NCJ Number
108184
Date Published
1982
Length
16 pages
Annotation
Research about differential treatment of natives in the Canadian criminal justice system reveals that natives were disproportionately represented in Canadian penal institutions, particularly in the western Provinces.
Abstract
Significant differences existed in admission patterns for native female and male offenders. In 1975, 12.2 percent of all native Indian admissions were female, while 6.5 percent of all nonnative admissions were female. Recently, 50 to 60 percent of admissions in Saskatchewan were native offenders, and 40 to 50 percent in Manitoba were native offenders, although the native population was only 12.5 percent of the total population in these two provinces. Although native Indians constituted approximately 3 percent of the total metropolitan Winnipeg population, they accounted for 27.2 percent of all male arrests and 69.5 percent of all female arrests. Natives were overrepresented for liquor offenses and crimes against persons, property, and the legal justice system. Little data exists on the extent to which natives are represented by legal counsel, but Provinces such as Alberta and British Columbia had started to provide paralegal services to natives entering the court system. Poor communication between native Indians and the court system often occurred, with natives having little understanding of their legal rights. Fine default incarcerations accounted for 57 percent of all native offender admissions compared to 34 percent of all nonnative admissions. Natives were twice as likely to have drinking problems as nonnatives. Recidivism was considerably higher for natives than nonnatives, and severe sentencing or sentencing for defaulting on fine payment was more likely in rural areas (where more natives live) than urban areas. Native involvement in the Canadian criminal justice system should be considered in regard to their broader socioeconomic context. 15 footnotes and 38 bibliographical references.