Unsettled Times: Indigenous Incarceration and the Links between Colonialism and the Penitentiary in Canada

Abstract

The high rate of Indigenous incarceration is a well-documented problem throughout Canada. Within mainstream discourses, this problem is often framed as the legacy or effects of colonialism, which has resulted in the systemic racism and cultural and socio-economic deprivation experienced by Indigenous people today. An increasing body of scholarly literature is challenging the assumption that colonialism is something of the past by looking at how its structures and logics persist today. Thus far, however, little consideration has been given to the colonial context and emergence of Indigenous incarceration in Canada. By tracing the historical links between modern colonialism and the emergence of the Canadian penitentiary into the present, this research reveals some of the hidden connections that contribute to the current rates of Indigenous incarceration and the relationship that continues to exist between colonialism and the penal system today. These findings highlight a socio-politics of incarceration that go beyond a crime and justice framework.

Incarcerated Aboriginal women’s experiences of accessing healthcare and the limitations of the ‘equal treatment’ principle

“…Aboriginal people experience over-policing, harsher sentencing and a lack of basic justice that is available to the broader Australian population, resulting in their over-representation in the criminal justice system [11,12]. The international literature has built credible evidence of such inequities experienced by Aboriginal people, including health and social inequity, discrimination and over-representation in the prison population [13,14].…”

Youth Engagement in Climate Change Action: Case Study on Indigenous Youth at COP24

“…The Youth Knowledge Fair (YKF) and trip to Europe are particularly interesting in the realm of youth development due to the challenging circumstances faced by some Indigenous communities. Intergenerational trauma, a result of colonialism and residential school, has contributed to high rates of Indigenous suicide [4,33,34], substance use disorders [3,35], and incarceration [36]. Due to the seriousness of these issues there are growing opportunities to engage with youth and improve their outcomes [37].…”

British Columbia Provincial Corrections’ Response to the COVID-19 Pandemic: A Case Study of Correctional Policy and Practice

“…A notable feature of provincial and federal correctional systems in Canada is the overrepresentation of Indigenous persons, which is a consequence of a variety of factors, including the ongoing effects of colonialism (Chartrand, 2019;Palmater, 2018). In 2017/ 2018, Indigenous people represented 29% of admissions to federal custody and 30% of admissions to provincial and territorial custody while comprising only 4% of the general Canadian adult population (Malakieh, 2019).…”

“…Indigenous people are vastly overrepresented in correctional populations in Canada due to the intergenerational consequences of colonialism in this country (Chartrand, 2019;Palmater, 2018). Given this overrepresentation, it is important to invite Indigenous communities to engage in research to examine the negative consequences of COVID-19 resulting from the incarceration of their people during these unprecedented times.…”