Artifact #1

Overrepresentation and Risk factors

Video File: https://www.youtube.com/watch?v=7d6qrv3nKds

The link above is a video of an indigenous person talking about their personal perspective on the justice system and the overrepresentation of indigenous people in the justice system. The individual discusses their personal experience in the justice system. The individual came from a life of poverty. His caregivers used to steal food to make sure their family could eat, and the speaker in the informative YouTube video stole clothing at the age of 12 and that is when he had his first interaction with the justice system. 

The goal of the video is to open discussion on the social issue of indigenous overrepresentation in the Canadian Criminal Justice System. Through the personal anecdote from the video uncovers many risk factors, such as trauma from residential schools and poverty. Risk factors will be later discussed and in more depth. 

Overrepresentation has been thought to be the product of systemic bias, trauma and poverty (Youth Engagement, 2018, p. 1). Indigenous people are not only overrepresented as offenders, but they are also overrepresented as victims (Department of Justice, 2017, para 1). In respect to offending, indigenous adults only make up 5% of the Canadian population, but in corrections they account for 28% in provincial custodies and 27% in federal custodies (Malakieh, 2018, para 10), and indigenous women are number one for being overrepresented in corrections (Department of Justice, 2017, para 6). Certain provinces and territories experience the overrepresentation a greater rate (Malakieh, 2018, para 10).

 Looking to statistics on victims, indigenous people are two times more likely to be victimized than non-indigenous people (Department of Justice, 2017, para 2).  Indigenous women are two times more likely to be victimized than indigenous males, and they are three times more likely to be victimized than non-indigenous people (Department of Justice, 2017, para 2). Though this article alludes to a video that focuses on corrections, it will also investigate victims and the risk factors associated with indigenous victimization.

With such a great disposition in custodial rates it is appropriate to analyze the reasons as to why there is such a mass difference. In respect to this issue it is important to uncover the risk factors associated with incarceration rates in Canadian corrections. The individual in the informative YouTube video discussed that he came from a life of struggles and poverty. It has been found that communities with more social programs and opportunities see a decrease in criminal activity and low incarceration rates (Tubex, 2013, p. 4). Therefore, when analyzing indigenous overrepresentation, one may think that poverty and lack of social programs can be thought of as risk factors to future criminal behaviour.  

It is also appropriate to look at the historical context of the overrepresentation. Tubex, 2013, found in a Canadian case study that colonialism and the trauma from that can be a contribution to incarceration rates (p. 6).  Indigenous people went through traumatic events during colonialism and the assimilation period in Canadian history, such as during the time of residential schools. Therefore, residential schools and past trauma can be thought of as additional risk factors.

Also, social exclusion and marginalization are additional risk facts and they can stem from systemic discrimination and biases. The criminal justice system and laws can be applied to indigenous people differently than non-indigenous people. In Tubex’s, 2013, study they found that indigenous people are less likely to be granted bail and experience more negative effects of police discretion (p. 9). Thus, from this explanation one can see that indigenous people do not receive the same benefits under the law and therefore may find themselves being more marginalized, which has negative impacts and pose as offending risk factors.

Transitioning from incarceration rates and analyzing risk factors regarding indigenous people, one must also look to victimization risk factors for a fuller picture on the indigenous overrepresentation rates. Some of these risk factors are similar to offending risk factors. Poverty, substance abuse, young age, and family demographics are examples of victimization risk factors (Department of Justice, 2017b, p. 20). All these risk factors have been analyzed and indigenous people who possess them have been found to be more vulnerable to violent victimization (Department of Justice, 2017b, p. 3). Gender/sex can also be thought of as a risk factor. For instance, indigenous women are more likely to be victims of sexual abuse, and they may find themselves more prone than non-indigenous women to work in the sex trade, which is a dangerous profession (Department of Justice, 2017b, p. 6). 

Conclusively, one may understand that social factors, such as poverty, level of education and previous trauma, are risk factors for both incarceration rates and victimization rates. As a future justice practitioner, it is important to consider all these factors. When interacting with indigenous offenders I will have more knowledge on their historical trauma and that they have been placed at a disadvantage in our system. Therefore, as an inspiring police officer when I come across indigenous people, I will keep in mind that the system/society places them at a disadvantage, and I will try and be fair and ensure that they have the same access to alternative measure just as a non-indigenous person, such as providing them with a warning for a small traffic violation. In reference to interacting with indigenous victims I will keep in mind that historically the Canadian system has caused historical trauma which creates mistrust and I will ensure my best to be supportive and empathetic for victims. Also, as a justice employee I have the power to advocate for and not dismiss/discriminate against crimes indigenous people bring forward. 

References

Department of Justice. (2017). Just facts. Retrieved November 15,2018, from https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2017/jan02.html

Department of Justice. (2017b). Victims of crime research digest no. 3. Retrieved November 15, 2018, from https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rd3-rr3/p3.html

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Malakieh, J. (2018). Adult and youth correctional statistics in Canada, 2016/2017. Statistics Canada. Retrieved November 15, 2018, from https://www150.statcan.gc.ca/n1/pub/85-002-x/2018001/article/54972-eng.htm

Tubex, H. (2013). The revival of comparative criminology in a globalised world: Local variances and indigenous over-representation. International journal for Crime, 2(3), 1-14. http://dx.doi.org/10.5204/ijcjsd.v2i3.110

Youth Engagement. (2018). Research at a glance: Indigenous overrepresentation in the criminal justice system (CJS). Retrieved November 15, 2018, from https://www.justice.gc.ca/eng/rp-pr/jr/rg-rco/2018/june03.pdf