Legal Scholar (University of Saskatchewan), Lawren Trotchie, conducted a statistical analysis of incarceration rates in the Prairie Provinces compared with other provincial and territorial incarceration rates. The findings of this research, published in Trotchie's MA Thesis "The Prairie Province Epidemic: A Cry for the Meaningful Inclusion of the Indigenous Perspective into the Sentencing of Indigenous People and Gladue," demonstrate how the Prairie Provinces, in particular Saskatchewan, are incarcerating Indigenous peoples at an alarming rate. The following summary is comprised of selected excerpts from Trotchie's thesis, which is publicly available for further reading through USASK.
“Out of all the Provinces, Saskatchewan and Manitoba hold the highest Aboriginal admissions at 76.2% and 73.7% respectively, when considering the total number of admissions per province. Alberta follows with 41.5%. These numbers are alarming because they indicate that these three prairie Provinces are incarcerating their Indigenous people at a much higher percentage than other provinces. This is especially true for the Provinces of Saskatchewan and Manitoba. When comparing these admission percentages to other Provinces, it becomes disturbingly clear that the prairie Provinces are experiencing what one would call an overincarceration epidemic of Indigenous people. Saskatchewan in particular is admitting its Indigenous adults at a percentage 24 times higher than Prince Edward Island, 2.4 times more than British Columbia and 6.2 times more than Ontario. Prince Edward Island’s Indigenous admission percentage sits at a low 3.2%. British Columbia and Ontario sit at 31.9% and 12.2%, respectively.”[1]
“Evidently, even though Ontario and British Columbia have more Indigenous people in total, Saskatchewan and Manitoba are admitting more of their smaller Indigenous populations to corrections. The difference in the Indigenous population percentages for Saskatchewan (16.3%), Alberta (6.5%) and Manitoba (18.0%), compared to Ontario (2.8%) and British Columbia (5.9%), does not account for the fact that the prairie provinces have drastically higher admission percentages. It is interesting to note that British Columbia (270,585), Alberta (258,640) and Manitoba (223,310) have similar Indigenous populations, and yet their Indigenous admission numbers and percentages differ substantially. While British Columbia admitted 8,829 Indigenous people in 2016/2017, Alberta admitted 19,861 Indigenous people (more than double) and Manitoba admitted 21,284 Indigenous people (almost triple). Saskatchewan has roughly 100,000 less Indigenous people than British Columbia, and yet Saskatchewan admitted 9,867 Indigenous people in 2016/2017 (over 1,000 more). Ontario on the other hand, has an Indigenous population of 374,395 and yet only 9,098 Indigenous people were admitted in 2016/2017, almost 800 less than Saskatchewan. Clearly, there is something happening in the Prairie Provinces that is causing much higher percentages of Indigenous people to be admitted. While these numbers are a serious wake up call, these are only the adult admissions.”[2]
“Saskatchewan in particular has an Indigenous youth admission percentage of 90.3% of total youth admissions. This is utterly astonishing because what these percentages are telling us is that 90.3 percent of total admissions for the years 2016/2017 were Indigenous youth. Manitoba also has a high Indigenous youth admission percentage at 74.2 % of total youth admissions. What is happening in these provinces that is causing so many Indigenous youth to be incarcerated compared to the rest of the country? This stark reality points to a larger issue in the prairie provinces regarding the younger demographic, and this issue needs immediate attention to assess the impact of the over-incarceration of Indigenous youth.”[3]
Table 4.4: Lawren, Trotchie. “The Prairie Province Epidemic: A Cry for the Meaningful Inclusion of the Indigenous Perspective into the Sentencing of Indigenous People and Gladue.” MA Thesis. University of Saskatchewan, 2022. 40-41. https://hdl.handle.net/10388/13938
“[I]ncarcerating an individual does not necessarily result in rehabilitation, but could potentially foster procriminal attitudes that could lead to increased recidivism... When sentencing Indigenous people, there is a concern that the Courts will run afoul to considering Gladue as a blanket principle, dismissing the fact that colonialism impacted every Indigenous person differently. What may impact one individual in a negative way may not be the same for the next. Some individuals may not even be aware that their background has affected their actions. That is why it is important that when the legal profession is discussing Gladue, both an individualistic and a community approach is necessary to gather the full story. As stated numerous times, Parliament’s intention when they introduced section 718.2(e) was to reduce the increasing overrepresentation of Canada’s Indigenous people in prisons. On a large scale, it is clear there is an epidemic that persists in the lives of Indigenous people and prisons, but Gladue more specifically seeks to understand why that is by drawing upon the accused’s life, their background, and their systemic factors. This is done by ensuring that each Indigenous person’s experiences are seen as unique.”[4]
“In the examination of [the] decisions [R v Arcand, R v Okimaw, R v Chanalquay , R v Lemaigre, R v J.P., R v Peters, and R v McIvor], it is clear that our Prairie courts are failing in their implementation of prong two of Gladue [sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of their Indigenous heritage or connection] which is an imperative component of sentencing for an Indigenous person. There also continues to remain a concern that the legal profession overall continues to misapply the principles of Gladue. It is recommended that in order to adequately integrate the principles of Gladue into the sentencing of an Indigenous person, the following is required: greater clarity and understanding around the case law, education regarding the application of the Gladue principles, and the inclusion of the Indigenous perspective through consultation with Indigenous people and their communities.”[5]
- Footnotes
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[1] Lawren, Trotchie. “The Prairie Province Epidemic: A Cry for the Meaningful Inclusion of the Indigenous Perspective into the Sentencing of Indigenous People and Gladue.” MA Thesis. University of Saskatchewan, 2022. 35-36. https://hdl.handle.net/10388/13938
[2] Lawren, Trotchie. “The Prairie Province Epidemic: A Cry for the Meaningful Inclusion of the Indigenous Perspective into the Sentencing of Indigenous People and Gladue.” MA Thesis. University of Saskatchewan, 2022. 36-37. https://hdl.handle.net/10388/13938
[3] Lawren, Trotchie. “The Prairie Province Epidemic: A Cry for the Meaningful Inclusion of the Indigenous Perspective into the Sentencing of Indigenous People and Gladue.” MA Thesis. University of Saskatchewan, 2022. 38. https://hdl.handle.net/10388/13938
[4] Lawren, Trotchie. “The Prairie Province Epidemic: A Cry for the Meaningful Inclusion of the Indigenous Perspective into the Sentencing of Indigenous People and Gladue.” MA Thesis. University of Saskatchewan, 2022. 81. https://hdl.handle.net/10388/13938
[5] Lawren, Trotchie. “The Prairie Province Epidemic: A Cry for the Meaningful Inclusion of the Indigenous Perspective into the Sentencing of Indigenous People and Gladue.” MA Thesis. University of Saskatchewan, 2022. 83-84. https://hdl.handle.net/10388/13938