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ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. Programs User Branch Report `! NATIVE CRIMINAL JUSTICE {j" RESEARCH AND PROGRAMS: INVENTORY UPDATE No. 1985-51 • Solicitor General Canada Ministry Secretariat 312,21.if. 8 7 CAROL ILAPRAIRIE RESEARCeDIVISION BARBARA CRAIG CONTRACTOR f1 UBRARY MINISTRY OF THE SOLICITOR GENERAL OF CANADA NOV 2 1981 BIBLIOTHEOUE MINISTERE DU SOLLICITEUR GENERAL DU CANADA OTTAWA. ONTARIO CANADA K1A oPe //NATIVE CRIMINAL JUSTICE RESEARCH AND *PROGRAMS: INVENTORY UPDATE/ No. 1985-51 L. This working paper was prepared under contract for the Research Division in September 1985 and is made available as submitted to the Ministry. The views expressed are those of the authors and are not necessarily those of the Ministry of the Solicitor General of Canada. This working paper may not be published, cited or reproduced without permission of the Ministry. This workina paper is available in French. Ce document de travail est disponible en français. INTRODUCTION This is an up-date of the inventory which was first prepared by the Ministry in 1983-84. This inventory is intended to provide as complete a picture as possible of the current research and programming activities relating to Native people and criminal justice in Canada. In addition, the report includes a section on recording practices of the various components of the criminal justice system aà they relate to racial origin. An effort has been made to adhere strictly to the criminal justice area, but to be as eclectic as possible within that category. Accordingly, we have included not only research and programs aimed at Native offenders, but also those that are oriented toward diversion, policing, involvement of Natives in the criminal justice system as practitioners, and more. The research and programs are listed together under the appropriate topic areas. Research that has been completed since the beginning of 1982 is included so as to keep the inventory as current as possible. The quantity of material also dictated the time framework. Proposed research and programs have also been included. Because of the overlap between and among areas such as diversion, crime prevention and alternatives, the reader will note some overlap in this inventory. We have also singled out juveniles as a special area, so the research and programs often fall within more than one area. ■■■•■■ - ii - The programs which are listed operate to aid Native people in all areas of the criminal justice system. Some of the programs that are included are short-term, summer projects which may or may not operate each year. Others are not permanently funded, but were operating at the time that the data were collected. In these cases, an effort has been made to indicate the expiry dates. However, even where there is an expiry date, programs may be extended by the funding agency. Also included are programs which are no longer being funded so that users of the inventory can see what kind of strategies have been tried in the past. Failure of the program to meet its mandate should not be inferred from the fact that funding was not extended. The final section of the inventory relates to racial origin recording practices, as much of the current literature deals with the disproportionate numbers of Native people in conflict with the law in Canada. In order to determine the extent of this problem, it is important to know if, and how, racial origin is recorded, and how it is determined. An attempt has been made to present a comprehensive overview of the current situation in Canada. There are groups of individuals with many different mandates involved in Native criminal justice research. The federal government funds projects which are conducted by other institutions and organizations as well as undertaking work - iii - own research divisions. Provincial governments are involved in the saine way. Many universities and Native organizations are also doing research, as are other private sector groups and individuals. Graduate work within universities is another source of research activity. Programs to aid Native people who come in contact with the criminal justice system, or to help them avoid involvement, are often funded by federal and provincial monies, but administered through Native organizations. These programs range from the Brotherhoods and Sisterhoods organized for and by Native inmates, to L'il Beavers, a youth crime prevention program run by a number of friendship centres across Canada. Although considerable effort was expended on accumulating a comprehensive list of research and program activities, we realize that there are some we may have overlooked. There are also some sources with which we were unable to make telephone contact. We have tried to correct any errord or omissions that occurred when we cdmpiled the original volume. We assume that we will be informed about any further omissions. Our hope is to continue to up-date this inventory at regular intervals so that it will be possible for individuals and agen- cies working in the area to be kept abreast of activities at all times. In order to accomplish this, however, we will have to depend upon those sources to keep us informed of their activities and others of which they may know. - iv - We hope that this inventory will continue to fill a void in the area of Native people and criminal justice and be of assis- tance to researchers, program developers and those involved in policy-making. In reading the inventory, please note that we have not followed a federal/provincial/private sector breakdown but rather have listed research and programs within a criminal justice processing context. In addition, we have used a series of "special topics" in order to delineate the areas as discreetly as possible. Research is listed in chronological order. Proposed research is at the end of each section. Programs are first listed federally, then from west to east, and alphabetically by oity within each province. TABLE OF CONTENTS Page I. CRIMINAL JUSTICE PROCESSING CHAPTER 1 POLICING 1 CHAPTER 2 DIVERSION 21 CHAPTER 3 JUSTICE DELIVERY A. Generally 22 B. Courts 28 C. Courtworkers 38 D. Legal Representation 64 E. Sentencing (Including Probation, Fine Options) 67 CHAPTER 4 CORRECTIONS A. Generally 96 B. Populations 112 C. Offender Characteristics 115 D. Correctional Institution Programs 119 E. Parole ' 136 F. After-Care 141 G. Recidivism 149 II. SPECIAL AREAS CHAPTER 5 JUVENILES A. Generally 153 B. Crime Prevention 172 C. Developmental Projects 187 D. Courtworkers . 190 E. Alternatives 194 CHAPTER 6 WOMEN 198 CHAPTER 7 VICTIMS 211 CHAPTER 8 ALTERNATIVE SYSTEMS 227 CHAPTER 9 TRADITIONAL SYSTEMS 234 CHAPTER 10 LEGAL EDUCATION AND INFORMATION 241 CHAPTER 11 CRIME PREVENTION 252 2 III. GENERAL CHAPTER 12 LITERATURE REVIEWS 262 CHAPTER 13 BIBLIOGRAPHIES 263 CHAPTER 14 STUDIES ON NATIVE CRIMINAL JUSTICE ISSUES 265 CHAPTER 15 ORGANIZATIONS AND SERVICES 283 IV. RECORDING PRACTICES ON RACIAL ORIGIN 298 INDEX - By Author 302 By Program Name 305 By Research Title 308 SECTION I CRIMINAL JUSTICE PROCESSING CHAPrER 1 POLICING RESEARCH Title: POLICING ON RESERVES UP-DATE 1982 Authors: Native Counselling Services of Alberta staff Sponsor: Native Counselling Services of Alberta Contact: Marianne Nielson 5th floor Victoria Place 10009-108 Street Edmonton, Alberta T5J 3C5 (403) 423-2141 Description: This report includes a literature review, discussions of jurisdiction, non-Native controlled policing programs (e.g., the RCMP and OPP programs), Native controlled policing programs (e.g., Band constable program) and policing on reserves in Alberta. It also includes recommendations and an analysis of the recommendations put forth in the literature reviewed. This report has been published by NCSA and is available from them. Time Frame: Completed October, 1982 Title: AN EVALUATION OF THE AMERINDIAN POLICE PROGRAM Author: Woods, Gordon Consultants, Montreal Funded By: Department of Indian and Northern Affairs Contact: Bob Duncan Evaluation Branch, Corporate Policy Department of Indian and Northern Affairs 10 Wellington Street North Hull, Quebec (819) 994-1203 2 Postal Address: Ottawa, Ontario KlA OH4 Description: This is an evaluation of a Native policing