster home after foster home. The hostile environments in which they are raised, later replicated in the prison system, sets a pattern that teaches Aboriginals about violence and power. Often, Aboriginals who were raised in hostile environments develop defensive views about the world, contrary to the reality of the situation. Mark S. Fliesher developed a list of six traits presented by people who hold a defensive world view:
1. A feeling of vulnerability and need to protect oneself.
2. A need to maintain social distance.
3. A belief that no one can be trusted.
4. A willingness to use violence and intimidation to repel others.
5. An attraction to similarly defensive people.
6. An expectation that no one will provide aid.
(Brooks, C & Schissel: 434). 
The majority of the statistical data that I found readily available was from the textbook Marginality and Condemnation. Between 1998-1999, 76% of prison admissions into Saskatchewan’s provincial jails were Aboriginal people. On a federal level, Aboriginals men accounted for 16% of admissions into federal prisons. 42% of victims of violent crimes in Saskatchewan were Aboriginals, even though Aboriginals constituted only 10% of the population. In addition to the statistics about prison population and crime, a study was conducted that took a sample population of 556 Aboriginal people and found that 88% of them needed help with substance abuse (Brooks, C & Schissel: 432).
In the media, there are a few common phrases that seemed to recur: “No-justice” was one, and “National Shame” was another. On the surface, it seems that people are willing to attribute the various financial and substance abuse problems to the terrible things white people did to the Aboriginals in the past, but those same people are making contradictory assumptions that it is up to the Aboriginals to fix their own problems. People seem to be willing to accept mediocre apologies to the Aboriginals for past atrocities, as when Prime Minister Stephen Harper apologized for the residential schools. It was very difficult to find statistics on Aboriginals in general, not even just in the realm of the criminal justice system. It seems as though people are trying to cover up the horrifying statistics that offer a glimpse at the troubles Aboriginals are facing. 
       There are two groups of Aboriginal people who are more affected than others; they are Aboriginal women and young Aboriginals. Aboriginal women make up 28% of the female penitentiary population, as opposed to Aboriginal men who make up 18% of the male penitentiary population. Not only that, but Aboriginal women are three times more likely than non-Aboriginal women to be victims of violent crime, specifically sexual assault, robbery, and physical assault (Brooks, C & Schissel: 330). Young Aboriginals (between 20-30 years old) represent 60% of the total Aboriginal prison population (Brooks, C & Schissel: 432).
       There are many implications for Canadian society involved in this issue. Over-policing due to racial profiling can lead to stress of police, perpetuating the stereotyping of Aboriginals and therefore creating a vicious cycle of inequality for the Aboriginals. As a direct result of over-policing and prejudiced police officers, there would be increased levels of financial stress on the Canadian economy because of the perceived need for more police officers to patrol racially profiled areas and the necessity for more prisons to accommodate the higher rate of incarceration. If Aboriginals feel like they are being racialized and marginalized, then an increased level of stress and distrust among the Aboriginal population could also be seen.
       There are a number of different solutions that could be implemented to address the issue of overrepresentation of Aboriginals in the justice system. Education of the non-Aboriginal population would be helpful is dispelling prejudices and acts of racism that contributes to overrepresentation of Aboriginals in the justice system. More psychologists and social workers would be useful to help Aboriginals reintegrate into mainstream society so there would be a lower rate of recidivism. Along with increased psychologists and social workers, there should be additional education programs about substance use and abuse to prevent the use of illegal substances and the abuse of legal substances. It would be helpful if there were alternatives to putting Aboriginals in prison before considering alternatives, or before putting any individual into a prison. Community service programs help convicts grow as individuals and gain self-confidence while giving back to the community. 
       The issue of overrepresentation of Aboriginals in the criminal justice system is an important facet of the Canadian justice system. This issue must be dealt with in a social way, which requires many Canadians to look at “criminals” and Aboriginals in a different light. The various problems such as serving time at a younger age, trouble with substance abuse, and lack of financial support, require a community approach and a paradigm shift. 


Sources
Risse, Mathias &Richard Zeckhauser. Racial Profiling. Philosophy & Public Affairs
Volume 32, Issue 2, pages 131–170, April 2004

Brooks, C & Bernard Schissel. Marginality and condemnation: An introduction to critical criminology. Halifax, N.S: Fernwood Publishing, 2002.
Thomas, M. Reflections on Community-based Rehabilitation.Psychology & Developing Societies, 23, 2, 277-291, January 01, 2011.