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Walls of Red Wing: an Examination of Culturally-Informed Sentencing, Risk/Need

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Walls of Red Wing: an Examination of Culturally-Informed Sentencing, Risk/Need Walls of Red Wing: An Examination of Culturally-Informed Sentencing, Risk/Need Factors, and Treatment for Peoples of Indigenous Heritage in Canada's Criminal Justice System by Leticia Gutierrez A thesis submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Psychology Carleton University Ottawa, Ontario © 2018 Leticia Gutierrez CULTURALLY-RELEVANT SENTENCING, RISK/NEED FACTORS, & TREATMENT i Abstract Given the long-standing over-representation of Indigenous peoples in the criminal justice system in Canada, steps have been taken to better understand and enhance the cultural relevance of sentencing, assessment and treatment. Specifically, changes to legislation and sentencing (e.g., s. 718.2 [e] of the Criminal Code, introduction of conditional sentence orders), as well as operational changes (e.g., the creation of culturally-relevant correctional programming), were introduced in an effort to address over-representation. More recently, the question of whether commonly-used risk assessment measures contain cultural-bias when applied to Indigenous peoples has been argued before the Supreme Court of Canada (i.e., Ewert v. Canada, 2018). Despite these changes over the last two decades, over-representation has increased. To better understand the potential impacts of these legislative and operational changes, as well as to seek to better understand the potentially unique causes of criminal behaviour for Indigenous peoples (i.e., culturally-relevant risk/need factors), three studies were conducted. Study 1 examined the application of conditional sentence orders (CSOs) with a sample of Indigenous offenders (n = 749) compared to Caucasian offenders (n = 1,625). It was found that Indigenous individuals received shorter CSOs and had a higher likelihood of being convicted of breach. However, no differences regarding the number and type of optional supervision conditions were found between groups, after controlling for individual-level factors (e.g., risk level, severity of offence). Study 2 sought to identify and examine culturally-relevant risk/need factors with an Indigenous Advisory Group (N = 51). The process of co-development and thematic analysis resulted in the creation of a Culturally-Relevant Factors Questionnaire, consisting of 12 themes (e.g., residential school experience, stability of upbringing, preparation for and experience of discrimination, extreme poverty). The questionnaire was administered to a boutique sample (N = CULTURALLY-RELEVANT SENTENCING, RISK/NEED FACTORS, & TREATMENT ii 36) of Indigenous males on community supervision in Manitoba. Lastly, Study 3 consisted of a meta-analysis examining the effectiveness of culturally-relevant correctional programming with Indigenous offenders. While considerable methodological limitations were apparent, results based on seven studies (N = 1,731) indicated that Indigenous offenders who participate in these programs have significantly lower odds of recidivism (odds ratio = 0.72) compared to Indigenous offenders who participate in generic correctional programs. Taken together, the implications of the three studies lend support to increasing the cultural relevance of sentencing, assessment, and programming. Furthermore, they highlight the need to better understand potentially unique or salient risk/need factors that can enhance the effectiveness of criminal justice strategies aimed at improving outcomes for Indigenous peoples in the criminal justice system. CULTURALLY-RELEVANT SENTENCING, RISK/NEED FACTORS, & TREATMENT iii Acknowledgements First, I would like to thank my committee members, Dr. Shelley Brown and Dr. Ralph Serin. Your feedback and support over the last few years is something that I have valued greatly and has undoubtedly served to improve the quality of this research. I would also like to thank my internal examiner Dr. Jane Dickson and my external examiner Dr. Steve Wormith for your time, participation, and thoughtful comments. I would like to extend a great deal of thanks to my supervisor Dr. Bob Hoge for giving me the freedom to pursue this work and for patiently supporting my efforts over the years. This dissertation was supported by the Research Division of Public Safety Canada and two provincial correctional ministries, who provided access to data and participants. I extend my sincerest gratitude to those who facilitated this work and I hope to continue the next steps of this research in partnership with you in the future. Relatedly, I would like to thank all members of the Indigenous Advisory Group, as well as the probation officers, and the communities who participated in this research. Your knowledge, support, and guidance are what made this work possible. I would like to thank the 36 men who participated in the research and shared parts of their lives and their stories with me. To have entrusted me with the detailed and intimate knowledge of your experiences has led to my own growth and learning, both personally and professionally. To my friends and colleagues, Julie Blais, Kelly Babchishin, Kayla Wanamaker, and Rebecca Mugford. You have provided me with your kindness, feedback, and support over the years, and for that I am so incredibly grateful. To my friend and co-author, Nick Chadwick, working with you has been an enriching experience and I thank you for encouraging and inspiring me to pursue the research that matters the most to me. CULTURALLY-RELEVANT SENTENCING, RISK/NEED FACTORS, & TREATMENT iv To my Claudia. No one could ask for a better sister than you. Thank you for supporting me, believing in me, and putting up with my being a student for the last 26 years. You are truly a woman with strength, creativity, and warmth; and, I admire and love you more than you know. To my partner and best friend, Ben. It goes without saying that this would not have been possible without your love and support. Thank you for always encouraging me to be both curious and passionate about my work. You are the most generous person I’ve ever known and I thank you for always being there to patiently listen and encourage me to keep going. I love you to the depth and breadth and height my soul can reach. To the children of the residential school system and the generations of survivors – past, present and future – I dedicate this dissertation to you. CULTURALLY-RELEVANT SENTENCING, RISK/NEED FACTORS, & TREATMENT v Walls of Red Wing By Bob Dylan Oh, the age of the inmates I remember quite freely: No younger than twelve, no older 'n seventeen. Thrown in like bandits and cast off like criminals, Inside the walls, the walls of Red Wing. From the dirty old mess hall, you march to the brick wall, Too weary to talk, and too tired to sing. Oh, it's all afternoon, you remember your home town, Inside the walls, the walls of Red Wing. Oh, the gates are cast iron, and the walls are barbed wire. Stay far from the fence, with the 'lectricity sting. And it's keep down your head, and stay in your number, Inside the walls, the walls of Red Wing. Oh, it's fare thee well, to the deep hollow dungeon, Farewell to the boardwalk, that takes you to the screen. And farewell to the minutes, they threaten you with it, Inside the walls, the walls of Red Wing. It's many a guard, that stands around smilin', Holdin' his club, like he was a king. Hopin' to get you, behind a wood pilin', Inside the walls, the walls of Red Wing. The night aimed shadows, through the crossbar windows, And the wind punched hard, to make the wall-siding sing. It's many a night I pretended to be a-sleepin', Inside the walls, the walls of Red Wing. As the rain rattled heavy, on the bunk-house shingles, And the sounds in the night, they made my ears ring. 'Til the keys of the guards, clicked the tune of the morning, Inside the walls, the walls of Red Wing. Oh, some of us'll end up, in St. Cloud Prison, And some of us'll wind up, to be lawyers and things, And some of us'll stand up, to meet you on your crossroads, From inside the walls, the walls of Red Wing. Copyright © 1963 by Warner Bros. Inc.; renewed 1991 by Special Rider Music CULTURALLY-RELEVANT SENTENCING, RISK/NEED FACTORS, & TREATMENT vi Table of Contents Acknowledgements ........................................................................................................................ iii List of Tables .................................................................................................................................. x List of Figures .............................................................................................................................. xiii List of Appendices ....................................................................................................................... xvi CHAPTER 1: Walls of Red Wing: An Examination of Culturally-Informed Sentencing, Risk/Need Factors, and Treatment for Peoples of Indigenous Heritage in Canada's Criminal Justice System ............................................................................................................... 1 Stage 1: Separate worlds .......................................................................................................... 5 Stage 2: Contact and cooperation. ........................................................................................... 6 Stage 3: Displacement and assimilation. ................................................................................. 7 Stage 4: Negotiation and renewal. ........................................................................................
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