Cummunity Correction Aboriginal Justice Strategy Programs

How do Aboriginal Justice Strategy Programs such as Healing Lodges address the Social Problem of Over-representation of Young Aboriginal Offenders in Canada’s Criminal Justice System?
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Over-incarceration of Aboriginal offenders in correctional institutions in the justice system is a chronic problem in Canada. It is undoubted that the Aboriginals are so vastly over-represented in the country’s correctional system that the existing policies are failing them. Government figures, which are usually intentionally made to be low, indicate that about 10 percent of the Federal prison population is Aboriginal offenders. About 13 percent of female prisoners are Aboriginal women. This is surprising statistics because the Aboriginal population in Canada is about 4 percent of the overall population of the country. This research paper seeks to determine whether or not Aboriginal Justice Strategy Programs address the social problem in the Canadian criminal justice system. The identified social problem is the over-representation of Aboriginals in the Canadian prison system. Focusing on this social problem, this paper will look into how one specific community corrections program has been used to help address the identified social problem. The specific program is Aboriginal Healing Lodges.
Research Question
How do Aboriginal Justice Strategy Programs such as Healing Lodges address the Social Problem of Over-representation of Young Aboriginal Offenders in Canada’s Criminal Justice System?
In 2006 the estimates indicated that the rates of incarceration were 1,024 per 100,000 Aboriginal people compared to 117 per 100,000 non-Aboriginal persons (Correctional Service Canada, 2014). Aboriginal persons are denied parole in large numbers compared to non-Aboriginal people. The Aboriginal people are over-classified for high security classification resulting in them being denied required rehabilitation programs and parole. Investigations of the correctional system by Howard Sapers found out that there exists a systemic discrimination against Aboriginal offenders in parole and security classifications. Aboriginals have a special kind of considerations in the justice system. Defense counsels get multiple challenges when they are not from Aboriginal communities. The counselors may misidentify, misinterpret or basically miss the significance of cultural commonalities. The situation can seriously affect quality of legal representations afforded to the Aboriginal offenders.
There are a number of programs that are targeted at Aboriginal people that offer alternatives to access justice. Improvements in access to justice programs have been realized because the mandates of the Aboriginal Justice Strategy (AJS) were enhanced and expanded. There is greater access to and participation in the justice programs. Funding of such programs has not been adequate making it difficult to launch new programs and to maintain effectiveness of available programs. The AJS is a major part of the response to the fact that a large number of Aboriginal persons find the law conflicting with them. The problem has been documented by the Correctional Investigator who found out that the number of Aboriginal people in correctional institutions is almost 10 times higher than the rate for non-Aboriginal people. Statistics show that Aboriginals account for 18% of the Federal prison population, though they are just 3% of the population of Canada (Correctional Service Canada, 2014). This is estimated at 1,024 Aboriginal persons per 100,000 adults giving incarceration rate for non-Aboriginal people as 117 persons per 100,000 adults.
A number of past studies have documented the relationships between Aboriginal people and the justice system. According to Royal Commission on Aboriginal Peoples the Canadian criminal justice system failed the Aboriginal people of Canada. The main reason for this failure was different world views between Aboriginal and non-Aboriginal persons regarding substantive contents of justice and processes of achieving that justice. The Supreme Court of Canada reiterated the impacts of maintaining Aboriginal offenders in the justice system which has failed in offering them a service or rehabilitation. It noted that it is not surprising to see the excessive imprisonment of the Aboriginal persons as testimony of their estrangement to the justice system. The court noted biases and racism towards Aboriginal people, which has led to their discrimination in the justice system. The findings recognize the gravity of the issue and the need for interventions to address the problem. Aboriginal Justice Strategy programs are one way in which the problem is being addressed.
The Youth Criminal Justice Act has provisions that sentencing of young offenders, especially Aboriginal youth should consider alternative sentences. It creates presumptions that measures apart from court should be pursued for first non-violent offences. This fosters victim, family, and community participation and seeks rehabilitation and reintegration of young offenders. The Aboriginal communities advocate for restorative justice method.
Young Aboriginal people are over-represented in prisons. They are about 6 times their number in general population (Correctional Service Canada, 2014). Differences exist between Aboriginal offenders and other young offenders. The peculiarities of Aboriginal young offenders affect each step of the court processes, from before first appearances to the reading of the sentence. Defense counsel needs to take into consideration of young the level of understanding as well as level of education, family/community support. In case they use drugs or alcohol, be it Fetal Alcohol Syndrome or Fetal Alcohol Effect, his/her nature other motivations or initiatives, be it that his/her family underwent the residential school systems, and the environment in which the young persons’ live.
Most of the Aboriginal young offenders get referrals to defense counsels by the Legal Services Society through legal aid programs. The counsels are required to examine details within the referrals and in disclosures to ascertain whether or not the client is Aboriginal offender. The disclosure is given to the Aboriginal young person soonest so as to give time for the offender to peruse the documents or to be assisted by someone to go through them. The Counsel determines the level of intricacy and exposure to modernity, and cautions against providing a statement to police.
Defense counsels need to get details of the families of the Aboriginal client as well as their homes, education, health, hobby, culture and friends. The Counsel needs to take into consideration of cultural difference in communication and must not conclude negatively since the Aboriginal person’s hesitancy in making eye contacts or answering questions by giving many details. The Counsel should understand these signs as those of respect, and not of absence of credibility. The Counsel is required to determine the nature of family and community support that are existing for the offenders.
Consideration for alternative justice occurs at the sentencing stage. It may include community work in which case the work is clear and target community is well-defined. Defense counsel can find alternatives of restorative justice within cities. Counsel can also suggest creative, non-custodial sentences. Such alternatives like sentencing cycles are common within Aboriginal communities.
Community Corrections Program: Aboriginal Healing Lodges
To address the social problem of the over-representation of Aboriginals in the Canadian prison system, one effective community corrections program is the use of healing lodges. Aboriginal healing lodges refer to correctional institutions in which Aboriginal beliefs, traditions and values are used in designing programs and services for the Aboriginal offenders (Milward, 2008). The Aboriginal concepts of reconciliation and justice are included in these lodges. The approach to corrections is spiritual and holistic, and some of the programs offered in the healing lodges include support and guidance from Aboriginal communities and community elders (Correctional Service Canada, 2018). Aboriginal healing lodges are of great importance in addressing the social problem of high Aboriginal incarceration rates. These lodges are founded upon the culture of Aboriginals and most of the staffs ...