Current Reality
Dec. 17, 2021: APTN – Ivan Zinger, the Correctional Investigator issued a report indicating that incarceration rates for Indigenous people on federal prisons has increased to 32% and almost 50% for Indigenous women despite only composing less than 5% of the population in Canada
Office of the Correctional Investigator. Government of Canada.
April 19, 2021: Budget 2021 invests $992.8M in three program areas:
- MMIWG: $57M over 5 years “to enhance supports for Indigenous women’s and 2SLGBTQQIA+ organizations and implement monitoring programs
- Indigenous Policing and Community Safety Services ($861 over 5 years)
- Access to Justice services ($74.8M over 3 years)
PLUS
- Violence Prevention Strategy from 2020 Fall Economic Statement: $781.5M over 5 years
Other funds allocated to MMIWG initiatives are actually already allocated to other program areas including:
- Health and Wellness: $139.2M
- Language and Culture: $453M
Jan. 21, 2020: Toronto Star – The same urgent calls to action are raised in the final reports of the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG), as well as two recent parliamentary committee studies on Indigenous peoples in the criminal justice system. These bodies have called upon the federal government to implement measures recommended by the Office including:
- Transfer resources and responsibility to Indigenous groups and communities for the care, custody and supervision of Indigenous offenders.
- Appoint a Deputy Commissioner for Indigenous Corrections.
Increase access and availability of culturally relevant correctional programming.
- Clarify and enhance the role of Indigenous elders.
- Improve engagement with Indigenous communities and enhance their capacity to provide reintegration services.
- Enhance access to screening, diagnosis and treatment of Indigenous offenders affected by Fetal Alcohol Spectrum Disorder.
- Develop assessment and classification tools responsive to the needs and realities of Indigenous people caught up in the criminal justice system.
As Dr. Ivan Zinger, the correctional investigator concluded: “It is not acceptable that Indigenous people in this country experience incarceration rates that are six to seven times higher than the national average. Bold and urgent action is required to address one of Canada’s most persistent and pressing human rights issues.”
https://www.oci-bec.gc.ca/cnt/comm/press/press20200121-eng.aspx
0/21 CTAs have been completed to date
25
Affirm independence of RCMP from government civil litigation
Stalled
26
Review and amend their respective Statutes of Limitations
Not Started
27
Ensure lawyers receive cultural competency and Indigenous rights training
In Progress
28
Mandatory law school course on Aboriginal people and the law
In Progress
29
Residential School Settlement Agreements for those excluded from the TRC process
Stalled
30
Commit to eliminate overrepresentation of Aboriginal people in custody
Stalled
31
Provide stable funding to implement alternatives to imprisonment
In Progress
32
Amend Criminal Code to depart from mandatory minimum sentences
Stalled
33
Develop culturally relevant FASD prevention program
In Progress
34
Reform criminal justice system to address needs of people with FASD
Not Started
35
Eliminate barriers to creation of new Aboriginal healing lodges
In Progress
36
Deliver culturally relevant services to inmates on social issues
In Progress
37
Provide more supports for Aboriginal programs in halfway houses
In Progress
38
Commit to eliminate overrepresentation of Aboriginal youth in jail
In Progress
39
Develop national plan to publish data on Indigenous criminal victimization
In Progress
40
Create funded and accessible Indigenous-specific victim programs
In Progress
41
Appoint public inquiry into MMIWG
Stalled
42
Commit to recognize and implement Aboriginal Justice Systems
Not Started
50
Fund establishment of Indigenous law institutes
In Progress
51
Publish legal opinions on scope and extent of Aboriginal and Treaty rights
Not Started
52
Adopt “acceptance and burden of proof” principles on Aboriginal claims
Not Started
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