The Colonialism of Incarceration
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Gladue Primer Is a Publication of the Legal Services Society (LSS), a Non-Government Organization That Provides Legal Aid to British Columbians
February 2011 © 2011 Legal Services Society, BC ISSN 1925-5799 (print) ISSN 1925-6140 (online) Acknowledgements Writer/Editor: Jay Istvanffy Designer: Dan Daulby Legal reviewer: Pamela Shields This booklet may not be commercially reproduced, but copying for other purposes, with credit, is encouraged. The Gladue Primer is a publication of the Legal Services Society (LSS), a non-government organization that provides legal aid to British Columbians. LSS is funded primarily by the provincial government and also receives grants from the Law Foundation and the Notary Foundation. This booklet explains the law in general. It isn’t intended to give you legal advice on your particular problem. Because each person’s case is different, you may need to get legal help. The Gladue Primer is up to date as of February 2011. Special thanks to Jonathan Rudin of Aboriginal Legal Services of Toronto and Linda Rainaldi for their contributions to this booklet. We gratefully acknowledge Community Legal Education Ontario (CLEO) for the use of the information in their booklet Are you Aboriginal? Do you have a bail hearing? Or are you going to be sentenced for a crime? (2009). How to get the Gladue Primer Get free copies of this booklet from your local legal aid office. Read online (in PDF) at www.legalaid.bc.ca/publications Order online: www.crownpub.bc.ca (click the Legal Services Society image) Phone: 1-800-663-6105 (call no charge) 250-387-6409 (Victoria) Fax: 250-387-1120 Mail: Crown Publications PO Box 9452 Stn Prov Govt Victoria, BC V8W 9V7 Contents Section -
Measuring Correctional Admissions of Aboriginal Offenders in Canada: a Relative Inter-Jurisdictional Analysis
Measuring Correctional Admissions of Aboriginal Offenders in Canada: A Relative Inter-jurisdictional Analysis ANDREW A REID Il est bien connu que les peuples autochtones sont surreprésentés dans le système de justice pénale canadien. Un examen des statistiques récentes qui documentent l’ampleur de cette surreprésentation dans la population condamnée à la détention au Canada, a mené la Commission de vérité et réconciliation à demander aux gouvernements fédéral, provinciaux et territoriaux d’agir. Afin de se préparer à répondre à ces « appels à l’action » de la Commission, il est important d’avoir de l’information de base complète qui servira à mesurer le progrès à l’avenir. Au-delà des statistiques de base qui documentent la surincarcération, peu de recherche explore les dynamiques de représentation des personnes contrevenantes autochtones dans d’autres parties du système correctionnel. Il n’en demeure pas moins qu’il s’agit d’un domaine d’étude important. Le nombre d’admissions à la détention est souvent utilisé pour décrire le problème de surreprésentation. Par ailleurs, les sanctions communautaires telles que la peine d’emprisonnement avec sursis et la probation sont perçues comme des alternatives positives à la détention. La présente étude utilise différentes techniques des mesures pour documenter les dynamiques récentes d’admission de personnes contrevenantes autochtones à ces trois parties des systèmes correctionnels provinciaux et territoriaux. Bien que les mesures habituelles telles que le dénombrement et le pourcentage soient utiles pour rendre compte d’un seul type d’admission, elles sont moins efficaces pour en comparer plusieurs, dans différentes juridictions. Nous considérons une autre technique des mesures plus utile pour ce genre d’enquête. -
Race and Criminal Justice in Canada
International Journal of Criminal Justice Sciences Vol 11 Issue 2 July – December 2016 Copyright © 2016 International Journal of Criminal Justice Sciences (IJCJS) – Official Journal of the South Asian Society of Criminology and Victimology (SASCV) - Publisher & Editor-in-Chief – K. Jaishankar ISSN: 0973-5089 July – December 2016. Vol. 11 (2): 75–99. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlikeHTU 4.0 International (CC-BY-NC-SA 4.0) License ,UTH whichT permits unrestricted non-commercial use ,T distribution, and reproduction in any medium, provided the original work is properly cited. Race and Criminal Justice in Canada Charles Reasons 1 Central Washington University, United States of America Shereen Hassan, Michael Ma, Lisa Monchalin 2 Kwantlen Polytechnic University, Canada Melinda Bige 3 University of Victoria, Canada Christianne Paras 4 Fraser Region Community Justice Initiatives, Canada Simranjit Arora 5 Faculty of Law, Thompson River University, Canada Abstract The relationship between race and crime has long been a subject of study in the United States; however, such analysis is more recent in Canada. A major factor impeding such study is the fact that racial/ethnic data are not routinely collected and available in Canada, unlike the United States. The collection of such data would arguably undermine the multi-cultural mosaic of Canada as a place of acceptance and tolerance. However, the lack of such data bellies research suggesting that race plays a role in the Canadian criminal justice system. Using available, albeit, limited research studies and their data, the role of race is evident throughout the justice system. -
The Tools at Their Fingertips How Settler Colonial Geographies Shape
Social Science & Medicine 237 (2019) 112363 Contents lists available at ScienceDirect Social Science & Medicine journal homepage: www.elsevier.com/locate/socscimed The tools at their fingertips: How settler colonial geographies shape medical T educators’ strategies for grappling with Anti-Indigenous racism ∗ ∗∗ Paul Sylvestrea, , Heather Castledena,b, , Jeff Denisc, Debbie Martind, Amy Bombaye a Department of Geography and Planning, Queen's University, Kingston, Ontario, Canada b Department of Public Health Sciences, Queen's University, Kingston, Ontario, Canada c Department of Sociology, McMaster University, Hamilton, Ontario, Canada d School of Health and Human Performance, Dalhousie University, Halifax, Nova Scotia, Canada e Department of Psychiatry and School of Nursing, Dalhousie University, Halifax, Nova Scotia, Canada ARTICLE INFO ABSTRACT Keywords: Settler colonialism implicates settler and Indigenous populations differently within ongoing projects of settle- Medical education ment and nation building. The uneven distribution of benefits and harms is a primary consequence of settler anti-Indigenous racism colonialism. Indeed, it is a central organizing feature of the settler state's governance of Indigenous societies and Indigenous health is animated, in part, through pervasive settler ignorance and anti-Indigenous racism, which has manifested in Settler colonialism persistent health disparities amongst Indigenous peoples. This broader socio-political context surrounding Multiculturalism medical schools, which are seeking to develop teaching and learning about Indigenous health presents a sig- Qualitative inquiry Truth and reconciliation commission of Canada nificant challenge. Understanding the cognitive and affective tools that settler educators use when grappling with questions of race, racialization, and Indigenous difference is an important step in addressing anti- Indigenous racism in health care provision. -
On 11 December 2012, in a Teepee in the Shadow of the Canadian Parliament, Theresa Spence, the Chief of Attawapiskat First Nation, Began a Hunger Strike
Glen Sean Coulthard, Red Skin, White Masks: Rejecting the Colonial Politics of Recognition, Minneapolis: University of Minnesota Press, 2014. ISBN: 978-0-8166- 7965-2 (paper); ISBN: 978-0-8166-7964-5 (cloth) On 11 December 2012, in a teepee in the shadow of the Canadian Parliament, Theresa Spence, the chief of Attawapiskat First Nation, began a hunger strike. With her protest, she sought to focus public attention on issues of concern to Indigenous peoples in Canada, including recent federal legislative changes, and support an emerging Indigenous rights movement called Idle No More. The poverty, substandard housing, and overcrowding of Attawapiskat stood in marked contrast to the wealth flowing from their traditional territories. Upstream from Attawapiskat, De Beers’ Victor Diamond Mine produced 826,000 carats of diamonds in 2010, worth an approximate US$210,000,000.1 To further facilitate such development, in 2012 the Canadian government introduced a pair of omnibus bills, removing environmental protections and regulatory hurdles that impeded resource extraction. The juxtaposition of government priorities and the desperate conditions in Indigenous communities incited Indigenous political resurgence. A group of women on the prairies began organizing local teach-ins about the impact of the omnibus bills for Indigenous peoples, publicizing events under the hashtag #idlenomore. The message resonated and through the winter of 2012-2013, the call for action became a movement. Indigenous peoples across the country took part in rallies and marches, flash 1 These production figures for the Victor mine are taken from the De Beers’ 2010 Report to Society Canada: Maximizing the Value and Life of the Resource. -
ADULT CORRECTIONAL SERVICES in CANADA, 1998-99 by Jennifer Thomas
Statistics Canada – Catalogue no. 85-002-XIE Vol. 20 no. 3 ADULT CORRECTIONAL SERVICES IN CANADA, 1998-99 by Jennifer Thomas HIGHLIGHTS T At any given time, in 1998-99, there was an average of 150,986 adults under the supervision of correctional authorities in Canada, a 3% decrease from 1997-98. Almost 8 out of every 10 (79%) offenders in the correctional system were under some form of supervision in the community. Custodial facilities housed 21% of supervised offenders (including individuals on remand and held for other temporary reasons such as immigration holds). T For the sixth consecutive year, the total number of adult admissions to custody declined. In 1998-99, there were 218,009 adults admitted to provincial/territorial and federal custody, a 3% decrease over 1997-98. Since the peak of custodial admissions in 1992-93 (following almost a decade of growth), the number of custodial admissions has decreased by 14%. T The majority of adult custodial admissions (97%) were to provincial/territorial facilities. Although provincial/territorial admissions to custody continued to decline (3%) in 1998-99, admissions to federal facilities rose by 3%. T Similar to custodial admissions, admissions to sentenced community supervision (i.e., probation and conditional sentences) declined (2%) in 1998-99, the first time since the introduction of the conditional sentence in 1996. Admissions to conditional sentences totalled 14,236 for the year, a 3% decrease over 1997-98, while admissions to probation declined slightly (2%), totalling 78,819. T The typical adult offender admitted on sentence to a provincial/territorial facility was male, between the ages of 18 and 34, and convicted of a property offence. -
Class Action News Issue #18 Summer 2020
- 1 - 2 > CAN-#18 < Editor’s Note > < Contents > It is Summer & Issue #18 News …………………………... 3-12 of ‘Class Action News’. Health & Harm Reduction …..…... 13 This magazine is by & for Resources ………….……….... 14-16 the Prisoner Class in Canada. < Artists in this Issue > In every Issue we provide a safe space for creative expression and literacy development. Cover: Pete Collins These zines feature art, poetry, stories, news, observations, concerns, and anything of interest to share. Health & Harm Reduction info will always be provided - Yes, Be Safe! Quality & Quantity: Items printed are those that are common for diverse readers, so no religious items please. < Funding for this Issue > Artwork: Black pen (tat-style) works the best. Cover Artist will receive a $25 donation. Very special thanks to: Writings: only short poems, news, stories, … Groundswell Community Justice Trust Fund! Items selected are those that fit nicely & allow space for others (½ page = 325 words max). < Ancestral Territorial Acknowledgment > For author protection, letters & story credits will all be 'Anonymous'. We respectfully acknowledge that the land on which Prison Free Press operates is the ‘Class Action News' is published 4 times a Traditional Territory of the Wendat, the year & is free for prisoners in Canada. Anishnaabeg, Haudenosaunee, and the If you are on the outside or an organization, Mississaugas of the New Credit First Nation. please send a donation. We do not have any funding so it really helps to get this inside! e ‘Dish With One Spoon’ Treaty f Editor: Tom Jackson Canadian Charter of Rights & Freedoms Publication: Class Action News Publisher: PrisonFreePress.org • The right of life, liberty and security of person PO Box 39, Stn P (Section 7). -
Identity, Land and the Dispossession of First Nations Women in Canada | Darkmatter Journal
17/05/2016 Status as Property: Identity, Land and the Dispossession of First Nations Women in Canada | darkmatter Journal an international peerreviewed journal ISSN 20413254 Status as Property: Identity, Land and the Dispossession of First Nations Women in Canada by Brenna Bhandar 16 May 2016 • Comment (0) • Print Posted: Reflections on Dispossession: Critical Feminisms [14] | Article Share 0 Tweet They acknowledge no right for you, and they do not credit you with a memory.[1] In the mid to late nineteenth century, as English and French settlers were in the process of consolidating their colonial Dominion over vast First Nations’ territories in the form of a Canadian federal state, the government enacted legislation to create the juridical category of the Indian. Binding together identity with access to land, Indian status and the Indian reserve would come irrevocably to define and regulate the lives of First Nations people in Canada from the midnineteenth century until the present. The creation of the “Indian” as a juridical category, along with the Indian reserve as a space of domination, marks a specific historical conjuncture—one in which identity (or indeed, subjectivity itself) and property relations were bound to one another, creating an apparatus [2] of colonial knowledge and governance that structures the ongoing dispossession of First Nations women. This identityproperty nexus in the settler colony of Canada was forged in relation to two distinct economies of land. One was the Indian reserve, the other a market for individual private property ownership that rested upon the fiction of underlying Crown sovereignty. -
Was Stephen Harper Really Tough on Crime? a Systems and Symbolic Action Analysis
Was Stephen Harper Really Tough on Crime? A Systems and Symbolic Action Analysis A thesis submitted to The College of Graduate and Postdoctoral Studies In partial fulfilment of the requirements For the Degree of Doctor of Philosophy In the Department of Sociology University of Saskatchewan Saskatoon By Mark Jacob Stobbe ©Mark Jacob Stobbe, September 2018. All rights reserved. PERMISSION TO USE In presenting this thesis in partial fulfillment of the requirement for a postgraduate degree from the University of Saskatchewan, I agree that the libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis in any manner, in whole or part, for scholarly purposes, may be granted by the professor or professors who supervised my thesis work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis was done. It is understood that any copying, publication or use of this thesis or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and the University of Saskatchewan in any scholarly use which may be made of any material in my thesis. Request for permission to copy or use of whole or part of this thesis may be addressed to: Department of Sociology University of Saskatchewan 1019 - 9 Campus Drive Saskatoon, SK Canada S7N 5A5 OR College of Graduate and Postdoctoral Studies University of Saskatchewan Room 116 Thorvaldson Building, 110 Science Place Saskatoon SK Canada S7N 5C9 i ABSTRACT In 2006, the Hon. -
The State of Aboriginal Corrections: Best
The views expressed in this report are those of the author and are not necessarily those of the Department of the Solicitor General of Canada. EXAMINING ABORIGINAL CORRECTIONS IN CANADA APC 14 CA (1996) ABORIGINAL PEOPLES COLLECTION Cover: Addventures/Ottawa Figure: Leo Yerxa © Supply and Services Canada Cat. No. JS5-1/14-1996E ISBN: 0-662-24856-2 EXAMINING ABORIGINAL CORRECTIONS IN CANADA by Carol LaPrairie, Ph.D. assisted by Phil Mun Bruno Steinke in consultation with Ed Buller Sharon McCue Aboriginal Corrections Ministry of the Solicitor General 1996 EXAMINING ABORIGINAL CORRECTIONS IN CANADA EXECUTIVE SUMMARY This document provides information gathered though surveys, analyses of quantitative data and a review of current literature and research about the state of aboriginal corrections. Its purpose is to inform program and policy makers, aboriginal organizations and services, academics, and others interested in the field. It is also intended to be used in the development of research and program evaluation plans, and to provide new directions to be considered for aboriginal corrections, theoretical issues and responses to aboriginal offenders. It raises some complex questions about the meaning and future of aboriginal corrections. The report is in nine parts. While there is a natural progression from one part to the next, each can be read alone as the subject matter is discrete and specific. Because of the quantity of data in some parts, summaries are presented at the end of each. Relevant tables are provided at the end of parts. Listings of “lessons learned” and suggested future research directions are also provided. In addition, there is an extensive reference section on mainstream and aboriginal correctional literature. -
Volume 22, No. 1
Nikkei NIKKEI national museum & cultural centre IMAGES Nikkei national museum N2017:ikke 75th Anniversaryi of the Japanese Canadian Internment cultuChildrenral running cen along thet dirtre road at the Bay Farm internment site, about a mile south from Slocan City. Bay Farm, circa 1942. NNM 1996.178.1.9 A publication of the Nikkei National Museum & Cultural Centre ISSN #1203-9017 Volume 22, No. 1 Welcome to Nikkei Images Contents Nikkei Images is a publication of the Nikkei National Museum & Cultural Nikkei national museum Centre dedicated to the preservation & cultural centre and sharing of Japanese Canadian stories since 1996. We welcome proposals of family Nikkei Images is published by the Nikkei National Museum & Cultural Centre and community stories for publication in future Editorial Committee: Sherri Kajiwara, Linda Kawamoto Reid, issues. Articles must be between 500 – 3,500 words Carolyn Nakagawa, Erica Isomura maximum and fi nished work should be accompanied Design: John Endo Greenaway by relevant high resolution photographs with proper Subscription to Nikkei Images is free (with pre-paid postage) photo credits. Please send a brief description or with your yearly membership to NNMCC: Family $47.25 | Individual $36.75 summary of the theme and topic of your proposed Senior Individual $26.25N | Non-profiikke t $52.25 i article to [email protected]. Our publishing $2 per copy (plus npostage)atio forn anon-membersl museum agreement can be found online at centre.nikkeiplace. NNMCC Our Journey: Revisiting Tashme and mensch. Karl Konishi – a Memoir 6688 Southoaks Crescent org/nikkei-images New Denver After 70 Years Page 8 Page 10 Burnaby, BC, V5E 4M7 Canada Page 4 TEL: 604.777.7000 FAX: 604.777.7001 www.nikkeiplace.org Disclaimer: Every e ort is made to ensure the accuracy of the information contained within Nikkei Images. -
Bill C-83, Solitary Confinement, and Mental Health
Journal of Law and Social Policy Volume 33 Detained: From Supporting Prisoners to Abolishing Prisons Article 5 2020 Out of Sight, Out of Mind: Bill C-83, Solitary Confinement, and Mental Health Lydia Dobson Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/jlsp Part of the Law Commons Citation Information Dobson, Lydia. "Out of Sight, Out of Mind: Bill C-83, Solitary Confinement, and Mental Health." Journal of Law and Social Policy 33. (2020): 93-110. https://digitalcommons.osgoode.yorku.ca/jlsp/vol33/iss1/5 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Journal of Law and Social Policy by an authorized editor of Osgoode Digital Commons. Dobson: Out of Sight, Out of Mind: Bill C-83, Solitary Confinement, and M Out of Sight, Out of Mind: Bill C-83, Solitary Confinement, and Mental Health LYDIA DOBSON This article investigates the recently passed Bill C-83, which aims to reduce harms caused by segregating people with mental health issues. In order to assess the capacity of the Bill to support meaningful change, the history of mental health institutions and correctional facilities in Ontario is first explored, followed by an analysis of recent cases on segregation and mental health in the province. Next, legislative oversight for federal prisons and provincial jails is described, followed by an overview of ongoing reforms. Here, a distinction between federal prisons and provincial jails is made in order to explore the different legislation governing each of these spaces and the complexities that arise from multiple systems of governance.