Introduction
This paper explores the overrepresentation of Indigenous people in Canadian prisons, analyzing the historical, systemic, and ongoing impacts of colonialism and systemic racism through the lenses of Critical Race Theory (CRT), post-colonial theory, and Indigenous worldviews. These frameworks emphasize the structural inequities embedded in the criminal justice system and the importance of resistance and relational accountability in dismantling colonial systems (Baskin, 2016; Jones, 2022).
The discussion addresses the historical roots of systemic oppression, current realities within Canada’s criminal justice system, and actionable steps for decolonizing social work practice. I approach this topic as a Black African immigrant who has experienced systemic oppression. As a Black male social work student and an Undergraduate Research Scholar (UREAP), I am passionate about advocacy and dismantling the oppressive structures that affect Indigenous, black and other racialized communities. However, I also embody the more stereotypical Black experiences: fatherlessness, youthful criminality, high school underachievement, poverty, and first-generation migration. Reading articles and listening to podcasts on the impact of settler colonialism and the overrepresentation of Indigenous and black people led to a tightness in my chest and uneasiness in my gut. This discomfort stems from the use of oppressive frameworks to analyze indigenous experiences. My positionality informs this work, allowing me to draw parallels between colonial oppression in my own history and the experiences of Indigenous people, while also incorporating some statistics about Black people in Canada. This paper addresses the need to decolonize social work practices within the criminal justice system by integrating Indigenous knowledge and advocating for policies that promote self-determination, healing, and justice for marginalized communities.
What Was the Problem?
Since the 1970s, the overrepresentation of Indigenous people in Canada’s correctional system has been a critical concern (Ndegwa et al., 2023). According to David & Mitchell (2021), the overrepresentation of Indigenous as well as Black people in Canadian prisons is a direct outcome of settler colonialism, systemic racism and the colonial legacy in the criminal justice system. Historically, the criminalization of Indigenous and Black communities stems from discriminatory policies, such as the enforcement of passed laws and restrictions on land rights for Indigenous peoples and racial profiling practices targeting Black Canadians (Ndegwa et al., 2023). Despite comprising about 5% of Canada’s population, Indigenous individuals account for 32% of the federal prison population, with Indigenous women representing over 50% of incarcerated women. Similarly, Black Canadians, making up 3.5% of the population, are disproportionately represented in federal prisons, accounting for 7.2% of inmates (Statistics Canada, 2023). The Canadian justice system, according to Monchalin (2016), is viewed by the First Nations people he met “as devoid of any reflection of their core principles or values,” as “a foreign system that has been imposed upon them without their consent.”
What Was Done About It?
In 1996, Parliament enacted section 718.2(e) of the Criminal Code, which requires sentencing judges to give “particular attention to the circumstances of Aboriginal offenders” and to consider all appropriate punishments other than imprisonment (Skolnik, 2022, p. 634). Additional efforts to address these disparities include the introduction of the Gladue principles following R. v. Gladue (1999), which emphasized the need for courts to consider the systemic factors affecting Indigenous offenders during sentencing. Specifically, when sentencing Indigenous individuals, judges must take into account “the unique systemic or background factors which may have influenced the particular Aboriginal offender’s appearance before the courts.” Additionally, judges must consider “the types of sentencing procedures and sanctions that may be appropriate for the offender due to his or her Aboriginal heritage or connection” (Skolnik, 2022, p. 634). The R. v. Ipeelee (2012) decision further reinforced the application of Gladue principles. However, these measures have largely failed to reduce incarceration rates, with Indigenous incarceration rising by 16% since the Gladue ruling (Ndegwa et.al, 2023). Many scholars critique the inconsistent application of these principles and argue that the underlying colonial structures remain intact (Ndegwa et.al, 2023).
What Was Recommended in the Past but Did Not Come to Fruition?
The Truth and Reconciliation Commission (TRC) Call to Action 30 recommended eliminating the overrepresentation of Indigenous people in custody and prioritizing the establishment of Indigenous-led justice systems (TRC, 2015). Similarly, the introduction of culturally appropriate sentencing circles and community-based rehabilitation programs to reallocate resources from prisons to community-based reintegration efforts so offenders can be released into their communities was proposed (TVO Today, 2024).
“First Nations leaders were unequivocal that re-introducing restorative justice programs would have multiple benefits at the community level. Such benefits include the delivery of justice in a culturally relevant manner, a greater understanding of justice at the community level, increased community involvement in the implementation of justice and, finally, an opportunity to educate people about the justice system and their responsibility to become engaged on the juries when called upon to do so.” (Monchalin, 2016 p. 282) Unfortunately, these recommendations have not been fully realized due to a lack of political will, funding, and systemic resistance within the criminal justice system (Monchalin, 2016).
Who Advocated for Change?
For decades, Elders, lawyers, scholars, and civil society groups have stressed the need for criminal justice reform. Yet Indigenous and racialized persons are still over-policed and over-represented in the criminal justice system (Monchalin, 2016). Advocates for change include scholars like Elizabeth Comack, who highlight the role of systemic colonial violence in perpetuating mass incarceration. Justice Harry S. LaForme, an Anishinabe and Pamela Palmater, a Mi’kmaq lawyer and activist, emphasized the need to move beyond punitive measures and incorporate Indigenous worldviews into the justice system (Skolnik, 2022; TVO Today, 2024).
Present
Ethical Research by Indigenous Scholars
Indigenous scholars have brought to light the systemic racism and colonial legacies embedded within Canada’s criminal justice system. Studies highlight that the Euro-Canadian justice model prioritizes punitive measures, such as incarceration, over restorative practices rooted in Indigenous worldviews (Monchalin, 2016; Porter, 2016). Dr. Marcia Anderson, a Cree-Anishinaabe and Vice-Dean of Indigenous Health, Social Justice, and Anti-Racism at the University of Manitoba, is one of the scholars advocating for restorative justice approaches. She emphasizes community healing and holistic practices as alternatives to the current system (CMAJ, 2019). Baskin (2016) also emphasizes the impact of intergenerational trauma, lack of culturally appropriate resources, and systemic poverty, which create pathways to incarceration. Research also underscores the failure of initiatives like Gladue Reports to meaningfully reduce incarceration rates due to inconsistent application and systemic resistance (Monchalin, 2016).
Contributions of TRC, MMIWG, and UNDRIP
The Truth and Reconciliation Commission’s Call to Action 30 demands the elimination of Indigenous overrepresentation in custody and the development of culturally appropriate services. The National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) emphasizes systemic reform to address colonial violence in justice systems. Similarly, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) advocates for justice systems that align with Indigenous traditions and governance, promoting self-determination and sovereignty (Porter, 2016; TRC, 2015).
Current Decolonizing Practices
Decolonizing efforts include initiatives such as healing lodges, community-run Indigenous patrols, and restorative justice programs. Healing lodges aim to provide culturally grounded support for Indigenous offenders but remain underfunded and inaccessible to many regions (Monchalin, 2016). Indigenous patrols, such as those discussed in Australia, serve as a model for reducing interactions between marginalized groups and state police, focusing on safety and cultural authority (Porter, 2016). Gladue Courts and sentencing circles represent attempts to incorporate restorative justice, though their success is hindered by limited resources and inconsistent implementation (Skolnik, 2022).
Barriers to Decolonization
Barriers to decolonization include systemic racism, lack of funding for Indigenous-led programs, and the deeply entrenched punitive framework of the Canadian justice system. The criminal justice system continues to prioritize incarceration over community-based interventions, perpetuating disparities (Monchalin, 2016). A lack of sustained political will and overreliance on incarceration exacerbate these disparities (CMAJ, 2019). Furthermore, the cultural misunderstanding of Indigenous practices within the system reinforces inequality, while tokenistic measures like indigenization fail to address the root causes of overrepresentation (Monchalin, 2016; Porter, 2016). This highlights the need for comprehensive systemic reform and the inclusion of Indigenous knowledge and governance in justice practices to dismantle the colonial structures perpetuating inequality.
Future:
Practicing Decolonization in Social Work
Decolonizing social work practice requires grounding efforts in building relationships, knowledge, and understanding (Baskin, 2016). Moving forward, I intend to integrate frameworks like Critical Race Theory (CRT) into my social work practice, as it emphasizes the systemic nature of racial inequities and challenges oppressive structures (Jones, 2022). CRT resonates with me because it critiques the embeddedness of racism within social institutions, including the criminal justice system, and provides tools for systemic advocacy and reform. Post-colonial theory also complements CRT by examining how colonization has impacted Indigenous peoples and how resistance can dismantle oppressive systems (Baskin, 2016).
Additionally, I am inspired by Indigenous worldviews that prioritize relational accountability, community healing, and interconnectedness. These perspectives remind me to approach social work with humility and a focus on collaboration, ensuring that the needs and voices of Indigenous communities take precedence in shaping solutions (Baskin, 2016).
To walk beside Indigenous communities effectively, I must commit to learning before acting (Baskin, 2016). This involves spending time understanding Indigenous histories, cultural practices, and governance systems. By participating in knowledge-sharing circles, seeking guidance from Elders, and engaging with community-led initiatives, I can deepen my understanding and strengthen my ability to serve as an effective ally (Monchalin, 2016).
Practicing Decolonization and Growing as an Ally
To decolonize my practice, I must first commit to ongoing learning and unlearning. Spending time with Indigenous knowledge keepers and Elders, participating in cultural ceremonies (with consent), and engaging with Indigenous scholars will deepen my understanding of Indigenous ways of knowing and being (Baskin, 2016). Building trust and relational accountability requires centring Indigenous voices and ensuring that their goals and priorities drive the work.
As an ally, I will advocate for systemic change by:
- Supporting community-led initiatives that address social determinants of incarceration, such as poverty, mental health, and housing disparities (Porter, 2016).
- Promoting culturally grounded alternatives to incarceration, such as healing lodges and restorative justice programs (Porter, 2016).
- Challenging systemic racism within institutions, drawing on CRT to address the embedded nature of racial and colonial oppression in social work and justice systems (Jones, 2022).
By grounding my work in CRT and Indigenous knowledge systems, I aim to contribute to systemic change, ensuring that social work practice aligns with the principles of equity, justice, and self-determination for all communities (CASW, 2024).
Conclusion
Thoughts on Findings
Through this exploration, I have deepened my understanding of how systemic racism and colonial legacies have led to the overrepresentation of Indigenous and Black people in Canadian prisons. Historical policies, such as the Indian Act and racial profiling practices, continue to perpetuate inequities in the criminal justice system (Monchalin, 2016). Skolnik (2022) argues that mandatory minimum sentences should be abolished, as they exacerbate the over-representation of Indigenous and racialized individuals in the criminal justice system. Judges must consider the Gladue principles when sentencing Indigenous defendants.
These present frameworks, such as Gladue principles and restorative justice initiatives, offer promising alternatives but face systemic barriers to full implementation (Porter, 2016). These findings emphasize the urgent need to decolonize social work in order to address systemic inequities. Social workers must raise awareness about the overrepresentation of Indigenous peoples and advocate for Indigenous sovereignty, and restorative justice, prioritizing culturally grounded, community-led solutions.
Written by Benjamin Baah Nketiah in fulfilment of an academic work.
Acknowledgement:
This paper was completed on the traditional lands of the Tk’emlúps te Secwépemc (Kamloops campus) within Secwepemcúl’ecw, the traditional and unceded territory of the Secwépemc people. A place where I have found my passion for advocacy.
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