State of the Criminal Justice System Dashboard
The Experiences of Indigenous Peoples with the Criminal Justice System
In Canada there is increased awareness and appreciation for cultural diversity and preservation of Indigenous peoples' culture. Canada’s 2021 Census indicated that over 1.8 million people self-identified as being Indigenous, which represents 5% of the Canadian population.Footnote 1 As well, there is great diversity within the Indigenous population with various identities, voices, and perspectives. Specifically, they have distinct histories, cultures, languages, worldviews, and social experiences.Footnote 2 In 2016, the Government of Canada endorsed the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with the Canadian ConstitutionFootnote 3 as “the rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world”.Footnote 4On June 21st, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent and came into force. This Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the United Nations Declaration based on lasting reconciliation, healing, and cooperative relations.Footnote 5
Indigenous peoples living in Canada continue to practice their ceremonial and seasonal celebrations;Footnote 6and maintain distinct legal traditions involving prevention, spirituality, healing, reintegration and reconciliation.Footnote 7While some Indigenous languages are considered to be critically endangered, there are still over 70 Indigenous languages with 237,420 speakers.Footnote 8
The following two sections provide a brief overview of academic literature, studies and reports by commissions and inquires that have looked into the experiences of Indigenous peoples in the Canadian criminal justice system. Specifically, they outline how Canada’s colonial history, systemic discrimination, socio-economic marginalization, and cultural differences have contributed to the overrepresentation of Indigenous people in the criminal justice system.
It is important to note that this is not a full summary of the literature nor does it provide results exclusively from empirical research. Rather, the purpose of these sections are to provide some information on the interaction of Indigenous peoples with the Canadian criminal justice system. This can provide context for the outcome data presented in the Dashboard, especially the overrepresentation of Indigenous people.The references used for these sections are only a small sample of the extensive literature that exists. For additional information and a summary of the literature, click on Bibliography.
Understanding the Overrepresentation of Indigenous People in the Criminal Justice System
Indigenous people (i.e., First Nations, Inuit and Métis) are overrepresented in the Canadian criminal justice system, both as victims and survivors as well as accused and convicted persons. Footnote 9 This includes higher rates of violent victimization of Indigenous adults and higher rates of sexual violence and homicide of Indigenous women.Footnote 10 In the courts, Indigenous accused are less likely to be acquitted and more likely to be sentenced to custody.Footnote 11 Indigenous accused include both adults and youth, which are also overrepresented in correctional institutions.Footnote 12
To understand fully the overrepresentation of Indigenous people in the criminal justice system, it is necessary to consider the context in which it is occurring. In the spirit of truth and reconciliation, the following information provides an overview of some of the literature on factors contributing to the overrepresentation. It includes references to numerous studies, inquiries and commissions undertaken since the 1980s, as well as judicial and program responses implemented to address overrepresentation.
The 1996 Report of the Royal Commission on Aboriginal Peoples indicated that the greatest contributors to overrepresentation were the colonial values underlying Canadian criminal laws, policies and practices that have had negative impacts on Indigenous peoples.Footnote 13 As a result of Canada’s colonial history, Indigenous peoples have been subjected to assimilation policies and practices that have created collective and individual intergenerational trauma resulting in negative impacts on social determinants of health for many. Their experiences, often compounded by inadequate housing as well as limited education and employment opportunities, have been identified in the literature as contributing to Indigenous people being in contact with the criminal justice system more often and for longer periods than non-Indigenous people.
For additional information and a summary of some of the literature that highlights causes of overrepresentation, click on the links below or on Bibliography.
Addressing Overrepresentation
To address the overrepresentation of Indigenous people in the criminal justice system there have been a number of federal governmental, legislative, judicial and program responses. Although not a complete list, the links below provide an overview of some of the main responses that have been used to address overrepresentation.
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