Rising-Incarceration-Rates-of-Racialized-Women

Incarceration of Women in Canada

Overview of Incarceration Causes

• Prevalence of Factors: 82% of women in prison are incarcerated due to behaviors related to poverty, abuse, addiction, and mental health struggles.

• Social Assistance Limitations: Inadequate social assistance across all provinces forces women into criminalized actions in attempts to support themselves and their children.

• Indigenous Women’s Experience: Indigenous women face heightened scrutiny and responsibility to ensure their safety, leading to criminalization when they engage in self-defense or other actions perceived as illegal.

Criminal Justice System Failures

• Lack of Protection: The justice system often fails to protect Indigenous women, leading to feelings of responsibility for their own safety in the absence of adequate police response.

• Consequences of Self-Defense: Women, particularly Indigenous women, face severe legal repercussions when using force for self-defense, including disproportionate sentencing.

• Injuries in Encounters: Due to physical disparities, women are often significantly vulnerable during confrontations with male assailants, facing severe injuries or death.

• Legal repercussions of Defensive Actions: The use of objects for protection, such as a frying pan or knife, can lead to criminal charges, often resulting in a guilty plea to avoid harsher repercussions due to fears of legal processes.

Statistics on Incarceration Rates

• Indigenous Women Incarceration: Indigenous women represent one in three women in federal custody and are part of the fastest-growing prison population in Canada.

• Rising Trends in Marginalization: Issues of marginalization, victimization, and criminalization are intricately linked, reflecting systemic inequality in prosecutorial actions and societal privilege.

• Abuse and Mental Health: A significant portion of incarcerated women, specifically 91% of Indigenous women, have histories of abuse and mental health challenges.

Addressing Incarceration Issues

Legislative Response

• Corrections and Conditional Release Act (1992): Introduced mechanisms for decarceration of individuals with mental health issues and Indigenous prisoners, including provisions for healthcare access and community sentence options.

• Implementation Issues: Despite legislative intent, the incarceration rates for Indigenous women and those with mental health issues have dramatically increased, signaling failures in the execution of these provisions.

Recommended Actions

• Comprehensive Approach Needed: A holistic strategy is required to address the systemic issues leading to the marginalization and criminalization of women, particularly in Indigenous communities.

• Equality Provisions: Action must be taken to actualize the equality measures outlined in the Canadian Charter of Rights and Freedoms.

• Guaranteed Income Initiatives: Exploring programs similar to Canada’s past Mincome project could provide economic support to mitigate crime and improve living conditions.

Governmental Responsibilities

• Decarceration Development: Governments should shift focus from incarceration to community support initiatives for women, particularly those with children. Consideration of alternative structures, such as community sponsorship programs, would aid in supporting incarcerated women and their families.

• Fiscal Implications: Reevaluation of the high costs of imprisonment (up to $600,000 per woman annually) to fund community initiatives fostering education, housing, and social support, reflecting President Nelson Mandela’s decarceration policy for mothers with young children.

1. The incarceration of women in Canada, particularly Indigenous women, is largely driven by systemic factors like poverty, abuse, and mental health struggles, which necessitate a comprehensive understanding of their circumstances rather than solely focusing on individual criminality.

2. The failure of the criminal justice system to protect vulnerable populations, especially Indigenous women, leads to criminalization for actions taken in self-defense or as a response to their unsafe environments, highlighting the need for legal reforms and societal changes.

3. A shift from punitive measures to community-based support initiatives and guaranteed income programs is essential to address the root causes of women's incarceration, foster equity, and support marginalized communities.