WE RECOMMEND THAT CANADA:

1. Shift funding from Correctional Service Canada to Indigenous governments and organizations inthe amount of $1 billion each year, representing the approximate amount of money CSC receives to incarcerate Indigenous people, with the goal of significantly reducing the number of Indigenous people in prison and supporting autonomous Indigenous-run alternatives to incarceration, as well as independent and autonomous Indigenous services for Indigenous people in prison and on conditional release.
2. Negotiate with Indigenous governments on a nation-to-nation basis to ensure ample funding to respond to harm, including restorative justice and diversion programs, and other approaches.
3. End the delegation of powers from the Minister of Public Safety to CSC to negotiate and decide admission criteria and other requirements for Corrections and Conditional Release Act s 81 agreements. Admission criteria and other requirements should be decided by the s 81 agreement holder, and Indigenous governments and organizations as per recommendation 4 below.
4. Fund Indigenous governments and organizations to develop, structure and administer:
   • independent Indigenous services for Indigenous people under the supervision of Correctional Service Canada in the community or in the custody of Correctional Service Canada; and
   • Corrections and Conditional Release Act s 81 alternatives to prison
   • In accordance with the principles of self-determination and UNDRIP, Indigenous governments and organizations should determine how best to coordinate the administration of Independent Indigenous services and s 81 agreements.
5. Work with Indigenous governments and organizations to determine how autonomous in-reach services to people in CSC prisons should be structured. Independent in-reach services should be based on respect for self-determination and be distinctions-based. The ultimate goal should be the decarceration of Indigenous people.
6. Ensure that Indigenous Peoples have autonomy and control over the spaces where Indigenous people live and participate in programs and ceremonies, within prisons. There should be no routine presence of correctional officers in these areas. Officers should only come into a unit, program or ceremony space if Elders or other Indigenous staff call them in for assistance. Indigenous people in prison should have the right to have an Indigenous witness present whenever they are required to be with correctional officers.
7. Arrange training for CSC staff to understand the new relationship of equality, respect and authority of Indigenous partners.
8. Implement a policy of zero tolerance for obstructionism of Independent Indigenous in-reach providers.
9. Enter into agreements with Indigenous governments and organizations to share information regarding when Indigenous people enter the criminal legal system and when they may be, or are, moved within the system. Make any necessary legislative amendments as may be necessary to ensure information sharing occurs.
10. Work with Indigenous governments and organizations to reform the Corrections and Conditional Release Act s 84 process based on respect for self-determination. Ensure that Indigenous governments, organizations and communities are reasonably compensated for the costs of providing community supervision.
11. Implement independent health services in prisons, which include independent Indigenous healing services.
12. Ratify the optional protocol of the Convention Against Torture.
13. Establish a public national inquiry, in collaboration with Indigenous governments and organizations, toacknowledge the colonial harms of prisons, and provide reparations for these harms.
14. We recommend that Canada introduce legislation that would require the de novo review of the sentences of Indigenous people who did not have the benefit of a Gladue report, or who apply for review based on the maladministration of their sentences, regardless of whether or not they have exhausted appeals with the power to reduce a person’s sentence. Reviews should include consideration of Gladue factors as well CSC’s administration of the person’s sentence to date.
15. Amend s 18 of the Corrections and Conditional Release Regulations as follows: For the purposes of section 30 of the Act, an inmate shall be classified as
    • maximum security where the inmate is assessed by the Service as
      • presenting a high probability of escape and a high risk to the safety of the public in the event ofescape, or
      • requiring a high degree of supervision and control within the penitentiary presenting a high risk to the safety of staff or offenders within the penitentiary
    • medium security where the inmate is assessed by the Service as
      • presenting a low to moderate probability of escape and a moderate risk to the safety of the publicin the event of escape, or
      • requiring a moderate degree of supervision and control within the penitentiary presenting a moderate risk to the safety of staff or offenders within the penitentiary; and
    • minimum security where the inmate is assessed by the Service as
      • presenting a low probability of escape and a low risk to the safety of the public in the event of escape, and
      • requiring a low degree of supervision and control within the penitentiary presenting a low risk to the safety of staff or offenders within the penitentiary.

WE RECOMMEND THAT THE PAROLE BOARD OF CANADA:

16. Work with Indigenous governments and organizations to reform parole hearings and the decision- making process to respect Indigenous Peoples’ rights to self-determination. This would likely require changes to legislation.

WE RECOMMEND THAT PROVINCES AND TERRITORIES:

17. Negotiate with Indigenous governments, based on the right to self-determination of Indigenous Peoples, to support and ensure ample funding for Indigenous courts that incorporate Indigenous laws and traditions in their operation and decision-making. People should not be required to plead or be found guilty to charges to be able to access Indigenous courts. Elders who work in Indigenous courts must be fairly compensated.

WE RECOMMEND THAT THE CORRECTIONAL SERVICE CANADA:

18. Acknowledge the harms prison has caused and continues to cause Indigenous Peoples, listen to Indigenous experts, including Indigneous people in prison and those who work with Indigenous people involved in the criminal legal system, and support Indigenous Peoples’ rights to self-determination.
We recommend that the Correctional Service Canada support the implementation of the other recommendations contained in this report.