Canadian aboriginal persons are incarcerated in numbers well above their proportion of the overall population. Comprising 3 percent of the national adult population, aboriginals account for about 20 percent of those receiving jail sentences.
In 2003/04, Aboriginal people accounted for 21% of admissions to provincial/territorial sentenced custody, 18% of admissions to federal custody, 18% of admissions to remand, 16% of probation admissions and 19% of conditional sentence admissions. At the same time, Aboriginal people represented 3% of the Canadian adult population.
. . .
Aboriginal people had higher levels of representation in sentenced custody compared to their representation in the adult population, most notably in Manitoba (68% versus 11%), Alberta (39% versus 4%), Saskatchewan (80% versus 10%), British Columbia (20% versus 4%) and Ontario (9% versus 1%).
Here are the data for the northern territories: Yukon, 73% versus 20%; Northwest Territories: 88% versus 45%; Nunavut: 97% versus 78%.
Source of above statistics: "Correctional Services in Canada, 2003-04", Juristat, Vol. 25, no. 8 (Canadian Centre for Justice Statistics, Statistics Canada, catalogue no. 85-002), pp. 14-15 [not available online]
Most explorations of reasons for the disproportionate representation of aboriginals in Canadian jails are based on the assumption that aboriginal persons are victims of discrimination. Aboriginals are over-represented because of cultural and historical differences between aboriginals and non-aboriginals. The criminal justice system fails to take into account the damage aboriginals have suffered in the history of their relations with non-aboriginals. If this experience were to be recognised and appropriate adjustments made to the system, so this line of argument contends, the disparity would be rectified.
[O]ver-representation of Aboriginal people in the criminal justice system has been due to a combination of "culturally insensitive" and discriminatory policing ("over-policing" as well as "under-policing") and criminal justice processing (e.g., sentencing), and a high rate of offending (and victimization) in "Aboriginal communities," which itself is the result of historical colonization, exploitation, and consequent social, economic, and cultural deterioration of such communities.
Policy proposals arising from this perspective typically advocate radical restructuring of Canada's justice system. Policing of aboriginal communities should be taken over by independent aboriginal police services. Separate and fundamentally independent aboriginal justice institutions that respect aboriginal culture, experience, and social needs should be set up to ensure that Canadian aboriginals are treated fairly in the courts.
The problem at the root of aboriginal over-representation directly arises from aboriginality itself. Therefore,
the “white” criminal justice system is, and will always be, inherently incapable of responding appropriately, effectively, and acceptably to these Aboriginal realities.
An article recommended to me by a colleague looks at the data from a different angle, challenges the assumptions, and contends that those policy proposals do not address the root conditions and therefore will not mitigate the problem. The article, entitled "Exile On Main Street: Some Thoughts on Aboriginal Over-Representation in the Criminal Justice System", by Carol La Prairie of Justice Canada and Philip Stenning of University of Toronto, is the source of the above and all subsequent quotations. (Full source information is given at the end of this post.)
Aboriginals are not the only identifiable demographic group that is over-represented in Canadian prisons. Males, young people, the unemployed, and those with low levels of education are imprisoned in numbers far beyond their proportion in the overall population. These factors (with the exception of male) are also found in the aboriginal population to a much greater extent than in the non-aboriginal population. Aboriginal Canadians are more likely to be young (aged 15-24), unemployed, and have low levels of educational attainment; they are also more likely to have low income and to have been raised by a single parent. In fact, the demographic profile of the general aboriginal population resembles that of the prison population to a far greater extent than does that of the overall Canadian population. Prison inmates share demographic characteristics that are shared by the general aboriginal population.
In the provinces with an exceptionally high proportion of aboriginals among those sentenced to custody, one also finds that aboriginals are over-represented among residents of low-income, high-crime, inner-city neighbourhoods.
[T]he concentrations, demographic compositions, and socio-economic circumstances of Aboriginal populations in the Prairie cities are very different from those in other large Canadian cities. The cities with the largest proportions of Aboriginal people living in extremely poor neighbourhoods are Winnipeg (41.2 percent), Saskatoon (30.2 percent), and Regina (26.9 percent). The cities with the smallest are Toronto (15.8 percent), Vancouver (17.1 percent), and Edmonton (19.4 percent). In the eastern cities, similar proportions of Aboriginal and non-Aboriginal people live in poor neighbourhoods, but in Prairie cities the proportion of Aboriginal people living in these circumstances is three or four times that of non-Aboriginal people. In Vancouver and Edmonton, it is twice as high.
This is the basis for the contention that over-representation in criminal activity is connected with the characteristics of the area in which it occurs rather than racial or ethnic discrimination.
[P]olice and other criminal justice officials are called upon to respond to patterns of crime and victimization in certain neighbourhoods (notably poor inner-city neighbourhoods), which make it understandable, if not inevitable, that the most disadvantaged people in those neighbourhoods (be they Aboriginal or non-Aboriginal people) will more frequently come to the attention of the police and, consequently, be statistically over-represented in the criminal justice system.
It is also important to note that most aboriginal crime is intra-racial: Aboriginals are over-represented among victims of crime as well as perpetrators.
If this view is correct, then policy prescriptions involving justice system modifications designed to encourage or require “cultural sensitivity” toward aboriginal people will not address the issue of over-representation. Moreover, when one realises that most aboriginal crime is committed against other aboriginals, “sensitivity” toward offenders may entail insensitivity toward victims.
The conditions out of which aboriginal crime arises are not unique to aboriginal people. Circumstances such as young age, low education, unemployment, and inadequate parenting occur more often among aboriginals, but they are also widespread among non-aboriginals; and they are not amenable to improvement through changes in police and judicial institutions. Young, single, poorly educated males are over-represented in jails, irrespective of ethnicity. A separate, autonomous aboriginal justice system will not change that.
Finally, culturally sensitive approaches to aboriginal criminal justice have been increasingly emphasised for decades, but there is no evidence that they have reduced aboriginal involvement in criminal activity.
"Exile On Main Street: Some Thoughts on Aboriginal Over-Representation in the Criminal Justice System" is contained in a 2003 collection of papers entitled Not Strangers In These Parts: Urban Aboriginal Peoples, which is available online as a pdf document (3 MB in size). The article by Dr La Prairie and Prof Stenning is found on pages 179-194. A press release announcing the book’s publication is posted here.