CHAPTER 14: INDIGENEITY AND CRIME

Explain jamie gladue case

• 19 year old killed common law partner, plead manslaughter and recieved 3 year sentence that she appealed in SCC

Explain section 718.2

• courts must consider alternatives to incarceration to help reduce indigenous over representation, indigenous people have right to gladue report and eligibility cannot depend on whether they live on reserve

What do the gladue factors include?

• substance misuse

• poverty

• racism

• family breakdown

• unemployment

• colonial harms

What are the proximal reasons for indigenous over representation?

• higher recorded crime rates, racial discrimination and policing like fine defaults that disproportionately push poor indigenous people into custody

What are the distal root causes of over representation?

• culture clashes over justice, colonialism, Indian act, residential schools, sixties scoop, unmarked graves - have produced intergenerational trauma and social disadvantage

what factors contribute to higher scores on risk/need factors?

• shorter life expectancy, high unemployment, lower income, more children in care, higher suicide rates, lower education

what are the tools used?

SIR, LSI, DFIA-R, CRS, VRS, Static 99

show predictive validity for indigenous and non but mostly static in non indigenous

raising concerns for bias

What policy questions are raised about this problem?

• whether high risk scores reflect biased instruments or long term effects of colonialism

explain the law and policy treatment approaches

• require indigenous programming, based on idea that loss of culture is central to indigenous offending and cultural reconnection as part of solution

Explain the indigenous programs for treatment

• combine RNR style cognitive behavioral interventions with cultural elements like spiritual practices, sweat lodges, indigenous languages, elders guidance

Explain the meta analyses evidence for treatment

• culturally tailored programs can reduce recidivism

what is the proposal for indigenous offenders

• federal powers over care, custody, supervision of indigenous offenders to indigenous communities and organizations - allowing them to control corrections