PSYC 3402: Aboriginal Offenders

Contents

1. 1. Aboriginal Overrepresentation
   1. 1.1 Four Major Reasons for Overrepresentation
   2. 1.2 Two Major Root Causes for Overrepresentation
   3. 1.3 Attempts to Reduce Overrepresentation
2. 2. Recidivism and Risk Factors
3. 3. Canada’s Response to Aboriginal Treatment
   1. Healing Lodges
   2. Gladue Courts
4. 4. Will it never end?! – Overrepresentation

This post contains information from the book.

According to the most recent statistics, although Aboriginal people make up about 3% of the general population in Canada, Aboriginal offenders make up approximately 17% of federal prison inmates and currently represent about 12% of all offenders serving time in the community.

And pay particular attention to how “Aboriginal” is defined in the studies you read – it affects their samples.

1. Aboriginal Overrepresentation

Aboriginal Overrepresentation: there is a disproportionate amount of Aboriginal offenders in our prison population (3% of general population compared to 12-20% with community sentences and in provincial/federal prisons).

1.1 Four Major Reasons for Overrepresentation

1. Higher Offending Rates: generally accepted that they do have higher crime rates but we do have to question why (over-policing, police discretion, etc).
2. Tendency to Commit More Violent Crimes: they tend to commit crimes that result in more jail time (higher rates of violent crimes, especially on reserves, and serious sexual assault, as opposed to drug offences).
3. Socio-Economic Disadvantage of Aboriginal People: generally accepted that certain policies put Aboriginal offenders at a disadvantage because of their socio-economic status, such as defaulting on fines (you go to prison if you can’t pay).
4. Discrimination in the Criminal Justice System: there is disagreement for whether or not discrimination occurs…
   • Debate between systematic (system-wide policies and practices that are discriminatory, such as fine defaults or literacy requirements) versus overt (blatant discrimination).
   • There are signs of systematic discrimination, such as over-policing, access to lawyers, and the length of time in pre-trial.
   • Sentences for Aboriginal offenders tend to be shorter than for non-Aboriginal offenders, which suggest the CJS is not discriminatory.

1.2 Two Major Root Causes for Overrepresentation

Though the “reasons” may help to explain how Aboriginals are overrepresented, they don’t explain the real reasons why. Here are two major root causes:

1. Culture Clash: there are differences between Western and Aboriginal views of justice – somewhat addressed by allowing them to self-govern, providing Gladue courts, etc. Certain crimes aren’t considered criminal in their eyes. However, Aboriginal offenders tend to be “Westernized” so this doesn’t support the “Culture Clash” reason.
2. Colonialism: historically speaking, there was an attempt to wipe out the Aboriginal culture, through, for example, residential schooling where many Aboriginal youths were physically and sexually abused.

It’s tough to quantify the amount of impact these root causes have had on Aboriginal people. We have to address the issues of poverty, parenting, and substance abuse!!!

1.3 Attempts to Reduce Overrepresentation

We’ve attempted to reduce overrepresentation by creating First Nations police, appointing them to senior posts in the RCMP and OPP, by creating policies that ensure Aboriginal offenders are able to receive treatment that is culturally appropriate, and allowing them to serve sentences in Aboriginal communities.

2. Recidivism and Risk Factors

It’s generally accepted that Aboriginal offenders recidivate at a higher rate than non-Aboriginal offenders (at least at the federal level; no indication at the provincial level).

Research – Sioui and Thibault: they examined the recidivism rates of technical violations and new offences for offenders released on full or day parole, or statutory release from federal penitentiaries.

• Results: Across the board, more Aboriginals recidivated within 6 months of their release, but Bonta found non-significant differences in re-incarceration rates (after 1 year release) for provincial offenders.

Two Major Categories of Risk Factors:

1. Childhood Risk Factors: these include parental absence, alcohol abuse, behavioural and learning problems, unstable family home, family violence, transfers between foster/group homes… we’re not setting up these kids to do very well. Many suffer from FAS or FAE.
2. Adult Risk Factors: research suggests that Aboriginal and non-Aboriginal offenders have the same adult risk factors, which supports the use of the PIC-R, in that it’s culturally independent. That being said, research also shows that including Aboriginal-specific education and employment programs also showed a decrease in recidivism rates.
   • Offender Needs: research suggests that Aboriginal offenders tend to have higher Need ratings (except with respect to antisocial attitudes); because of this, it’s generally assumed that traditional programs won’t be as effective for Aboriginals… we have to provide culturally-relevant programs (ex: spiritual practices, sweat lodges (booyah) and Aboriginal literacy classes).

3. Canada’s Response to Aboriginal Treatment

Canada has responded by providing Aboriginal-specific treatment programs and Aboriginal specific courts.

Corrections and Conditional Release Act – Section 81: this section allows the Aboriginal community to take responsibility for overseeing Aboriginal offenders under certain conditions in order to respect their culture.

Healing Lodges: these lodges offer programs and services that reflect the Aboriginal culture in a space that incorporates their traditions and beliefs (ex: teachings, ceremonies, contact with Elders and nature). Emphasis is placed on community interaction, spiritual leadership and experienced staff members who act as role models. They are managed by either the CSC or the Aboriginal community.

• Effectiveness: there are few studies that examine the effectiveness of these lodges and existing results are mixed. It’s especially important to note that the primary goal for the Aboriginal community is to heal the offender and restore peace and harmony to the community, not reduce re-offending.
  There are three major types of studies (this is important for the exam):
  1. General Impact of Aboriginal Specific Treatment Programs: some research suggests that Aboriginal-specific treatment programs help program completion (thus decreasing recidivism).
     • Traditional healing methods are more effective than non-Aboriginal programs for treating Aboriginal sex offenders.
     • Elder involvement and participation in cultural and spiritual activities is associated with decreases in recidivism.
     • Aboriginal offenders report being more comfortable with Aboriginal staff and they (the staff) are viewed as more trustworthy.
  2. Surveys Focusing on the Views of Offenders: surveys indicate that healing lodges are viewed in a positive light and should reduce recidivism; offenders were more likely to participate in cultural activities at the lodge because the staff was viewed as less judgmental and more attentive than institutional staff. The culturally-specific programs also helped the offenders trust people, stay out of trouble and deal more positively with their problems.
  3. Research that has Examined Recidivism Rates upon Leaving Healing Lodges: actual research suggests that the recidivism rates vary widely across healing lodges and offenders at these lodges are assessed as being higher risk than those in minimum security. Upon release, there were significantly higher amounts of offenders re-admitted to federal facility (as compared to those released from minimum security).

Gladue Courts: these are courts designed specifically for Aboriginal offenders, which were created in response to the overrepresentation of Aboriginal offenders in our justice system, as recognized by Bill C-41. (Bill C-41 basically says that we need to pay particular attention to the circumstances of Aboriginal offenders when handing out sentences, suggesting that they may receive shorter sentences than non-Aboriginal offenders for the same sentence.)

• Effectiveness: these courts haven’t really helped the Aboriginal issues. The program integrity determines the effectiveness of the program and it’s not always consistent.

4. Will it never end?! – Overrepresentation

In short, the end to Aboriginal overrepresentation is far away. Though we’ve made some attempts to ameliorate the situation, there are two particular factors working against these efforts:

1. Aboriginal Youth Population: the proportion of people that fall into the high-risk age groups (youth Aboriginals) is steadily increasing.
2. Movement into Urban Areas: if this trend continues, we will see more young people living primarily in urban areas. Without providing them the necessary means (education, skills, etc) to survive in an urban environment, they are expected to be increasingly more involved with the CJS.