Aboriginalising the parole process: ‘Culturally appropriate’ adaptations and the Canadian federal parole system

Abstract

The increasing 'diversity' of penal populations in most western countries over the past three decades raises questions as to the fairness and appropriateness of established penal programmes and practices. In some jurisdictions, penal policy-makers and administrators are being forced to deal with the implications of offender diversities, including race, ethnicity, gender, culture and religion, in policy and planning. In Canada, the pervasive over-representation of Aboriginal individuals in prisons has led to calls for change in how the corrections and parole systems deal with Aboriginal prisoners. This article examines the advent of one 'culturally appropriate' adaptation of the parole process, the Elder assisted hearing, introduced in 1992 by the Parole Board of Canada as a means of (1) addressing the problem of over-representation and (2) being responsive to Aboriginal difference. It shows that the 'Aboriginalisation' of parole hearing formats is by no means a straightforward process, and is illustrative of the broader challenges that racial, cultural and gender differences pose to contemporary penality.

Transcarceral lawscapes enacted in moments of Aboriginalisation: a case-study of an Indigenous woman released on urban parole

“…Aboriginalisation has previously been described by Kelly Struthers Montford and Dawn Moore (2018, p. 642) as the consequence of the prison as a pedagogical space, in that Indigenous inmates are encouraged to partake in cultural education, learning about traditional ways of life and participating in ceremonies. Correctional staff designate zones within the penitentiary as Indigenous sanctuaries, and elders and teachings are vetted (Commissioner of Correctional Service of Canada, 2013; Corrections and Conditional Release Act, 1992, s. 80; Montford and Moore, 2018, p. 645), which extends into the Aboriginalisation of the parole system as well (Turnbull, 2014). Indigenous inmates undertake a project of subject formation through the performance of cultural practices, but such performance is tethered to the restorative object of cleansing their self of the criminogenic, such as substance use, disrespect for authority and violence (Allspach, 2010, pp.…”

“…647, 652–657). As Sarah Turnbull (2014, pp. 397–398) noted, ‘[t]he notion of the “traditional path” is [a] penal discourse that works to produce an authentic Aboriginal subject to which Aboriginal prisoners are compared’, folding into carceral representations of Indigenous inmates, ‘reflected and perpetuated within correctional institutions and discourses’.…”

“…Turnbull (2014, p. 397) described the transformation of an Indigenous inmate into an authentic Aboriginal as linked to decisions to grant parole, relying upon ‘their participation in Aboriginal programmes or practices’ to ‘generate certain expectations for [Indigenous] inmates and communities’ (also see Buchanan and Darian-Smith, 2011). Procedures of the correctional system become co-extensive with expressions of Aboriginality, making Aboriginalisation a productive mode of carceral control that can extend, if properly internalised and reinforced in urban space, outside the prison.…”

“…Correctional staff designate zones within the penitentiary as Indigenous sanctuaries, and elders and teachings are vetted (Commissioner of Correctional Service of Canada, 2013;Corrections and Conditional Release Act, 1992, s. 80;Montford and Moore, 2018, p. 645), which extends into the Aboriginalisation of the parole system as well (Turnbull, 2014). Indigenous inmates undertake a project of subject formation through the performance of cultural practices, but such performance is tethered to the restorative object of cleansing their self of the criminogenic, such as substance use, disrespect for authority and violence (Allspach, 2010, pp.…”

Throughcare for Indigenous peoples leaving prison: Practices in two settler colonial states

“…There have been similar patterns of intervention by settler states across the globe, including the mass removal of children as a means of destroying Indigenous cultures and enforcing mainstream norms and values. 'Residential' schools in Canada and 'missions' in Australia played similar roles in terms of severing connections between children and families, and the intergenerational trauma left in their wake continues to haunt Indigenous societies and fuel the cycle of repeated contact with the prison system, as well as problems associated with mental health, alcohol use and family violence (Blagg and Anthony, 2019;Chartrand, 2019;Cunneen and Tauri, 2018;McGuire and Murdoch, 2021;Martel and Brassard, 2008;Monchalin, 2016;Turnbull, 2014). The criminalisation of Indigenous peoples was a central pillar of the settler colonial project.…”