MODULE 7 - Incarceration

Settler Colonialism and Incarceration

Lecture One

Introduction

  • Question Posed: "Why are so many of you in prison?"

  • Context: Exploration of settler colonialism influence on incarceration rates, particularly among Indigenous peoples.

Learning Outcomes

  • Engage with historical laws and structures as tools of settler colonialism.

  • Learn the definition and processes of criminalization.

  • Evaluate "structures of criminalization" and assess stereotypes related to colonialism and criminalization.

  • Understand the relationship between settler colonialism and mass incarceration of Indigenous peoples.

  • Introduction to Indigenous abolition and legal systems.

Philosophical Insights

  • Art Solomon, Ojibwe Elder:

    • Reflection on Indigenous societal structures lacking jails or crisis centers, focusing on a philosophy rooted in humanity.

    • Emphasis on the need to center Indigenous narratives for a flourishing future.

Examples of Colonial Containment

  • Systems of Control:

    • Reserve system

    • The Pass System

    • Residential Schools

    • Incarceration

    • Foster Care System

    • Educational Underfunding

    • Lack of access to clean drinking water

    • Employment discrimination

Definition of Settler Colonialism

  • Characterized by

    • Expropriation of territory and resources.

    • Transplanting Indigenous peoples with settler populations.

    • Recognized as both a structure and an ongoing process of colonialism.

Features of Settler Colonialism

  • Replaces local governance with a universal system.

  • Eliminates non-compliant social systems (e.g., matriarchies, diverse gender categories).

  • Controls Indigenous access to lands and resources.

Criminalization Defined

  • Criminalization: The transformation of behaviors and individuals into recognized crime and criminals as per Michalowski, R. J.

Narrative Formation and Stereotype Creation

  • Data interpreted through pre-existing narratives, affecting group relations and policy-making.

  • The perception of differences leads to a cycle of criminalization:

    • Observe → Select → Make Meaning → Act → Inform Future

Perceptions of Indigenous Peoples

  • Example given: Community-based encounters showcasing racial profiling and criminalization, influencing societal interactions.

Indigenous Systems Targeted for Criminalization

  • Marriage Practices: Negotiated by women, showcasing their power within unions; historical legal challenges from 1867 Connolly V. Woolrich to 1887 Orders.

  • Political Economies: Indigenous societies centered on sharing and trading, contrasting with resource exploitations by settlers.

Gender and Sexuality

  • Diverse sexual and gender identities within Indigenous nations have historically been suppressed and devalued by settler and religious authorities.

  • Activism and art from Indigenous communities seek to reclaim these identities.

Structures of Racism and Criminalization

  • Key components:

    • Specific legislation like The Indian Act.

    • Systemic racism within law enforcement (RCMP, local police).

    • The justice system including courts and corrections.

    • Perceptions shaped by historical and contemporary narratives.

The Indian Act (1876)

  • A legislative framework governing Indigenous lives, violating nation-to-nation agreements.

  • Continuously amended to suppress Indigenous rights and needs.

Impact of the Indian Act

  • Examples of amendments show the systematic approach to eliminate Indigenous cultures, traditions, and rights.

Current Consequences

  • Criminalization undermines Indigenous sovereignty and justifies confiscation of lands.

  • Settler narratives perpetuate myths of Indigenous deficit and Canadian benevolence.

Settler Colonialism's Long-term Crisis

  • Actions leading to the marginalization of Indigenous peoples:

    • Environmental destruction, loss of cultural practices, residential schooling.

    • Systematic violence, loss of resources, and health crises affecting Indigenous populations.

Historical Indigenous Resistance

  • Notable events include the Red River Resistance and Northwest Resistance focused on Métis rights.

  • Consequences of resistance include incarceration and marginalization of Indigenous leaders.

Incarceration and Colonialism

  • Historical and ongoing use of legal systems to control Indigenous populations, exemplified by the case of Nuqallaq.

Learning Goals Recap

  • Engage with the historical contexts of laws as tools of colonial control.

  • Understand the intertwined nature of criminalization and Indigenous communities.

Lecture Two: Continued Exploration of Colonialism and Incarceration

Real-Life Impact Narratives

  • Examples of racial profiling and systemic injustices faced by Indigenous individuals in law enforcement and everyday life.

Societal Perceptions

  • Indigenous people's experiences informed by ongoing systemic racism, illustrating broader implications for community health and identity.

Structural Racism Defined

  • Policies and practices entrenched in institutions leading to exclusion of designated groups; differs from overt discrimination as it doesn’t require individual intent.

Connection of Child Welfare and Criminal Justice

  • Documented relationship where the child welfare system feeds the criminal justice system, leading to cultural harm.