Indigenous Experiences

In Canada, a country that prides itself on its multiculturalism and kindness, the legacy of colonialism and systemic discrimination on the Indigenous population has led to intergenerational trauma, notable overrepresentation in the Criminal Justice System, and unique experiences. Significantly, the lasting influence of residential schools led to the eventual erosion of Indigenous traditions, networks, cultures, and communities. Students were often just violently and randomly taken from their homes and families. They were to then be placed into these schools with strict levels for obedience without explanations, where complaints or misbehavior lead to more harm. These places were often sites of physical, sexual, verbal, and mental abuse by all levels of staff. The racist and discriminatory education programs centered around Christian values, and deemed Indigenous identities or ways of knowing as “not good enough" (Perry, 2022, p. 58-59). Other forms of assimilation were revealed in the 60s Scoop, where there was the forced adoption of Indigenous youth into White, Christian families. Day Schools allowed students to remain in their communities and go home to their families in the evening, but were similarly still sites of abuse, disease or accidents, killing hundreds of students. Along with the removal from their families and homes, Indigenous peoples faced mental health disorders such as depression and anxiety, and felt that the state’s lack of acceptance for their lifestyles was a direct rejection to their personhood and humanity (Perry, 2022, p. 58). 

The intersecting impacts of intergenerational trauma, prejudice, ongoing explicit or implicit discrimination, negative identity perceptions, and societal bias all fall into affecting Indigenous life today. There is a huge disproportionate overrepresentation of the Indigenous population in the Canadian Criminal Justice System. Indigenous peoples represented around 5% of the population, but comprised around 30% of the populations of federally sentenced inmates (Perry, 2022, p. 60). There are various explanations for the overrepresentation, especially when thinking about the differences in criminal justice processing and racial discrimination, as well as the considerations of differential policy impacts on Indigenous populations due to socio-economic factors (Perry, 2022, p. 60 & 67). The perpetual effects of racial discrimination and bias, as seen among every minority group, manifests into the unfair and inequitable criminalization of such populations. 

Restorative justice and sentencing circle practices have been established in attempt to overcome the mass overrepresentation, recidivism, and unfairness, however, these initiatives have faced scrutiny. There is concern if such methods are effective and if real change is made or if there is a risk of revictimization in certain cases (Perry, 2022, p. 68-71). Another practice that was implemented to more effectively recognize the cycle of systemic discrimination and overrepresentation was with the Gladue report. The Gladue report and Gladue factors provided information into the individual’s family history and specific experiences. This allowed the courts to consider the unique backgrounds and circumstances of Indigenous peoples, which may have led to their involvement with the courts (Perry, 2022, p. 64). The Gladue reports hoped to spark more culturally appropriate alternatives to offenders, but remained not as effective in curbing overrepresentation. It did not successfully reach the aim due to other policies already in place such as the presentence reports or over policing and discriminatory police practices. 

As there are various issues surrounding the discriminatory experiences that the Indigenous population faces, it is important to highlight the need for social justice, in respecting treaties, improving living conditions on reserves, and working with the community themselves to raise awareness, forgiveness, and healthy Canadians (Perry, 2022, p. 72). The intersectionality between multiple factors in a vicious cycle, such as the traumatic impacts of residential schooling and the breaking of communities, leading to lack of “good” parenting skills, dysfunctional families, and coping mechanisms of substance abuse or mental health issues, reinforce the continuous involvement with the system. Although there is already a move towards some acknowledgement and change, some actions so far seem to just “check a box” such as land acknowledgements or apologies from the government and the Pope. There is minimal real acknowledgement of the pervasive root issues. There needs to be a greater balance of power, along with collaboration and respect for both and all parties, where the goal should be to aim for social justice and equity for all Canadians. 

References: Perry, B. (2022). Diversity, Crime, and Justice in Canada (3rd Edition). Oxford University Press.