tansi ninôtemik,
Canada’s justice system prides itself on its progressiveness, but there continues to be a stark overrepresentation of Indigenous peoples in Canadian carceral systems. This terrible reality is even worse for Indigenous women. In 2020, for every four non-Indigenous adults in provincial custody, there were nearly 43 Indigenous adults in comparison.[1] Even when accounting for gender differences, 49% of females in Canadian correctional facilities were Indigenous, and almost 32% were Indigenous men.[2] These statistics are not mere numbers; they are a direct consequence of the systemic discrimination faced by Indigenous communities over generations.
While Gladue principles require courts to consider the various systemic factors affecting an Indigenous individual’s involvement with the criminal justice system, there is certainly room for improvement given the nature of these statistics. Gladue reports may fall short when gendered dimensions of trauma are involved since they do not specifically focus on this attribute of an individual’s criminal involvement.[3] Unfortunately, even when there have been clear opportunities for the Canadian judiciary to address gendered dimensions of trauma in Gladue reports, some Canadian judges have side-stepped these issues, further adding to the silence regarding sex-based violence against Indigenous women.[4]
It is important that Canada’s legal system reflect the multicultural values of the people it serves, and this is why there is a greater need for more culturally sensitive methods to address gender equity in the criminal justice system. Gladue reports and principles are a good starting point towards actionable reconciliation efforts, but they are not the ultimate answer to the existing systemic issues.
Indigenous peoples bear the weight of systemic neglect, intergenerational trauma, and colonial violence, yet communities have continued to be resilient and persevere. To effectively honour their experiences, the justice system needs to grow and evolve to reflect the complex realities that Indigenous communities face. But what does this growth and evolution look like to you? How do we make actionable interventions in advocating for a justice system that addresses the gendered nature of colonialism on Indigenous women?
Since reconciliation is a collective journey, what steps can we take to support Indigenous peoples in our communities and beyond? Do you believe Gladue principles, as they currently are, are as effective as they can be in addressing systemic inequalities? We would love to hear your opinion and continue to bring light to these topics.
ekosi and until next time,
The ReconciliACTION Team
Citations
[1] Government of Alberta, 2021 Census of Canada: Indigenous People (22 March 2023), online: <open.alberta.ca> [perma.cc/7RVJ-KK9F].
[2] Canada, Department of Justice, “JustFacts: The Overrepresentation of Indigenous People in the Canadian Criminal Justice System” (November 2024), online: <justice.gc.ca> [perma.cc/F9MC-84TA].
[3] Charlotte Baigent, “Why Gladue Needs an Intersectional Lens: The Silencing of Sex in Indigenous Women’s Sentencing Decisions” (2020) 32:1 Canadian Journal of Women and the Law 1, DOI: <doi.org/10.3138/cjwl.32.1.01>.
[4] Ibid at 29.
[Image] “Gladue & Beyond”, The Canadian Bar Association, online: <cba.org> [perma.cc/3PKQ-VXJN].