Indigenous youth stuck in revolving door of justice system: StatsCan

A new report from Statistics Canada says Indigenous youth are stuck in a “revolving door” when it comes to repeat offences, which is perpetrated by factors ranging from unrealistic bail restrictions to over-policing. The paper, published Thursday, also said that the overrepresentation of Indigenous Peoples in the Justice system extends to those younger than 18 and that there were measurable differences when it came to sentencing outcomes in cases involving Indigenous youth versus their white counterparts. Data was collected between 2016/2017 and 2022/2023. Within that seven-year gap, First Nations, Métis, and Inuit defendants made up approximately 27 per cent of the youth court population, despite only forming eight per cent of minors in Canada overall. On the other hand, the report found white youth were underrepresented, accounting for only 52 per cent of defendants despite making up 60 per cent of the youth population. The imbalance was the most prominent in British Columbia and the northern territories, where Indigenous youth accounted for 43 per cent of the youth court population, nearly four times higher than what they make up of the total youth population in that entire region, which is 12 per cent. They were also overrepresented in the prairie provinces (56 per cent of the youth court population, versus 17 per cent of the total population) and Ontario (13 per cent versus 4 per cent). First Nations youth are affected the most prominently. Three quarters, or 76 per cent, of youth in the courts were First Nations, while Métis and Inuit were 19 and three per cent, respectively. There was also an imbalance when it comes to gender, according to the report. While two-thirds of Indigenous youth accused were boys, girls accounted for the remaining 34 per cent. However, only 22 per cent of white youth were female. There’s no set answer as to why there’s a dramatic difference in representation, according to the report. However, authors referenced other criminal justice research which has cited factors such as “over-policing, differential charging practices and varying access to diversionary programs and measures,” as being common. Researchers also found that factors including “differential access to and use of extrajudicial measures [non-court responses to youth crime], variations in police diversion and judicial discretion [community-based justice and counselling], and the unequal availability of culturally appropriate, community-based alternatives,” also played into how these cases are then handled before a judge. Sentencing According to the report, Indigenous youth were slightly more likely to receive a guilty decision in court, by six per cent. Additionally, they were also 18 per cent more likely to have their trial stayed. This means the trial would either temporarily or permanently be put on hold. Indigenous youth were 16 per cent less likely to get a withdrawal, dismissal or discharge compared to white youth. After receiving a guilty decision, including those which were the result of a guilty plea, Indigenous youth were 100 per cent more likely to receive a custody sentence. “This disparity persisted even when broken down by all the accused person and case characteristics,” the report noted, such as the seriousness of the charge or the person’s background and previous offences, if they existed. “Between 2016/2017 and 2022/2023, Indigenous youth with no prior convictions and with at least one prior conviction were more likely to receive a custody sentence than their white counterparts,” the report continued. “The disparity was largest among those with five or more prior convictions (+119 per cent). “These findings indicate that sentencing outcomes are not fully explained by variations in criminal history alone, suggesting that judicial decision-making involves factors beyond prior record.” It stated the results also “suggest a compounding effect,” or an accumulation, as “Indigenous youth become more entrenched in the criminal justice system.” Probation, referred to as “a less restrictive sentencing option than custody” in the report, was a less common result, as Indigenous youth were then 10 per cent less likely to receive it. Among that group, Inuit youth were the most likely to receive probation, at 72 per cent. The more common alternatives to custody were fines and community service. white youth were less likely to receive these outcomes, though, with a difference of 15 per cent. However, a solutions-based outcome appeared in the types of sentencing which were introduced under the Youth Criminal Justice Act, such as deferred custody, intensive support and supervision. These alternatives were “intended to provide community-based alternatives to custody,” according to the report, and Indigenous youth were far more likely to receive them. However, this still only accounted for a very small number of youth offenders as a whole. Only five per cent of Indigenous youth received a sentence of deferred custody and supervision. Only three per cent of Indigenous youth received a reprimand, “the least serious sentencing option available to youth,” the report states. The figures for white youth, in this case, are similar, at only two per cent. Charges and repeat offences Once in custody, researchers noted that “nearly nine in ten (89 per cent) of Indigenous youth who received a custody sentence were sentenced to six months or less, compared with 84 per cent of white youth. “On the other hand, a smaller proportion of Indigenous youth than white youth received custody sentences that were longer than six months (11 versus 16 per cent.”) This has to do with the charges themselves. Overall, Indigenous youth represented a smaller percentage of violent crimes compared to white counterparts. “Cases where a violent crime was identified as the most serious offence” were the most common among both Indigenous and white youth, according to research, but accounted for 37 per cent of Indigenous youth and 47 per cent of white youth. “Proportionally,” the report continued, “Violent offences represented a much larger share of the total caseload among white youth.” This isn’t implying white youth are more violent, but rather that Indigenous youth are more likely to be caught up in less serious and repeat offences. This difference may be a reflection on law enforcement, researchers say. “Existing research suggests that systemic biases often result in fewer diversionary outcomes (such as warnings or referrals) for Indigenous youth, who are consequently more likely than their non-Indigenous counterparts to have less serious or non-violent incidents formally charged and processed by the courts,” the report states. Property crime offences made up the next largest portion of cases among youth overall. Indigenous youth are also more likely to receive offences including failure to appear in court, breach of probation, failure to comply with a court order and being unlawfully at large, which are usually “an indication of prior involvement with the criminal justice system.” The likelihood of repeat offences is “often due to systemic barriers that result in more restrictive and unrealistic conditions for Indigenous offenders,” such as bail conditions that are more difficult to abide by. It can be more difficult to stay away from certain individuals in a small, rural Indigenous Nation, the report adds, which can result in breaches. Researchers added that “the administration of justice offences play a large role in reconvictions in both Indigenous and non-Indigenous populations,” and create a “revolving door” for those involved in the Justice system. Within the time data was collected, 35 per cent of Indigenous youth had at least one prior conviction, versus 22 per cent of white youth, within the past 10 years. It was also slightly more common for Indigenous youth to have one or two prior convictions, or three to four. But Indigenous youth with five or more prior convictions were double the percentage of white youth — 19 per cent versus nine per cent. And when it came to prior convictions for a violent offence, one in five Indigenous youth had that on their record, compared to one in seven in white youth. Read more: Justice Canada study finds own criminal courts stacked against Indigenous accused Ultimately, researchers wrote that this is “a pattern linked to longstanding disparities in policing and justice system responses.” “For instance, Indigenous youth often experience over-policing and biased charging practices, both of which increase their likelihood of early involvement with the criminal justice system … They are also disproportionately charged with administration of justice offences—often linked to more restrictive conditions and closer monitoring—which further contribute to the accumulation of prior convictions.” In its conclusion, researchers wrote that there’s no set answer as to what solutions could address the overrepresentation, as well as repeat offences, other than to add to existing supports. However, the ultimatum was that while there are supports in place to respond to the issue, it’s not enough. “While efforts to reduce the overrepresentation of Indigenous Peoples in the criminal justice system have been ongoing for years — including the application of Gladue principles, which require the consideration of systemic factors, historical trauma, and lived experiences in sentencing,” the report stated, “this study demonstrates that significant disparities in court decision and sentencing outcomes persist for Indigenous youth in Canada. “Ongoing data collection, collaborative analysis and engagement with Indigenous communities remain essential to understanding and addressing the factors that shape Indigenous peoples’ experiences within the criminal justice system.” Read the full report here. Continue Reading