LetterToPrimeMinister

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Northern Lakes College *

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Anthropology

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Jan 9, 2024

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Schug 1 Letter to the Prime Minister Kayln Schug Northern Lakes College INDG-2100: Introduction to Indigenous Issues Instructor: Professor Shaun Stevenson November 28, 2022

Schug 2 Po Box 1795 Grimshaw Alberta TOH 1W0 November 28, 2022 Prime Minister Justin Trudeau 80 Wellington Street Ottawa, ON K1A 0A2 Dear Honorable Prime Minister Justin Trudeau, I am writing to you on the issue of Indigenous people and the criminal justice system. The disproportionate rates of Indigenous incarceration are alarming, with the numbers surging particularly among women over the last decade (MacDonald, 2016). Even more frightening is that Indigenous defendants now make up eighty-five percent of criminal caseloads within Prairie courtrooms. Some consider them the “new residential schools” as the problem has become so pronounced (2016). Many conditions related to why incarceration rates are so inconsistent include historical context, policy shortcomings such as those relating to the Gladue Reports (2018), language barriers, and policy failures of restorative justice measures. Without addressing concerns such as Indigenous people’s connections to the criminal system, we are not upholding our values as a country nor answering the Calls to Action (2021) asked of us as a nation. I am requesting that you consider ways in which the government can assist in repairing the wrongs of the past, particularly policy reforms, while ensuring that we are all treated fairly and justly within the Canadian criminal justice system.

Schug 3 For decades our Indigenous populations have been treated unequally by all bureaucratic levels of policymakers and institutions. There is no question that colonization has negatively impacted our Indigenous Peoples. However, arguably the most destructive has been the criminalization of Indigenous culture due to our government’s attempt to assimilate the Indigenous Peoples. The problem is perpetual. Since 1999, the Supreme Court has acknowledged the trend of the disproportionate prison population and has even admitted to the racism faced within the justice system as a whole by the Indigenous inmates (Belanger, 2018, p. 266). Until we can look in depth at the policies being brought forward and those current, we will not be able to correct this problem. We must look at the historical context that plays a significant role in the incarceration rates being on the rise and why policies are failing some of the most vulnerable populations in our country. The first area of amendment the government needs to take into consideration is policy reforms. We have seen strategies such as Gladue Reports (2018) and controversial bills such as the C-10 that the Harper government passed (Belanger, 2018, p. 266) become problematic for many Indigenous people. In addition, The Indian Act of 1876, along with numerous laws and policies that would follow it, have made some aspects of an Indigenous culture virtually illegal (Belanger, 2018, p. 267). “The Indian Act is repeatedly considered the primary underlying factor to the high rate of Indigenous offenders as the Act drove the dislocation of people from their land, segregation from mainstream society onto reserves which limited economic and educational opportunities, the outlawing of their cultures and traditions, and the forcible removal of children from their families and communities and placing them in residential schools” (2018). Unfortunately, this type of systemic discrimination manifests itself to this day most strongly in the over-representation of Indigenous People in the criminal justice system in Canada (p. 267).

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Schug 4 As you are aware, Gladue reports are standard practice in the provinces of Alberta, Ontario, and British Columbia. However, many other provinces and territories have not established similar formal guidelines when prosecuting Indigenous offenders of the law (p. 276). I urge you and your government to consider mandating all provinces and territories to implement the Gladue reports as part of sentencing an offender who self-identifies as an Indigenous person in criminal courtrooms (2018). While the Gladue reports are not perfect in their entirety, judges must be given information on the offender’s circumstances, including the impacts of colonialism and applicable background information (2018). We need a transparent and consistent justice system across our country that ensures that all jurisdictions act fairly and equally. That begins with mandating that all courtrooms take into account the situations that may impact our Indigenous populations. In addition to the failure of policymakers to address the concern of the high rates of Indigenous offenders in comparison to others, I would also urge you to start implementing policies that will address the Calls to Action ( Truth and Reconciliation Commission of Canada: Calls to Action 2021) from the TRC that pertain to the justice system. The Truth and Reconciliation Committee has addressed seventeen calls to action in relation to justice for Indigenous people in courtrooms (2021). As a country, we need to take into consideration the reasons and influences as to why we have such a disproportionate representation of Indigenous populations incarcerated, and that is why addressing action items such as action call 30 and 36 should be considered immediately. Action item 30 calls for our government to do better and commit to “eliminating the overrepresentation of Aboriginal people in custody over the next decade and to issue detailed annual reports that monitor and evaluate progress in doing so” (2021). Further, action item 36 calls on the government to “work with Aboriginal communities to

Schug 5 provide culturally relevant services to inmates on issues such as substance abuse, family and domestic violence and overcoming the experience of having been sexually abused” (2018). Until we actively answer the calls to action, we will not see the numbers decrease of those imprisoned or being penalized. In conclusion, not only are new or failed laws to blame for the surge and high imprisonment numbers of the Indigenous populations. Instead, it would appear that at every step, “discriminatory practices and a biased system work against an Indigenous accused” (MacDonald, 2016). The justice system must consider all factors and better understand what motivates a person to commit crimes and not just assume that the problem is unsolvable. As many criminologists would argue, the theory of assuming that incarnating will bring down crime and create public safety is inaccurate. In reality, most criminologists would agree that imprisonment instead increases the risk of repeat lawbreakers while returning offenders are being returned more hardened, hopeless, violent and angry to an already traumatic and often an environment that is not equipped to help them (2016). Failure to address the flaws within the justice system when focusing on the Indigenous population ensures that the cycle and numbers will continue to increase and show a disproportionate amount of Indigenous persons in our criminal justice system. Honourable Prime Minister, I ask that you consider the impacts colonization has had on our Indigenous neighbours and devise a plan to help solve this crisis and ensure that all members of our communities are treated fairly and equally. Sincerely, Kayln Schug

Schug 6 References: Belanger, Yale D. (2018). Ways of Knowing: An Introduction to Native Studies in Canada (3rd ed.). Toronto, ON: Nelson Education Ltd. Indigenous Corporate Training Inc. (2018, April 5). What are Gladue Reports? Retrieved November 24, 2022, from https://www.ictinc.ca/blog/what-are-gladue-reports MacDonald, N. (2016, February 18). Canada's Prisons are the 'New Residential Schools. Retrieved November 19, 2022, from https://www.macleans.ca/news/canada/canadas- prisons-are-the-new-residential-schools/ Truth and Reconciliation Commission of Canada: Calls to Action . Canadian Religious Conference. (2021, June 25). Retrieved November 22, 2022, from https://crc- canada.org/en/ressources/calls-to-action-truth-reconciliation-commission-canada/

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