Indigenous_Peoples_BW

Indigenous People and Punishment, Part 1

• Course: AP/CRIM 3656 A 3.0 Fall 2023

• Instructor: C Paul Baxter

Lecture Overview

• Key Themes Discussed:

  • Conditions facing Indigenous Peoples as root causes of crime.

  • Historical impact of colonialism and settler societies on Indigenous communities.

  • Criminalization and high rates of incarceration among Indigenous Peoples.

  • Application of criminological concepts and categories within social sciences.

  • Examination of societal conditions in Canada.

  • Analysis of crime and offending rates among Indigenous populations.

  • Cycles of incarceration leading to cycles of despair within Indigenous communities.

Historical Context

• British Empire Overview:

  • Comprising the United Kingdom, dominions, British India, protectorates, mandates, and other dependencies from historical perspective (referencing provided map).

Indigenous Peoples' Land and Culture

• Historical Occupation:

  • North America was originally home to Indigenous Peoples only.

  • Questions raised about how their land tenure has drastically changed over time.

Major Themes Identified

• Four Key Themes:

  • Disavowal and marginalization of Indigenous Knowledge within academic contexts.

  • Indigenous challenges to Western approaches to crime control as epistemological and methodological hegemony.

  • Colonialism and neo-colonialism's role in adverse interactions between Indigenous Peoples and the criminal justice system.

  • Need for settler societies to support Indigenous self-determination and leadership.

Historical Presuppositions

• Impacts of Colonialism:

  • Lasting social, economic, and political marginalization of Indigenous Peoples due to colonial practices.

  • Over-representation of Indigenous Peoples in the contemporary criminal justice system linked to historical colonial projects.

  • Institutional failures stem from reliance on settler theories and policies in problem analysis.

Settler Society Dynamics

• Definitions Explained:

  • Colonialism: Involves the occupation and claiming of lands.

  • Neo-Colonialism: Continued internal reproductions of colonial practices, including land control by governments over Indigenous Peoples.

  • Settler Society: Countries dominated by settlers with a legacy of insensitivity to Indigenous rights and land claims.

Indigenous Knowledge in Criminology

• Critique of Criminology:

  • Labeled as ideological dismissal of Indigenous knowledge; viewed as unscientific.

  • Perspective on criminology as a tool for imperialist domination.

Colonial and Neo-Colonial Effects

• Criminogenic Effects of Colonialism:

  • Examples: Residential schools causing generational trauma and health issues in Indigenous communities.

  • Impacts include higher arrest rates, poor mental health, unresolved grief, and increased violence.

Indigenous Epistemology

• Cultural Knowledge:

  • Indigenous ways of knowing are rooted in local, oral traditions, often transmitted through narratives, ceremonies, and nature.

  • This contrasts with the Western conception tied to power dynamics and academic objectivity.

Definitional Problems in Correctional Services

• Categorical Insights:

  • Paternalism in CSC (Correctional Service Canada) limits Indigenous authority and resources.

  • CSC's adoption of a pan-Indigenous approach often fails to recognize the diversity of Indigenous experiences and practices.

Structural Issues in Justice and Rehabilitation

• Claims of Government Fraud:

  • Critiques of centralized control over Indigenous programming and law enforcement.

  • Calls for Indigenous constitutionalism to navigate jurisdictional disputes effectively.

Crime Statistics and Trends

• Reported Crime Rates (2018):

  • Analysis of Indigenous vs. Non-Indigenous populations in crime rates across various provinces and territories.

Youth and Adult Crime Dynamics

• Youth Crime Insights:

  • Rising admissions of Indigenous youth to correctional services, reflecting broader systemic issues.

• Adult Custodial Trends:

  • Persistent growth of Indigenous individuals in custody, with specific data on demographics over recent years.

Calls to Action

• Truth and Reconciliation Commission (TRC) #30:

  • Acknowledgment of overrepresentation in custody and actions needed for systemic change to reduce numbers.

Systemic Issues in Canadian Corrections

• Prison Conditions:

  • High rates of use of force, self-injury, and revocation amongst Indigenous populations.

  • Observations indicating a perpetual crisis in Corrections due to escalating numbers of incarcerated Indigenous Peoples.

Recommendations for Reform

• Community-Based Healing Lodges:

  • Advocacy for enhanced use and better-resourced community-run initiatives in the legal system.

• Quality and Accessibility of Cultural Programming:

  • Initiatives to enhance culturally-infused rehabilitation experiences in correctional facilities.

• Indigenous Leadership in Correctional Services:

  • Need for greater Indigenous representation and effective leadership within the Correctional Service Canada.

READING NOTES

Annual Report Overview

• Title: Annual Report 2021-2022, Office of the Correctional Investigator

• Publisher: Office of the Bureau de Correctional l'enquêteur Canada

• Date of Submission: June 30, 2022

• Important Addresses:

  • Office Address: P.O. Box 3421, Ottawa, Ontario K1P 6L4

• Minister Addressed: The Honourable Marco Mendicino, Minister of Public Safety

Messages from Officials

Correctional Investigator’s Message

• History: Established 50 years ago in response to severe issues in Canada’s Penitentiary Service (Riots, hostage situations).

• Function: Provides independent oversight and investigates prisoner complaints, aiming for systemic and individual issue resolutions.

• Investigative Integrity: Emphasizes quality and thoroughness in investigations as key to effecting change.

Executive Director’s Message

• Challenges: COVID-19 restrictions continued to impact federal correctional facilities operations.

• Institution Visits: Despite challenges, the team conducted 83 days in institutions across various regions.

• Strategic Plan: Development of a Three-Year Strategic Plan focusing on workplace safety, organizational agility, systemic investigation capacities, and data management strategies.

Key Areas of Focus in the Report

National Updates and Significant Cases

1. Dry Cells:

   • Discusses the policy on dry cell placements. Judicial ruling found extended placements potentially unlawful, prompting government review.

2. Drug Strategy:

   • Review of the effectiveness of the Prison Needle Exchange Program (PNEP) and Overdose Prevention Service (OPS).

3. Edmonton Institution:

   • Ongoing issues of dysfunction and staff misconduct.

4. Over-representation of Indigenous Women:

   • Reports on increasing percentages of Indigenous women in maximum-security units.

5. Mother-Child Program:

   • Assessment of the program’s effectiveness and participation barriers.

6. Security Escort Vehicles:

   • Issues regarding safety standards.

National Level Investigations

• Update on the experiences of Black persons, restrictive forms of confinement, and Indigenous issues in federal corrections.

Correctional Investigator’s Outlook for 2022-23

• Future Investigations: Focus on Indigenous issues and recommendation follow-ups from previous reports.

• COVID-19 Ahc: Discusses adaptations in response to the ongoing pandemic and its impacts on operations.

• Intent: To maintain integrity and keep focus on human rights and fair treatment of inmates.

Summary of Recommendations (Annex A)

1. Dry Cell Placements: Prohibit indefinite placements beyond 72 hours.

2. Drug Strategy Enhancements: Revamp and nationally implement PNEP and OPS, update drug policy.

3. Indigenous Social History: Integrate meaningfully in security classification processes, enhance training.

4. Secure Units: Immediate rescission of the level system for maximum-security women.

5. Mother-Child Program: Review eligibility criteria to boost participation.

6. Safety in Escort Vehicles: Equip with safety features including seatbelts.

7. Cultural Items and Personal Care: Ensure Black prisoners have access to cultural items, including do-rags; include diverse food in canteens.

8. Security Threat Groups Review: Assess criteria for STG classification to address bias.

9. Discrimination Training: Enhance staff training to cover practical experiences of Black individuals.

10. National Strategy for Black Offenders: Develop targeted programming, involve community groups in planning, and allocate dedicated funding.

Complaints Overview (Annex B and Annex C)

• Complaints Received: Total of 4,761 categorized into various concerns including administrative segregation, health care, conditions of confinement, and inmate safety.

• Demographics: Noted overrepresentation of Indigenous and Black persons in complaints related to discrimination, conditions of confinement, and health concerns.

Statistical Highlights (Annex B)

• Continued over-representation of Indigenous and Black individuals in federal penitentiaries, with statistics reflecting increasing trends in specific demographics and complaint categories.

Root causes of over-representation of Indigenous Peoples in prisons and jails in Canada:

• Historical Impact of Colonialism: Lasting social, economic, and political marginalization due to colonial practices has subjected Indigenous communities to poverty and systemic inequalities that contribute to higher crime rates.

• Criminalization: Indigenous Peoples face increased criminalization and higher rates of incarceration as a result of societal biases and systemic discrimination within the criminal justice system.

• Cycles of Incarceration: There are cycles of incarceration leading to cycles of despair; as individuals are incarcerated, their families and communities also suffer, perpetuating a cycle of trauma and reoffending.

• Disavowal of Indigenous Knowledge: Academic dismissal of Indigenous approaches to crime, neglecting culturally relevant methods of rehabilitation.

Understanding the current problem requires an acknowledgment of the past:

• The historical context, including colonization and its effects on Indigenous land, culture, and social systems, is essential to comprehending present-day issues of over-incarceration.

Effects of Colonialism and Settler Colonialism:

• Generational Trauma: Practices such as the residential school system have created deep-rooted trauma in Indigenous communities.

• Systemic Inequality: Ongoing economic disparity and lack of access to resources exacerbate conditions that lead to crime.

• Cultural Disruption: The suppression of Indigenous cultures and knowledge contributes to social dislocation and further marginalization.

Failures of the Federal Prison System:

• Institutional Insensitivity: The system continues to rely on settler theories and policies, failing to respect Indigenous governance and community-based approaches.

• Paternalism: The Correctional Service Canada (CSC) limits Indigenous authority and resources, adopting a generalized pan-Indigenous approach rather than recognizing community diversity.

Effectiveness of Proposed Institutional Changes:

• The success of changes introduced in the report remains to be seen. While there are recommendations for community-based initiatives and improved representation of Indigenous leadership, practical implementation and commitment from the government are crucial for real reform.