A Brief Note On Indigenous Canada And The Canadian Criminal Justice System

Indigenous Canadians and the Criminal Justice System

The Canadian Criminal Justice System is failing Canada’s Indigenous population. As explained in The McGill Daily’s article “Canada’s Justice System is Anti-Indigenous”, Indigenous individuals are overrepresented in the justice system, further increasing their marginalization within society. The term overrepresentation essentially refers to the fact that the number of Indigenous people within the justice system is drastically disproportionate to their overall population (Editorial Board, 2022). Indigenous people in Canada already face countless forms of oppression, and the justice system is another harmful manifestation of this oppression. All of Canada’s institutions perpetuate discrimination

One main solution to reduce overrepresentation of Indigenous Canadians within the justice system is the implementation of widespread, accessible restorative justice programs. Restorative justice is essential in improving the experiences of Indigenous offenders as they are centered around Indigenous ways of knowing, which allows for a more familiar, meaningful, and equitable process (Mackinnon, 2023). These programs take a community-based approach, one that focuses on healing the offender, victim(s), and the community to limit recidivism and understand the underlying causes (i.e. poverty) that may motivate Indigenous offenders (Editorial Board, 2022; Mackinnon, 2023). Breaking down the systemic barriers facing Indigenous communities requires an environment of mutual respect, understanding, and compassion, and restorative justice makes this environment possible (Editorial Board, 2022; Mackinnon, 2023). According to Eggleton & Saint-Germain (2018), restorative justice focuses more on rehabilitation, rather than punishment, which results in a more just long term solution for all involved. Being a voluntary process, restorative justice requires the offender to take responsibility for their actions, truly understand their impact, and begin a journey of healing (Eggleton & Saint-Germain, 2018). Many Indigenous offenders are the product of their circumstances and feel helpless against the systemic hurdles they must overcome within society (Editorial Board, 2022). Restorative justice takes a less traditional approach compared to the oppressive justice system of today, enabling the Indigenous offender to be treated as a human being, and not just another statistic (Eggleton & Saint-Germain,