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Indigenous Youth & the Canadian
Criminal Justice System
Workshop presented by: Kaitlyn Nenke, Derek Mcintosh, Kenzie Kyc, Regan Bryant, Sophie Gurdon, Tianna
Thomas-Joseph
Land
Acknowledgement
We acknowledge that we are on
the homeland of the
Mississauga (Michi Saagiig)
Anishnaabeg. We honour those
who were here before us and
who share their land with us
now. We acknowledge the
injustices that Indigenous
peoples have been subjected to
and we continue to work
towards supporting Indigenous
healing and reconciliation.
Positioning Ourselves
Consider,
● Who am I?
● What is my social location? (oppressions and
privileges)
● What are my values?
● Where am I from? (geographic and ancestry)
● (Calderwood, 2023)
Indigenous youth
incarceration statistics
● Indigenous youth accounted for one-half
(50%) of youth admissions to custody in
2020/2021, while representing about 8% of
the youth population.
● Male Indigenous youth represented 48% of
youth male admissions to custody, while
female Indigenous youth represented 62%
of youth female admissions to custody.
(Statistics Canada, 2022)
● In 2017/2018, Indigenous youth (aged 12-
17) made up 43% of admissions to
correctional services in the nine reporting
jurisdictions, while representing about 8%
of the Canadian youth population.
(Government of Canada, 2019)
Indigenous over-incarceration (2023)
● Ten Years Since Spirit Matters report done by Correctional Investigator Ivan Zinger
● Something Zinger has talked about every year, “ I am deeply frustrated and disappointed each time I
report on reaching or surpassing yet another sad milestone.” (para. 5)
● The original Spirit Matters report was presented to Parliament 10 years ago which at the time
Indigenous people represented 25% of those incarcerated but now it is 32%
● Meeting conclusion: direct links to lack of needs being met, especially in health, education and
wellness
● Systematic Racism ↑
● Other key points: elders are undervalued by Correctional
Service Canada, the CSC is treating every Indigenous
person the same instead of acknowledging every different
tribe, and state-run healing lodges are being given all the
support instead of more Indigenous and community run
healing lodges
(Forester, 2023)
94 Calls to Action
● TRC Calls to Action #38 (JUSTICE): “We call
upon the federal, provincial, territorial, and
Aboriginal governments to commit to
eliminating the overrepresentation of
Aboriginal youth in custody over the next
decade.” (2015)
● June, 2015
● Only 17 completed (Sinclair, 2022)
Cultural Humility &
Safety
● Cultural humility: I don’t know about your lived experience
but I want to learn and know your barrier, Dealing with
oppressions and systematic barriers (unique to this person)
(Pirnasar, 2022)
● Cultural safety: Fostering identity, Create a safe space where
one feels like the can talk about their identity (otherwise can
feel unsupported, shame, blocking relationship growth),
Avoiding biases – facial expression, body language (Pirnasar,
2022)
● Cultural competency: Surface level, Don’t know lived
experiences, General understanding, Can’t stop here - a
forever process (Pirnasar, 2022)
● Educators: be curious, a forever journey, apply the principles
of each definition into conversation, attitudes, intervention,
assessment, and any other applicable and appropriate space
Why do Educators Need to
be Aware?
● Everyone Should be Aware!
● Educators work closely with our youth of many different
heritages and should be aware of resources to help
Indigenous youth who often slip through the cracks of our
systems
● Educators work with youth and their families and together
build a cohesive system of support for their children.
Families often look to our educators for support and it is
essential we are able to give them culturally appropriate
resources - this is especially relevant for indigenous
youth who are often subjected to crime, violence, poverty,
and substance abuse. A solid support system is a
preventative measure towards criminal activity
● Understanding the importance of respecting/inclusion of
Indigenous culture in indigenous youths lives as an effort
to decolonize & in result directing youth away from the
CJS - since overrepresentation is a direct result of
colonization - it’s important to acknowledge heritage as it
is a key part of identity for Indigenous individuals
● Cultural humility and safety - to practice this we have to
be aware, be curious, and continue to learn
Glaude Principle s. 718.2(e)
•Gladue puts courts in the position of determining the relevant
background and systemic circumstances of Indigenous offenders. In
other words, using Indigenous identity in sentencing means that courts
are constructing Indigenous identity in law.
•Gladue Report provides “culturally situated information which places the
offender in a broader socio-historical context… and reframes the
offender’s risks/need by holistically positioning the individual as part of a
community and as a product of many experiences”
(Government of Canada, n.d.)
Indigenous Peoples Perspective on Gladue
• Indigenous peoples see Glaude Principle as ineffective and inconsistently
applied
•Because:
•Most courts ignore Gladue Judges, parole officers and others within the
criminal law system poorly understand what systemic discrimination is
•Are not enough Gladue writers
•Some do not even know that this principle is an option
(Native Women's Association of Canada , n.d.)
Healing Lodges
● Culturally appropriate services and programs
to offenders that are Indigenous to incorporate
their values, beliefs, interventions, Elders,
ceremonies
● Goal is to address factors the factors that
have led to incarceration and reintegration into
society
● Before be transferred must meet criteria out of
the Guidelines 710-2-1 CRA Section 81:
Admission and Transfer of Offenders
○ Minimum or medium security
○ Willing to continue healing journey while
being committed to correctional plan
○ Respect healing lodge philosophy
Offenders do not have to be Indigenous but must
follow Indigenous programming and spirituality
(Correctional Service Canada, n.d.)
Sharing Circles
● Thoughts and feelings related to a
specific topic
● Build relationship
● Connect with on deeper level
● Material is passed around to indicate
who can speak
● Help gain insight and reflection of
feelings within
(Hart & Anthony, 2005)
Healing Circles
● Uncover strengths and gifts
● Heal the effects of painful childhood
experiences
● Develop a greater sense of overall well-
being
● Transform wounds into wisdom
● Clear energy blocks from the mind and body
● Restore emotional balance and mental
harmony
● Access higher levels of consciousness
● Disconnect from negative emotional states
● The transition from grief and loss to peace
and joy
(Hart & Anthony, 2005)
Indigenous Resources
● Nogojiwanong Friendship Centre
Nogojiwanong Friendship (nogofc.ca)
● Truth and Reconciliation Commission: 94
Calls To Action
calls_to_action_english2.pdf (gov.bc.ca)
● First Nations Child and Family Caring
Society About Us | First Nations Child &
Family Caring Society
(fncaringsociety.com)
References
● Correctional Service Canada. (n.d.). Indigenous healing lodges. Retrieved from Government of Canada: https://www.csc-
scc.gc.ca/002/003/002003-2000-en.shtml
● Lady Justice Illustration, Photo Retrieved from criminal youth justice system clip art no background - Search Images (bing.com) on
October 26, 2023
● Trees Lake, Photo Retrieved from trees and lake vertical photo - Search Images (bing.com) on October 26, 2023
● **Cite Kim’s Powerpoint for Week 1 (SWRK 3003)
● Trent University, Photo Retrieved from Trent University durham - Search Images (bing.com) on October 26, 2023
● Our Spaces - FPHL - Trent University, Photo Retrieved from trent university tipi - Search Images (bing.com) on October 26, 2023
● Galla, S. (n.d.). HEALING CIRCLES: ALL YOU NEED TO KNOW ABOUT HEALING CIRCLES. Retrieved from Men's Group:
https://mensgroup.com/healing-circles/
● Global Education Part 1: Who is incharge?! Photo Retrieved from education - Search Images (bing.com), on November 7, 2023
● Hart, M. A., & Anthony, M. (2005). Deepening Our Understanding: Talking with Conductors of Sharing Circles Circles . In Seeking Mino-
Pimatisiwin: An Aboriginal approach to helping (pp. 78–133). essay, Fernwood Publ.
● Hart, M. A., & Anthony, M. (2005). Deepening Our Understanding: Talking with Conductors of Sharing Circles Circles . In Seeking Mino-
Pimatisiwin: An Aboriginal approach to helping (pp. 107–117). essay, Fernwood Publ.
● Tobacco offering, photo retrieved from tobacco offering to spirits - Search Images (bing.com) on November 7, 2023
● Sinclair, D. (2022, April 26). How many of the TRC calls to action are complete? don’t ask the Federal Government. Indigenous Watchdog.
https://www.indigenouswatchdog.org/2022/04/26/how-many-of-the-trc-calls-to-action-are-complete-dont-ask-the-federal-government/
● Truth and reconciliation commission of canada: Calls to action. gov.bc.ca. (2015). https://www2.gov.bc.ca/assets/gov/british-columbians-our-
governments/indigenous-people/aboriginal-peoples-documents/calls_to_action_english2.pdf
References cont…
● Government of Canada. (2019). Indigenous overrepresentation in the criminal justice system. Retrieved from
https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2019/may01.html
● Government of Canada. (n.d.). Spotlight on Gladue: Challenges, Experiences, and Possibilities in Canada’s Criminal Justice
System. Retrieved from https://www.justice.gc.ca/eng/rp-
pr/jr/gladue/p3.html#:~:text=Gladue%20requires%20sentencing%20judges%20to,718.2(e).
● Statistics Canada. (2022). Adult and youth correctional statistics, 2020/2021. Retrieved from
https://www150.statcan.gc.ca/n1/daily-quotidien/220420/dq220420c-eng.html
● Forester, B. (2023). 'A national travesty:' Prison watchdog urges reform to tackle Indigenous over-incarceration.
Retrieved from https://www.cbc.ca/news/ indigenous/correctional-investigator-indigenous-special-report-2023-
1.7015596
● Correctional Service of Canada, Communications. https://www.csc-scc.gc.ca/aboriginal/002003-2000-en.shtml
● Native Women's Association of Canada . (n.d.). What is Gladue? Retrieved from https://nwac.ca/assets-knowledge-
centre/What-Is-Gladue.pdf
● Truth and ReconciliACTION: the 94 calls to action, photo from 94 calls to action - Bing images, retrieved on
November 14, 2023
● Q4, Photo retrieved from education - Bing images, on November 14, 2023
● Pirnasar, M. (2022). Holistic Approaches: Land, Wellness, Positive Identity. Lecture, Oshawa.
● Calderwood, K. (2023). Welcome, Introductions & Linking ways of knowing. Oshawa; Trent University.

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Over Representation of Indigenous Youth in the Criminal Justice System

  • 1. Indigenous Youth & the Canadian Criminal Justice System Workshop presented by: Kaitlyn Nenke, Derek Mcintosh, Kenzie Kyc, Regan Bryant, Sophie Gurdon, Tianna Thomas-Joseph
  • 2. Land Acknowledgement We acknowledge that we are on the homeland of the Mississauga (Michi Saagiig) Anishnaabeg. We honour those who were here before us and who share their land with us now. We acknowledge the injustices that Indigenous peoples have been subjected to and we continue to work towards supporting Indigenous healing and reconciliation.
  • 3. Positioning Ourselves Consider, ● Who am I? ● What is my social location? (oppressions and privileges) ● What are my values? ● Where am I from? (geographic and ancestry) ● (Calderwood, 2023)
  • 4. Indigenous youth incarceration statistics ● Indigenous youth accounted for one-half (50%) of youth admissions to custody in 2020/2021, while representing about 8% of the youth population. ● Male Indigenous youth represented 48% of youth male admissions to custody, while female Indigenous youth represented 62% of youth female admissions to custody. (Statistics Canada, 2022) ● In 2017/2018, Indigenous youth (aged 12- 17) made up 43% of admissions to correctional services in the nine reporting jurisdictions, while representing about 8% of the Canadian youth population. (Government of Canada, 2019)
  • 5. Indigenous over-incarceration (2023) ● Ten Years Since Spirit Matters report done by Correctional Investigator Ivan Zinger ● Something Zinger has talked about every year, “ I am deeply frustrated and disappointed each time I report on reaching or surpassing yet another sad milestone.” (para. 5) ● The original Spirit Matters report was presented to Parliament 10 years ago which at the time Indigenous people represented 25% of those incarcerated but now it is 32% ● Meeting conclusion: direct links to lack of needs being met, especially in health, education and wellness ● Systematic Racism ↑ ● Other key points: elders are undervalued by Correctional Service Canada, the CSC is treating every Indigenous person the same instead of acknowledging every different tribe, and state-run healing lodges are being given all the support instead of more Indigenous and community run healing lodges (Forester, 2023)
  • 6. 94 Calls to Action ● TRC Calls to Action #38 (JUSTICE): “We call upon the federal, provincial, territorial, and Aboriginal governments to commit to eliminating the overrepresentation of Aboriginal youth in custody over the next decade.” (2015) ● June, 2015 ● Only 17 completed (Sinclair, 2022)
  • 7. Cultural Humility & Safety ● Cultural humility: I don’t know about your lived experience but I want to learn and know your barrier, Dealing with oppressions and systematic barriers (unique to this person) (Pirnasar, 2022) ● Cultural safety: Fostering identity, Create a safe space where one feels like the can talk about their identity (otherwise can feel unsupported, shame, blocking relationship growth), Avoiding biases – facial expression, body language (Pirnasar, 2022) ● Cultural competency: Surface level, Don’t know lived experiences, General understanding, Can’t stop here - a forever process (Pirnasar, 2022) ● Educators: be curious, a forever journey, apply the principles of each definition into conversation, attitudes, intervention, assessment, and any other applicable and appropriate space
  • 8. Why do Educators Need to be Aware? ● Everyone Should be Aware! ● Educators work closely with our youth of many different heritages and should be aware of resources to help Indigenous youth who often slip through the cracks of our systems ● Educators work with youth and their families and together build a cohesive system of support for their children. Families often look to our educators for support and it is essential we are able to give them culturally appropriate resources - this is especially relevant for indigenous youth who are often subjected to crime, violence, poverty, and substance abuse. A solid support system is a preventative measure towards criminal activity ● Understanding the importance of respecting/inclusion of Indigenous culture in indigenous youths lives as an effort to decolonize & in result directing youth away from the CJS - since overrepresentation is a direct result of colonization - it’s important to acknowledge heritage as it is a key part of identity for Indigenous individuals ● Cultural humility and safety - to practice this we have to be aware, be curious, and continue to learn
  • 9. Glaude Principle s. 718.2(e) •Gladue puts courts in the position of determining the relevant background and systemic circumstances of Indigenous offenders. In other words, using Indigenous identity in sentencing means that courts are constructing Indigenous identity in law. •Gladue Report provides “culturally situated information which places the offender in a broader socio-historical context… and reframes the offender’s risks/need by holistically positioning the individual as part of a community and as a product of many experiences” (Government of Canada, n.d.)
  • 10. Indigenous Peoples Perspective on Gladue • Indigenous peoples see Glaude Principle as ineffective and inconsistently applied •Because: •Most courts ignore Gladue Judges, parole officers and others within the criminal law system poorly understand what systemic discrimination is •Are not enough Gladue writers •Some do not even know that this principle is an option (Native Women's Association of Canada , n.d.)
  • 11. Healing Lodges ● Culturally appropriate services and programs to offenders that are Indigenous to incorporate their values, beliefs, interventions, Elders, ceremonies ● Goal is to address factors the factors that have led to incarceration and reintegration into society ● Before be transferred must meet criteria out of the Guidelines 710-2-1 CRA Section 81: Admission and Transfer of Offenders ○ Minimum or medium security ○ Willing to continue healing journey while being committed to correctional plan ○ Respect healing lodge philosophy Offenders do not have to be Indigenous but must follow Indigenous programming and spirituality (Correctional Service Canada, n.d.)
  • 12. Sharing Circles ● Thoughts and feelings related to a specific topic ● Build relationship ● Connect with on deeper level ● Material is passed around to indicate who can speak ● Help gain insight and reflection of feelings within (Hart & Anthony, 2005)
  • 13. Healing Circles ● Uncover strengths and gifts ● Heal the effects of painful childhood experiences ● Develop a greater sense of overall well- being ● Transform wounds into wisdom ● Clear energy blocks from the mind and body ● Restore emotional balance and mental harmony ● Access higher levels of consciousness ● Disconnect from negative emotional states ● The transition from grief and loss to peace and joy (Hart & Anthony, 2005)
  • 14. Indigenous Resources ● Nogojiwanong Friendship Centre Nogojiwanong Friendship (nogofc.ca) ● Truth and Reconciliation Commission: 94 Calls To Action calls_to_action_english2.pdf (gov.bc.ca) ● First Nations Child and Family Caring Society About Us | First Nations Child & Family Caring Society (fncaringsociety.com)
  • 15. References ● Correctional Service Canada. (n.d.). Indigenous healing lodges. Retrieved from Government of Canada: https://www.csc- scc.gc.ca/002/003/002003-2000-en.shtml ● Lady Justice Illustration, Photo Retrieved from criminal youth justice system clip art no background - Search Images (bing.com) on October 26, 2023 ● Trees Lake, Photo Retrieved from trees and lake vertical photo - Search Images (bing.com) on October 26, 2023 ● **Cite Kim’s Powerpoint for Week 1 (SWRK 3003) ● Trent University, Photo Retrieved from Trent University durham - Search Images (bing.com) on October 26, 2023 ● Our Spaces - FPHL - Trent University, Photo Retrieved from trent university tipi - Search Images (bing.com) on October 26, 2023 ● Galla, S. (n.d.). HEALING CIRCLES: ALL YOU NEED TO KNOW ABOUT HEALING CIRCLES. Retrieved from Men's Group: https://mensgroup.com/healing-circles/ ● Global Education Part 1: Who is incharge?! Photo Retrieved from education - Search Images (bing.com), on November 7, 2023 ● Hart, M. A., & Anthony, M. (2005). Deepening Our Understanding: Talking with Conductors of Sharing Circles Circles . In Seeking Mino- Pimatisiwin: An Aboriginal approach to helping (pp. 78–133). essay, Fernwood Publ. ● Hart, M. A., & Anthony, M. (2005). Deepening Our Understanding: Talking with Conductors of Sharing Circles Circles . In Seeking Mino- Pimatisiwin: An Aboriginal approach to helping (pp. 107–117). essay, Fernwood Publ. ● Tobacco offering, photo retrieved from tobacco offering to spirits - Search Images (bing.com) on November 7, 2023 ● Sinclair, D. (2022, April 26). How many of the TRC calls to action are complete? don’t ask the Federal Government. Indigenous Watchdog. https://www.indigenouswatchdog.org/2022/04/26/how-many-of-the-trc-calls-to-action-are-complete-dont-ask-the-federal-government/ ● Truth and reconciliation commission of canada: Calls to action. gov.bc.ca. (2015). https://www2.gov.bc.ca/assets/gov/british-columbians-our- governments/indigenous-people/aboriginal-peoples-documents/calls_to_action_english2.pdf
  • 16. References cont… ● Government of Canada. (2019). Indigenous overrepresentation in the criminal justice system. Retrieved from https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2019/may01.html ● Government of Canada. (n.d.). Spotlight on Gladue: Challenges, Experiences, and Possibilities in Canada’s Criminal Justice System. Retrieved from https://www.justice.gc.ca/eng/rp- pr/jr/gladue/p3.html#:~:text=Gladue%20requires%20sentencing%20judges%20to,718.2(e). ● Statistics Canada. (2022). Adult and youth correctional statistics, 2020/2021. Retrieved from https://www150.statcan.gc.ca/n1/daily-quotidien/220420/dq220420c-eng.html ● Forester, B. (2023). 'A national travesty:' Prison watchdog urges reform to tackle Indigenous over-incarceration. Retrieved from https://www.cbc.ca/news/ indigenous/correctional-investigator-indigenous-special-report-2023- 1.7015596 ● Correctional Service of Canada, Communications. https://www.csc-scc.gc.ca/aboriginal/002003-2000-en.shtml ● Native Women's Association of Canada . (n.d.). What is Gladue? Retrieved from https://nwac.ca/assets-knowledge- centre/What-Is-Gladue.pdf ● Truth and ReconciliACTION: the 94 calls to action, photo from 94 calls to action - Bing images, retrieved on November 14, 2023 ● Q4, Photo retrieved from education - Bing images, on November 14, 2023 ● Pirnasar, M. (2022). Holistic Approaches: Land, Wellness, Positive Identity. Lecture, Oshawa. ● Calderwood, K. (2023). Welcome, Introductions & Linking ways of knowing. Oshawa; Trent University.

Editor's Notes

  1. Intro: We will be discussing indigenous youth today so we avoid talking about how indigenous communities heal as it’s not our place to do so. With this we acknowledge each indigenous persons, family, community, and nation are unique and use their own methods of indigenous practice and healing, and it is not generalizable. Our goal here is to create consciousness raising of the over representation of indigenous youth in the Criminal Justice System and to share some resources with you all. We hope as educators you take this knowledge with you and utilize it in culturally appropriate situations.
  2. -(after 2nd point) these statistics are the most recent there is and these statistics do not include Quebec -(after saying the above) the most recent statistic that actually mentions Ontario -(after 3rd point) while there may have been more reporting jurisdictions in the 2020/2021 statistic, that fact that the percentage is almost the same, even though "more progression" has been made, cements even more how big of an issue this is
  3. -(before anything) Even though there are no newer statistics, a news report just came out on the matter. While this article doesn't just represent Indigenous youth incarceration, it talks about the over-representation of Indigenous people in prisons which does include Indigenous youth -(after 1st point) Correctional Investigator Ivan Zinger, the man in the picture, concluded his 2 year report with the obvious statement that over-representation of Indigenous people in correctional facilities is getting worse -(after 4th point) Zinger and other Indigenous leaders got together in a news conference meeting right after the report was released in Ottawa where they had come to the conclusion that the main reasoning for the over-representation is due to lack of needs and the systematic racism that Indigenous people face. Further discussion is made on how said systematic racism needs to dealt with before justice can be addressed
  4. Calls to action created by the TRC Calling upon the government for reconciliation
  5. Everyone should be aware! Work closely with our youth of many different heritages and should be aware of resources to help Indigenous youth who often slip through the cracks of our systems Educators work with youth and their families and together build a cohesive system of support for their children. Families often look to our educators for support and it is essential we are able to give them culturally appropriate resources - this is especially relevant for indigenous youth who are often subjected to crime, violence, poverty, and substance abuse. A solid support system is a preventative measure towards criminal activity Understanding the importance of respecting/inclusion of Indigenous culture in indigenous youths lives as an effort to decolonize & in result directing youth away from the CJS - since overrepresentation is a direct result of colonization - it’s important to acknowledge heritage as it is a key part of identity for Indigenous individuals Cultural humility and safety - to practice this we have to be aware, be curious, and continue to learn
  6. Text book
  7. Resource #1: Court worker program, working on an indigenous youth council, Early Years Program (with EarlyON), and more - we encourage you to explore the website! Resource #2: Was implemented by TRC and UNDRIP and it outlines 94 calls to action that the Canadian government needs to take in order to move towards reconciliation Resource #3: Includes the work of Cindy Blackstock (Gitksan Nation)(cite), a well-known Indigenous Social Worker and advocate. They are represented by “spirit bear” (on the right) which is a symbol for our justice indigenous youth.