Recorded on October 31, 2012 (72 minutes) - This webinar in the Family Law Education for Women (FLEW) series looks at the high and increasing rate of Aboriginal women in prison, some root causes, and best practices for supporting Aboriginal women involved in the criminal law process. Hosted by Tamar Witelson, Legal Director, METRAC, joined by Christa Big Canoe, Legal Advocacy Director, Aboriginal Legal Services of Toronto. Watch this webinar at: http://yourlegalrights.on.ca/webinar/crisis-aboriginal-women-entangled-criminal-law

1. The Crisis of Aboriginal Women Entangled in the
Criminal Law
October 31 2012October 31, 2012
Tamar Witelson, Legal Director, METRAC
Christa Big Canoe, Legal Advocacy Director, Aboriginal Legal Services of
f il l
y
Toronto
Funded by:
Funded by:
www.onefamilylaw.ca
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2. METRAC
METRAC, the Metropolitan Action Committee on Violence Against Women
and Children
 works to end violence against women, youth and children
t f fit it b d i ti a not-for-profit, community-based organization
www.metrac.org
METRAC’s Community Justice Programy g
 provides accessible legal information and education for women and
service providers
 focuses on law that affects women, from diverse backgrounds,
especially those experiencing violence or abusep y p g
FLEW, Family Law Education for Women in Ontario
 provides information on women’s rights and options under Ontario provides information on womens rights and options under Ontario
family law
 in 14 languages, accessible formats, online and in print
www.onefamilylaw.ca
h d d f llhttp://undroitdefamille.ca/
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3. Presenters
Tamar Witelson
l Di R C
Christa Big Canoe
l d D b l lLegal Director, METRAC Legal Advocacy Director, Aboriginal Legal
Services of Toronto
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4. Topics to be Covered
1. Current Picture – Aboriginal People in the Criminal
Law System
2. Root Causes
a. Colonial History
b. Residential School System
c. Lasting Effects
d. Additional Marginalization of Aboriginal Women
3. Working with Aboriginal Women in the Criminal Law
S tSystem
4. Gladue Principles
5. Additional Resources
Accurate as of the date of this webinar presentation: October 31, 2012
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5. C PiCurrent Picture
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6. Current Picture
Aboriginal People in the Criminal Law System
 “Aboriginal”includes First Nation, Inuit, and Metis peoples
 Aboriginal people are:
–23% of the people accused of homicide
–10 times more likely to be accused of homicide than non-Aboriginal people
–4% of Canadian adults AND
• 20% of all adults in jail
• 19% of people given a conditional sentence
16% of people on probation• 16% of people on probation
 74% of Aboriginal people in prison did not have a high school
education – compared to 33% of non-Aboriginal inmates
 The proportion of Aboriginal people in custody is increasing The proportion of Aboriginal people in custody is increasing
Juristat Vol. 26, no. 3 (June 6, 2006)
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7. Current Picture
Aboriginal People in the Criminal Law System
 1 in 3 women in federal prison is Aboriginal
 average age of Aboriginal woman inmate is 34 years –
five years younger than the average age of non-
Aboriginal women inmatesAboriginal women inmates
 Aboriginal women are the fastest growing offender
populationpopulation
Juristat Vol. 26, no. 3 (June 6, 2006)
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8. R CRoot Causes
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9. Root Causes
1. Colonial History
 First European settlementFirst European settlement
 Europeans asserted political control over Aboriginal nations,
lands and peoplep p
 Aboriginal people were relocated to reserves
Di ti f l d d id tit Disconnection from lands and identity
 Indian Act designated certain people as “Indians”
 European policy to “civilize”, assimilate and eradicate
Aboriginal identity
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10. Root Causes
1. Colonial History
“I want to get rid of the Indian problem. Our object is
to continue until there is not a single Indian in
Canada that has not been absorbed The are aCanada that has not been absorbed. They are a
weird and waning race…ready to break out at any
moment in savage dances; in wild and desperate
orgies.”
- Duncan Campbell Scott, 1920p
Deputy Superintendent
Department of Indian Affairs
Government of CanadaGovernment of Canada
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11. Root Causes
2. Residential School System
 Started by churches, taken over by Canadian government
 Operated for more than 100 years
 Last school closed in mid-1990s
 Children taken from communities by threat or force Children taken from communities by threat or force
 Children forced to give up language, culture, tradition
 Children suffered physical, sexual, emotional and
psychological abuse
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12. Root Causes
3. Lasting Effects
 Loss of identity
 Loss of parenting skills
 Low educationLow education
 High unemployment
 Alcohol/drug/substance abuse
 Violence
 High rate of child protection intervention
 High suicide rateg su c de ate
 Over representation in criminal justice system
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13. Root Causes
4. Additional Marginalization of Women
 Loss of traditional roles in community
 Loss of Indian status for inter-marriage
 Domestic violenceDomestic violence
 Women forced to relocate to cities
 Urban barriers to employment and housing
 Racial and sex discrimination
 “squaw” stereotype
 Human traffickingu a t a c g
 Prostitution
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14. W ki i h Ab i i l WWorking with Aboriginal Women
in the Criminal Law Systemy
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15. Working with Aboriginal Women in the
C i i l L S tCriminal Law System
Be sensitive to context:Be sensitive to context:
 Colonialization
 Residential Schools
 Oppressive laws and policies
 Marginalization
 High rates of violence
 Combined racism and sexism
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16. Working with Aboriginal Women in the
C i i l L S tCriminal Law System
Scenario 1:Scenario 1:
Julie is a 22-year-old Metis woman who
has been charged with assault At herhas been charged with assault. At her
bail hearing, bail was denied and she will
be held in jail until her hearingbe held in jail until her hearing.
How can you help her?
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17. Working with Aboriginal Women in the
C i i l L S tCriminal Law System
Best practices:
 Ask prompting questions
 Get the narrative Get the narrative
 Don’t make assumptionsDon t make assumptions
 Explain the reason for your questionsp y q
 Take time to build trust
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18. Working with Aboriginal Women in the
C i i l L S tCriminal Law System
Best practices:
f f Remember that community is often very significant to
Aboriginal people
 Understand criminal issues affect other life issues
A k b t ’ Ab i i l it Ask about a person’s Aboriginal community
 Learn some background about the communityLearn some background about the community
 Research what resources exist in or near a person’s
itcommunity
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19. Working with Aboriginal Women in the
C i i l L S tCriminal Law System
Scenario 2:Scenario 2:
Nicole is a First Nation woman, convicted
of break and enter She has received aof break and enter. She has received a
conditional sentence, ordering her to do
240 hours of community service and to240 hours of community service and to
attend alcohol and drug addiction therapy.
How can you help?
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20. Working with Aboriginal Women in the
C i i l L S tCriminal Law System
Best practices:Best practices:
 Ask about Nicole’s community
 Talk about historic and current issues of harm
 Ask about her responsibilities in addition to the court
order
 Inquire whether there are services/supports in her
communityy
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21. Presenters
Tamar Witelson
l Di R C
Christa Big Canoe
l d D b l lLegal Director, METRAC Legal Advocacy Director, Aboriginal Legal
Services of Toronto
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22. Gl d P i i lGladue Principles
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23. Gladue Principles
Criminal Code s. 718.2(e)
A court that imposes a sentence shall also take into consideration… all
il bl ti th th i i t th t bl i thavailable sanctions other than imprisonment that are reasonable in the
circumstances … for all offenders, with particular attention to the
circumstances of aboriginal offenders.
R. v. Gladue, [1999] 1 S.C.R. 688
Section 718.2(e) directs judges to undertake the sentencing of such
ff d i di id ll b t l diff tl b th i t foffenders individually, but also differently, because the circumstances of
aboriginal people are unique.
R I l 2012 SCC 13R. v. Ipeelee, 2012 SCC 13
Sentencing judges, as front-line workers in the criminal justice system, are
in the best position... to ensure that they are not contributing to ongoing
systemic racial discriminationsystemic racial discrimination.
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24. Gladue Principles
 Applies to all Aboriginal backgrounds, on/off reserve, rural/urban
 Every time an Aboriginal person before the court might end up inEvery time an Aboriginal person before the court might end up in
custody
– Bail
– ParoleParole
– Non-criminal matters like fitness hearings; or civil contempt
 Gladue Reports (written or verbal)
– Legacy of dislocation
– Low income
– Unemployment
– Low education
– Lack of opportunities
– Substance use
– Systemic/direct discrimination
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25. Gladue Principles
Gladue (Aboriginal Persons) Court
 Pilot project in the Toronto area
 Available to all Aboriginal persons
 Voluntary Voluntary
 Court has expertise in services available for AboriginalCourt has expertise in services available for Aboriginal
persons in Toronto
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26. Presenters
Tamar Witelson
l Di R C
Christa Big Canoe
l d D b l lLegal Director, METRAC Legal Advocacy Director, Aboriginal Legal
Services of Toronto
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27. Addi i l RAdditional Resources
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28. Additional Resources
Aboriginal Legal Services Toronto (ALST)
• www.aboriginallegal.ca/
416 408 3967 416 408 4041• Toronto: 416-408-3967 or 416-408-4041
“Are you Aboriginal?”: Information about criminalAre you Aboriginal? : Information about criminal
law issues for Aboriginal Persons
• www.cleo.on.ca/en/publications/gladue
Resources for Aboriginal persons about rights
in criminal law
• yourlegalrights.on.ca/criminal-law/aboriginal-rights-in-criminal-
law
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29. Additional Resources
Aboriginal Community Resources
OntarioOntario
• http://chiefs-of-ontario.org/
• http://www.aiai.on.ca/
• http://www.anishinabek.ca/
• http://www.gct3.net/
• http://www.nan.on.ca/
• http://www.ofifc.org/ofifchome/page/index.htm
htt // tb /• http://www.onwa-tbay.ca/
National Organizations
http // afn ca/article asp?id=3• http://www.afn.ca/article.asp?id=3
• http://www.nwac-hq.org/en/index.html
• http://www.ccab.com/
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30. Additional Resources (General)
Find a community legal clinic near youFind a community legal clinic near you
• www.legalaid.on.ca/en/contact/contact.asp?type=cl
Ontario Women’s Justice Network (OWJN)
• www.owjn.org
Ontario Justice Education Network
• www.ojen.ca
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31. Additional Resources (General)
Law Society of Upper Canada Lawyer Referral Service
www.lsuc.on.ca/with.aspx?id=697
• Toll-free: 1-800-268-8326Toll free: 1 800 268 8326
• Toronto: 416-947-3330
• TTY: 416-644-4886
T lkit f d Cli t L R l ti hiToolkit for a good Client-Lawyer Relationship
schliferclinic.com/vars/legal/pblo/toolkit.htm
• Barbra Schlifer Commemorative Clinic
Ministry of the Attorney General
www.attorneygeneral.jus.gov.on.ca/english/
• Toll free: 1-800-518-7901
• TTY: 1-877-425-0575
211 Canada.ca
211canada.ca/
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32. Additional Resources (General)
Victim Crisis Assistance and Referral Services (VICARS)
• Immediate, on-site service to victims of crime 24 hours a day, 7 days a week
• Toll-free: 1-888-579-2888
• Toronto: 416-314-2447
Victim Support Line (VSL)
• province-wide multilingual toll-free information line providing a range ofprovince wide, multilingual, toll free information line providing a range of
services to victims of crime
• Services available from 8 a.m. to 10 p.m., 7 days a week in 13 languages
• Toll-free: 1-888-579-2888
• Toronto: 416-314-2447Toronto: 416 314 2447
Court Prep
www.courtprep.ca
• provides information on the Canadian legal system and prepares victims and• provides information on the Canadian legal system and prepares victims and
witnesses to give evidence
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33. Additional Resources (Family)
Assaulted Women’s Helpline
www.awhl.org
• Toll free: 1 866 863 0511; TTY: 1 866 863 7868• Toll-free: 1-866-863-0511; TTY: 1-866-863-7868
• Toronto: 416-863-0511
Legal Aid Ontario
www.legalaid.on.ca/en/getting/default.asp
• Toll-free: 1-800-668-8258; TTY: 1-866-641-8867
• Toronto: 416-979-1446 (accepts collect calls)
Family Law Information Program (FLIP)
www.legalaid.on.ca/en/getting/flip.asp
Family Law Information Centres (FLICs)Family Law Information Centres (FLICs)
www.legalaid.on.ca/en/getting/type_family.asp
Family Law Services Centres (FLSCs)
www legalaid on ca/en/contact/contact asp?type=flscwww.legalaid.on.ca/en/contact/contact.asp?type=flsc
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34. Additional Resources (Family)
FLEW (Family Law Education for Women)
• www.onefamilylaw.ca/en/resources/www.onefamilylaw.ca/en/resources/
FODF (Femmes Ontariennes et Droit de la
Famille)Famille)
• http://undroitdefamille.ca/
Resources for Aboriginal persons about
rights in criminal law
• yourlegalrights.on.ca/family-law/aboriginal-rights-in-family-law
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