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In 2017/2018, Indigenous youth made up 48% of incarcerated youth individuals in Canada, while representing about 8% of the Canadian youth population. [11] Indigenous females represent approximately 4% of the female population in Canada, [12] but make up 42% of the female federal inmate population. [13]
The Supreme Court of Canada decision in R v Gladue both recognized this issue, and mandated justices to allow for provisions in sentencing that considered the historical and socio-economic factors that bring Indigenous peoples before the court, in order to reduce Indigenous over representation in the carceral system. [19]
R v Ipeelee is a Supreme Court of Canada decision which reaffirmed the court's previous holdings in R v Gladue, in that when sentencing an Indigenous person, every sentencing judge must consider: (a) the unique systemic or background factors which may have played a part in bringing the particular Indigenous individual before the courts; and (b) the types of sentencing procedures and sanctions ...
Incarceration in Canada is one of the main forms of punishment, rehabilitation, or both, for the commission of an indictable offense and other offenses.. According to Statistics Canada, as of 2018/2019 there were a total of 37,854 adult offenders incarcerated in Canadian federal and provincial prisons on an average day for an incarceration rate of 127 per 100,000 population.
In 1990, a report called Creating Choices was issued by a task force aiming to improve the lives of and create more choices for federally sentenced women. [10] One of the recommendations of the task force was the creation of a healing lodge "where Aboriginal federally sentenced women may serve all or part of their sentences". [9]
The Royal Commission on Aboriginal Peoples was a royal commission undertaken by the Government of Canada in 1991 to address issues of the Indigenous peoples of Canada. [151] It assessed past government policies toward Indigenous people, such as residential schools, and provided policy recommendations to the government. [ 152 ]
The word "existing" in section 35(1) has created the need for the Supreme Court of Canada to define what Aboriginal rights "exist". The Supreme Court ruled in R. v. Sparrow [4] that, before 1982 (when section 35 came into effect), Aboriginal rights existed by virtue of the common law. Common law could be changed by legislation.
Indigenous gangs, as the Criminal Intelligence Service Canada classifies them, have surpassed outlaw motorcycle gangs and Italian organized crime syndicates as the largest single group held in federal prisons, with 1,936 members serving federal sentences. [6] Examples include: Alberta Warriors [7] Indian Mafia [8] Indian Posse [9] Kelowna ...