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Crime and Criminal Justice in Nunavut: an Exploration in Aboriginal Peoples and Criminal Justice Policy

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Crime and Criminal Justice in Nunavut: an Exploration in Aboriginal Peoples and Criminal Justice Policy CRIME AND CRIMINAL JUSTICE IN NUNAVUT: AN EXPLORATION IN ABORIGINAL PEOPLES AND CRIMINAL JUSTICE POLICY. Allan Lloyd Patenaude B.A. (Hons.), Simon Fraser University, 1989 M.A. (Criminology), Simon Fraser University, 1990 A DISSERTATION TO BE SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in the School of Criminology O Allan Lloyd Patenaude 1997 SIMON FRASER UNIVERSITY August 1997 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. APPROVAL Name: Allan Lloyd Patenaude . Degree: Doctor of Philosophy Title of Dissertation: Crime And Criminal Justice In Nunavut: An Exploration In Aboriginal Peoples And Criminal Justice Policy. Examining Committee: Chair: Professor Joan Brockman, LL.M. 1- -- "- - Margaret A. 3ackson, Ph.D., bnior Supervisor School of Crimindogy, Simon Fraser University Are,Ph.D,, Gdsor School of Criminology, Simon Fraser University ,J. Colin Yerbusy, Pti.0. Centre for Distance Ed on Fraser University I - - -cor;$do; ki.0.. -- Simon Fraser University Examiner Date Approved: Auaust 5th. 1997 PARTIAL COPYRIGHT LICENSE I hereby grant to Simon Fraser University the right to lend my thesis, project or extended essay (the title of which is shown below) to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. I further agree that permission for multiple copying of this work for scholarly purposes may be granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission. Title of Thesis/Project/Extended Essay Crime and Criminal Justice in Nunavut: An Emloration in Aboriyinal Peodes and Criminal Justice Policy Author - . ---- - -- (Signature) iii Crime And Criminal Justice In Nunavut: An Exploration In Aboriginal Peoples And Criminal Justic olicy. Abstract Recent judicial and quasi-judicial inquiries concerned with the delivery of criminal justice services to Aboriginal people have pointedly and consistently remarked that there exists a need for change in the relationships between aboriginal communities and the criminal justice system and its agents (Alberta, 1991; Manitoba, 1991; Nova Scotia, 1989). These inquiries have illustrated the disparities which exist between Aboriginal and non-Aboriginal persons vis-a-vis the criminal justice system and the fact that they have continued unabated since they were first identified in 1975. Although Aboriginal people comprise only two and one-half percent of the Canadian population, for example, they fom twenty percent of the national prison population. Reviews of the official crime records for the Northwest Tenitories (N. W.T.), between 1977 and 1992, have revealed rates that are consistently three and one-half to five times the national rate per 100,000 population overall and as high as six times the national rate for some offence categories (Canadian Centre for Justice Statistics, 1994). Violent and property crime accounted for the majority of offences reported during the study period, 1977-1992, with N.W.T. residents were charged with an offence 2 to 3 times more often than residents of the provinces. The clearance rates for all offences in the N.W.T. were approximately 2 to 3 times that found in Southern Canada with adult males being most likely to charged with an offence. Despite its best efforts to deal with these crime problems, the Government of the Northwest Tenitories is constrained by its colonial relationship with the Government of Canada and its system of consensus government which, in turn, reduce the effectiveness of criminal justice policy in the North. While these rates cry out for government action within the current Northwest Territories, the creation of Nunavut Territory in 1999 offers unique opportunities for the development, implementation, and evaluation of crime policy tailored to meet the needs of a predominantly- Aboriginal population. While the Territorial policy sections differ from their provincial government counterparts by having frequent community-level contact, they share the need for quick and simply- stated solutions to the questions, which their respective Minister might face, concerning social problems. This has often resulted, at least in the area of crime policy, in policy-makers using descriptive statistics of crime to illustrate epidemiology of crime while ignoring other tools, such as social scientific theories of crime or inferential statistics which could point towards the aetiology of crime in that jurisdiction. Political expediency needs to be tempered with useful and informative descriptions of the problem, plausible explanations for its occurrence, realistic policy options, and methods of evaluation. This dissertation seeks to provide Northerners, both the governors and the governed, with an understanding of the value of this type of policy information. It is envisioned that this dissertation will contribute to the growing body of literature written on both the North and the administration of criminal justice vis-a-vis Aboriginal peoples. One of the specific implications for Northerners is the applicability of coercive tutelage and resistance in understanding and dealing with both the increasing crime rates in the North and the introduction of large-scale social change. The general state of socio-cultural adaptation among Dene, Mdtis, and Inuit is that unless the levels of meaningful participation in the delivery of justice services are dramatically increased, aboriginal methods of social control will become a thing of the past or a cultural icon without modem relevance. It is believed that the use of a methodology that employs both inter- and intra-method as well as sequential triangulation offers a unique examination of the crime problem within the Northwest Territories and Nunavut. Building upon the use of officially recorded crime statistics which illustrates the epidemiology of crime in the North, typical crime policy options will be explored (more police, etc.). The use of census and that same officially-recorded crime data will permit the grounding of various theories of crime and permit the exploration of policy options which should differ from those typically created through the sole use of descriptive statistics. Public meetings held within different regions of the Northwest Territories offer different policy inputs and options than those provided through the use of official records and census data. Finally, interviews with key informants within the public sphere offer researchers yet another set of inputs and understanding of the crime problem and possible solutions. It is believed that this research strategy is unique, outside of official commissions and inquiries or government-sponsored studies, in the study of Aboriginal peoples, their communities, and crime. Current efforts to reform the Northern criminal justice system will be presented and their efficacy as policy options will be explored. While many of these efforts are in their infancy, the rhetoric of community-based justice appears to be subordinate to the reality of the institutions of the dominant Anglo-Canadian justice system and the vested interests of the practitioners within that system. Finally, this dissertation seeks to "make meaning" of the policy context within which the criminal justice policy of the Northwest Territories and Nunavut is made. It is hoped that this dissertation will offer more than a contribution to the extant literature on the North and Aboriginal peoples. It is hoped that this dissertation will contribute to the recognition of the unique criminal justice policy needs of Northerners and be useful in the formulation of criminal justice policy for both the Northwest Territories and Nunavut. Such use could be as simple as assisting Northerners in their negotiations with the federal government for additional resources for the administration of criminal justice or as complicated as seeking changes in federal legislation, e-g., Criminal Code, that better meet the needs of Aboriginal peoples in the North and other parts of Canada. Crime et Justice criminelle B Nunavut: Une exploration des autochtones et de la politique de justice criminelle. Des kcentes enqugtes judiciaire et quasi-judiciaires concernant les notifications de la justice criminelle attribuees aux aborigenes ont revele, d'une maniere significative et logique, qu'une intervention dans les relations entre les communautes aborigenes et le systeme de justice cn'minelle et ses repksentants s'averait necessaire (Alberta, 1991; Manitoba, 1991; Nova Scotia, 1989). Ces enqugtes ont mis en evidence les disparites existantes entre les aborigenes et non-aborigenes par rapport au systeme de justice criminelle, ainsi que leur intensite rest& inchangee depuis qu'elles ont ete reconnues pour la premiere fois en 1975. Bien que les autochtones ne representent seulement que deux et demi pour-cent de la population canadienne, ils representent par exemple vingt pour-cents des incarceration de la prison nationale. Des etudes sur les rapports officiels de criminalite dans les Tenitoires du Nord-Ouest entre 1977 et 1992, ont indique des taux egalant regulierement trois fois et demie a cinq fois le taux national pour une population de 100,000 habitants, et depassant jusqu'a
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