________ Research Brief __________ Selected Annotated Bibliography: Aboriginal Justice and Corrections Research

________ Research Brief __________ Selected Annotated Bibliography: Aboriginal Justice and Corrections Research
________ Research Brief __________
Selected Annotated Bibliography:
Aboriginal Justice and Corrections Research
This report is also available in French. Ce rapport est également disponible en français.
Veuillez vous adresser à la direction de la recherche, Service Correctionnel du Canada,
340 avenue Laurier ouest, Ottawa (Ontario) K1A 0P9. Should additional copies be
required they can be obtained from the Research Branch, Correctional Service of
Canada, 340 Laurier Ave., West, Ottawa, Ontario, K1A 0P9.
2004 N° B-30
Selected Annotated Bibliography:
Aboriginal Justice and Corrections Research
Shelley Trevethan
Nancy Steele
&
Lil Krstic
Research Branch
Correctional Service of Canada
June 2004
Aboriginal Justice Implementation Commission (2001). Aboriginal Justice
Implementation Commission final report.
•
CANADA: Outlines the work of the Aboriginal Justice Implementation Commission
established in 1999 by the Manitoba government. Mandated to review and propose
methods of implementing recommendations that the Manitoba government is accountable
as detailed in the 1991 report of the Aboriginal Justice Inquiry. The report includes 5
sections: introduction; Aboriginal rights and Aboriginal relations; community and
restorative justice; crime prevention through community development; and, concluding
thoughts. Recommends the establishment of an Aboriginal Justice Commission and a
Roundtable on Aboriginal Issues.
Alderson-Gill & Associates (1996). Study of linkages between public legal
education and information, legal aid and native courtworker programs. Report
prepared for Department of Justice.
•
CANADA: Consultations with public legal education, legal aid and native courtworker
programs to examine linkages in services.
Anand, S. (2000). “The sentencing of Aboriginal offenders, continued confusion
and persisting problems: A comment on the decision in R. v. Gladue”.
Canadian Journal of Criminology, 42(3), 412-420.
•
CANADA: R. v. Gladue (1999) is the first case in which the Supreme Court has
interpreted s.718.2(e) of the Criminal Code. The procedures and duties imposed by this
decision govern the sentencing of all adult Aboriginal offenders in Canada. Article points
out the troubling aspects of Gladue and suggests an alternative interpretation of
s.718.2(e) that better addresses the problem of Aboriginal offenders’ over-representation
in prisons while simultaneously encouraging the increased use of restorative communitybased sentencing options for them. Issues: s.718.2(e) must be read and considered in
the context of the entire section and in light of Part XXIII of the Criminal Code; particular
attention to the circumstances of Aboriginal offenders has to be subject to the
fundamental principle of proportionality; and sentencing innovation can stop the
disproportionately harsh sentences to which Aboriginal offenders are currently being
subjected. Concludes that if the Supreme Court had adopted the author’s approach, real
guidance, consistent with established principles of statutory interpretation, would have
been provided to lower courts with an approach on how to sentence Aboriginal offenders.
Atkinson, L. (1996). "Detaining Aboriginal juveniles as a last resort: Variations
from the theme". Trends and Issues in Crime and Criminal Justice, No. 64,
Australian Institute of Criminology, Canberra.
•
AUSTRALIA: Comparative analysis of Indigenous and non-Indigenous juveniles (10–17
years old) held in custody. At 21 times more likely to be held in custody in 1996, versus 17
times more likely in 1993, Indigenous youth are increasingly over-represented in the
juvenile justice system. As of June 30, 1996, Indigenous youth comprised 2.6% of the
youth population in Australia and represented 36% of all juveniles in detention (61% in
Queensland, 58% in Western Australia (WA), and 30% in New South Wales (NSW)). 87%
of detained Indigenous youth and 68% of detained non-Indigenous youth were held in
Queensland, WA, and NSW. An Indigenous youth was more likely to be detained than a
non-Indigenous youth by 41 times in Queensland, 32 times in WA, and 21 times in NSW.
Along with the narrowing of the gap between sentenced and remanded youth, the
commitment to the principle and practice of detention as a last resort is questioned.
Attempts to divert youth from the juvenile justice system, including detention, impact
differentially on Indigenous and non-Indigenous youth, with a net effect of further
3
concentrating Indigenous youth in the system. Results are presented by jurisdiction, age
group, and gender.
Auger, D.J., Doob, A.N., Auger, R.P., & Driben, P. (1992). "Crime and control in
three Nishnawbe-Aski nation communities: An exploratory investigation".
Canadian Journal of Criminology, 34(3-4), 317-338.
• CANADA: Community-based participatory research project to explore crimes and
problems of disorder in three Nishnawbe reserves in Ontario (Clear Lake, Castle Dam and
Deep River). Included: interviews with 80 community members, data from police reports
and court records. Estimates of how frequently various forms of disorder occurred varied
between communities. They also varied in whether these problems should be dealt with
by the community itself or by the police and courts. Majority thought the community should
deal with the problems. Police reports on the types of occurrences also varied across
communities and across time. Majority of the communities think that the current system is
not serving them well and should be replaced by an Aboriginal legal system. However,
some communities lack social control mechanisms and require outside assistance. The
solution has to be tailored to fit and be flexible.
Bachman, R. (1991). An analysis of American Indian homicide: A test of social
disorganization and economic deprivation at the reservation county level.
Journal of Research in Crime and Delinquency, 28(4), 456-471.
•
USA: Multivariate analysis of American Indian homicide at the reservation county level.
Tests indicators of social disorganization and economic deprivation, controlling for age
and American Indian status. Analysis were performed on 114 counties that were all or
partially located on reservation land. Two-indicator Social Disorganization Index was
constructed to measure the degree of instability in reservation communities (indicators:
percentage of female-headed American Indian families with no husband and where
children under the age of 18 years are present; percentage of American Indians who did
not live on current reservations in 1979 or 1980). Index to measure the extent of economic
deprivation on reservation communities (percentage of American Indian families below the
Social Security Administration’s defined poverty level; percentage of American Indians
unemployed; percentage of American Indians aged 16-19 years not enrolled in school and
not high school graduates). Examined homicide rates between 1980-87. Results indicate
that both social disorganization and economic deprivation contribute to high levels of
lethal violence in reservation communities.
Barlow, K. (2002). My gift to my people: Case study describing the impacts and
benefits of the Cape Dorset NU Project: “Healing and harmony in our families".
Prepared for the Board of Directors, Aboriginal Healing Foundation. AHF
Project Number: CT-411-NT/32-NT.
•
CANADA: Describes the Cape Dorset project entitled “Healing and Harmony in Our
Families”. Objectives: provide healing and training to individuals who are committed to
personal healing and who will support healing within their family and the community at
large; develop and implement a healing strategy that will include training workshops for
healers and caregivers, community awareness workshops, healing circles or gatherings
for women, teens, Elders and men; and plan and deliver healing camps on the land at
least once a year for targeted groups, including youth, women, men, Elders and families.
Outlines potential indicators of change including Aboriginal Healing Foundation (AHF)
chosen social indicators: physical abuse; sexual abuse; incarceration rates; suicide; and
children in care. The Baffin region shows the highest male suicide rate in Nunavut at
133.9 per 100,000. Conclusions: short-term outcomes suggest that progress is being
made in a number of areas: increased skill and capacity of caregivers to support healing
within their family and community; increased capacity to effectively manage individual and
4
family crisis; strong, effective Community Healing Team; overcoming powerlessness and
hopelessness; and increased sense of pride in culture and spirituality as it relates to
healing.
Barnes, G.E. (1985). “Canadian Indian health: A needs assessment project”.
Canadian Journal of Native Studies, 5(1), 47-73.
•
CANADA: Discusses health indicators utilized in comparing Aboriginal and non-Aboriginal
health status have been: life expectancy and mortality rates (Aboriginal lower), infant
mortality (Aboriginal higher), specific disease incidence and prevalence rates (TB,
dysentry, hepatitis), hospitalization (Aboriginals use hospitals 2.5 times more than national
population), and incidence of accidental and violent deaths (higher among Aboriginals).
Health needs of Manitoba Indians were assessed using: surveys of social and health
indicators and analyses of these with such factors as hospitalization rates; and
questionnaires administered to key informants from 34 communities. Health problems
were judged to be most serious by Indian respondents living in the most acculturated
community, Winnipeg. Suggest that acculturation may provide a mixed blessing for
Aboriginal people - although some of the advances of western civilization (e.g.,
immunization) may be beneficial, other advances may be of questionable benefit and may
place Aboriginal people at greater health risk.
Barsh, R.L. (1994). “Canada’s Aboriginal peoples: Social integration or
disintegration?” Canadian Journal of Native Studies, 14(1), 1-46.
•
CANADA: Although Canada ranks highest in the world on the United Nations “Human
Development Index,” Aboriginal Canadians rank much lower. Reviews current statistical
data to demonstrate inequalities and to suggest the extent of negative feedback among
poverty, health and social structure. Examines: Aboriginal population (size, growth, age
structure, geographic distribution, migration and urbanization); resource endowments;
income and occupations (labour force, unemployment, occupations and wage parity,
trends in growth and poverty); health status (infant mortality, adult mortality and morbidity,
infectious diseases, health and changing lifestyles, access to health facilities, housing and
water supply, environmental hazards); linguistic and cultural integrity; schooling; family
break-up, childcare and adoption; chemical dependencies and mental illness; violence
against self and others; criminalization; government services and transfer payments;
political rights and empowerment. Conclusion notes some of the implications for social
development policy.
Basky, G. (1999). “Gene defect driving diabetes epidemic on Ontario reserve”.
Canadian Medical Association Journal, 160(12), 1692.
•
CANADA: Discusses a gene mutation in Aboriginal people living on a reserve in Northern
Ontario that has catapulted the community's rate of non-insulin-dependent diabetes to the
third highest in the world. In earlier days, there was a survival benefit to this mechanism,
but now it results in obesity leading to complications like high blood pressure and
diabetes.
Beauvais, F. (1992a). “Comparison of drug use rates for reservation Indian, nonreservation Indian and anglo youth”. American Indian and Alaska Native
Mental Health Research, 5(1), 13-29.
•
USA: Rates of drug use and involvement were compared for three groups: Indian youth
living on reservations, Indian youth living off reservations and Anglo youth. A consistent
pattern emerged, showing the lowest rates of use among Anglo youth, higher rates among
non-reservation Indian youth, and the highest rates among Indian youth on reservations.
Rates of tobacco use, both smoked and smokeless, and marijuana use are especially
high for Indian youth. Indian youth also show a pattern of earlier initiation to drug use.
5
Gender differences reveal slightly higher rates of use for males, although the differences
are not great enough to suggest that prevention efforts for males should have a higher
priority.
Beauvais, F. (1992b). “Trends in Indian adolescent drug and alcohol use”.
American Indian and Alaska Native Mental Health Research, 5(1), 1-12.
•
USA: Trends in overall drug use among Indian and non-Indian youth have followed similar
patterns, increasing from 1975 to the early 1980s and, for the most-used drugs, declining
since then. At every point in time more reservation Indian youth are involved with drugs
than non-Indian youth. Rates for cocaine and hallucinogen use by Indian youth increase
until 1990. The decline in overall drug use has occurred because a considerable number
of moderate users have shifted to non-use. There has been no decrease in the proportion
of high-risk users; since 1980, it has stayed between 17% and 20%. Societal changes and
prevention programs are reaching casual drug users but not those susceptible to heavy
drug involvement.
Beavon, D., & Norris, M. (1999). Dimensions of geographic mobility and churn in
social cohesion: The case of Aboriginal peoples. Strategic Research,
Department of Indian Affairs and Northern Development.
•
CANADA: Presentation which examines the theory that because of the attachment
Aboriginal people have to the land and their home communities, their attachment to urban
cities will be tenuous resulting in weak social cohesion bonds, high rates of churn, and
extensive social problems. Mobility rates from 1991-96 show that 38% of Aboriginal
people from reserves moved compared to 66% off-reserve and 43% for the Canadian
population, with the majority of movers, Aboriginal and non-Aboriginal alike, between 15
and 35 year of age. Of a total of 87,400 Aboriginal migrants, 62% move off-reserve to offreserve with the main reasons for moving split relatively evenly between family, housing,
and employment. In contrast, the 9% that moved to a reserve overwhelmingly did so for
family reasons (about 44%) and of the 25% that moved off a reserve primarily did so for
family (about 34%) followed by education (about 27%) and housing (about 25%).
Saskatoon saw the majority of movement (both in and out), followed by Calgary. However,
of the top 10 Canadian cities, only Saskatoon, Thunder Bay, and Ottawa-Hull saw a
positive net migration. Uses Winnipeg as a case study of churn. Factors related to urban
churn include the high state of flux of Aboriginal population, housing issues, poverty
levels, and labour force issues. Concludes that the current housing crisis and shortage of
job opportunities in Aboriginal communities, combined with the growth of the working age
population, will likely generate increasing pressures to migrate from reserves.
Bell, A., & Crutcher, N. (2002). "Health issues facing Aboriginal offenders".
FORUM on Corrections Research, 14(2), Correctional Service of Canada.
•
CANADA: Describes the health issues facing Aboriginal people in Canada generally and
how this may impact specifically on Aboriginal offenders. Points to the need for research
on the health of Aboriginal offenders.
Bennet, N. (2000). "Improving partnerships with Aboriginal communities". Forum
on Corrections Research, 12(1), 5-6.
•
CANADA: Describes CCRA sections 81, 84, 84.1; and how CSC corporate commitments
take into account Aboriginal offenders.
6
Bennett, S.K., & Subia BigFoot-Sipes, D. (1991). "American Indian and white
college student preferences for counselor characteristics". Journal of
Counseling Psychology, 38(4), 440-445.
•
USA: Compared counsellor preferences among American Indian (n=73) and white (n=81)
college students when facing academic or personal problems. Results: both white and
American Indian students preferred counsellors with similar attitudes and values as
themselves. Similar ethnicity was more important for American Indians than white
students, particularly those with a stronger sense of involvement with American Indian
culture. Dissimilar characteristics selected more frequently for academic problems, similar
attributes preferred for personal problems.
Benson, G.F. (1991). Developing crime prevention strategies in Aboriginal
communities. Solicitor General of Canada, No. 1991-12, Cat. JS4-1/1991-12.
•
CANADA: Handbook to provide police practitioners with a guide to using the problemoriented policing approach in Aboriginal communities. Approach provides: one means by
which the police and the Aboriginal communities can work together to identify and address
problems, while respecting the limitations that are placed on both by legal, cultural, and
socio-economic factors; and a means to identify sources of information and other factors
which may assist the development of crime reduction strategies in Aboriginal
communities. Intended for use by Aboriginal and non-Aboriginal officers serving Aboriginal
communities. Includes two sections: a summary description of the problem-oriented
policing approach to crime reduction; and a guide to the application of the approach in
reducing crime in Aboriginal communities, including its processes, procedures and
strategies. Details four stages: defining and identifying problems; analysis of problems;
developing a response to the problem; and implementing and evaluating responses.
Objective: to help foster a better understanding of Aboriginal communities and the issues
that affect crime-related problems in those communities.
Bergob, M.J. (1993). Inventory of Aboriginal data holdings of Statistics Canada.
Target Groups Project, Housing Family and Social Statistics Division,
Statistics Canada.
•
CANADA: Guide to sources of data on Aboriginal people collected at Statistics Canada.
Describes comprehensive data sources, such as Census and post-censal Aboriginal
Peoples Survey, as well as more topic-specific data sources.
Bernier, R. (1997). The dimensions of wage inequality among Aboriginal peoples.
Report No. 109, Business and Labour Market Analysis, Statistics Canada.
•
CANADA: Confirms wage gap between Canadian workers as a whole and those of
Aboriginal origins. Also found greater disparity in the distribution of wages among
Aboriginal people than among Canadian workers as a whole, even after allowing for
demographic differences. Results show that North American Indians living on reserves are
the most disadvantaged Aboriginal group because their earnings are substantially lower
than those of the other groups.
Berry, J.W. (1999). “Aboriginal cultural identity”. Canadian Journal of Native
Studies, 19(1), 1-36.
•
CANADA: Paper draws upon concepts, data and analyses in one report commissioned by
the Royal Commission on Aboriginal Peoples. Argues that intercultural contact between
Aboriginal and non-Aboriginal peoples in Canada has initiated a process of acculturation
(at both the cultural and psychological levels) during which Aboriginal peoples have
experienced cultural disruption, leading to reduced well-being and identity confusion and
loss. The key to re-establishing a sense of well being and a secure cultural identity resides
7
in restructuring the relationships between these two communities. Discusses concept of
cultural identity; reviews process and consequences of intercultural contact; provides a
summary of the main findings; and discusses their implication for policy and programs.
Method: individuals in 10 learning circles from a variety of communities comprised of 10
to 12 persons each (116 participated). Findings: National survey data show a fairly high
degree of behavioural expression, which varies substantially across groups. Can be
interpreted as showing major behavioural cultural identity loss with degree of EuroCanadian contact: Language use (total adult population) - 64% Indian On-Reserve, 23%
Indian Off-Reserve, 17% Métis and 75% Inuit were able to use their Aboriginal language.
Similar result for children: 44%, 9%, 5%, and 67%, respectively. Pattern is repeated in
Participation in traditional Aboriginal activities (food, dress, music and crafts) - adult
participation rates were 65%, 45%, 40% and 74%; child participation rates were 57%,
39%, 29% and 70%, respectively. Behavioural expression - moderately high level of
behavioural expression existed: two scores across the 10 groups were 4.80 and 5.98 out
of 7.0. Self-esteem - overall rating of self-esteem was very positive with a mean of 6.42.
Aboriginal Identity - desire for maintenance of one’s Aboriginal identity was rated at 6.41.
Identity Confusion - identity confusion was evident in 37 participants out of 114. Events
and experiences that influenced participants’ identity: positive experiences with the land,
traditional culture, social relations and family; and negative experiences with addictions,
prejudice, residential schools and government institutions. Conclusions: cultural identity
issues are clearly important to participants, and at the level of self-perception, participants
have a very clear view of themselves as Aboriginal persons. Need to eliminate current
domination by Euro-Canadian culture and heal wounds of past domination.
Bewley, A.R. (1995). "Re-membering spirituality: Use of sacred ritual in
psychotherapy". In J. Ochshorn and E. Cole (eds.) Women’s spirituality,
women’s lives (pp. 201-213). Keene, NH: Haworth Press Inc.
•
USA: Discusses the value and process of reimbuing therapeutic ritual with the sacred.
Addresses three themes: ritual in family therapy; themes in feminist theology; and
women’s spirituality. Rituals work with symbols that can be powerful on the subconscious
mind. Sacred ritual can serve to heal, empower, and change consciousness and
behaviour. The role of the therapist is to help the client reconnect with an understanding
and experience of the sacred that works for her and to implement that experiences into
the therapeutic setting.
Birkenmayer, A.C., & Jolly, S. (1981). The Native inmate in Ontario. Ministry of
Correctional Services Ontario.
•
CANADA: Report examines problems faced by Aboriginal persons serving time in the
Ontario correctional system. Sample of 66 females and 447 males - survey provides a
profile of the offenders and problems they say they are facing.
Bittle, S., & Quann, N.L., Hattem, T., & Muise, D. (2002). A one-day snapshot of
Aboriginal youth in custody across Canada. Research and Statistics Division,
Department of Justice Canada.
•
CANADA: One-day snapshot of all Aboriginal youth in provincial and territorial custody
(open, secure, remand) on May 10, 2000 (n=1,144). Provides information on: where
Aboriginal youth lived prior to being charged or committing their offence; where they were
charged or committed their offence; and where they plan to relocate upon release. Found:
75% First Nations, 16% Métis, 3% Inuit, and 2% Inuvaluit; 82% male; 94% spoke English;
42% in secure custody, 40% in open custody, 27% on remand; 48% incarcerated for a
property offence and 37% a crime against a person; 53% lived in a city during the 2 years
preceding the current admission, 23% on reserve, 21% in a town and 1% in an Inuit
community; 57% committed the offence in a city, 23% in a town and 17% on a reserve
8
and 1% in an Inuit community; 54% plan to relocate to a city upon release, 21% to a
reserve, 20% to a town and 1% to an Inuit community.
Blagg, H. (1997). "A just measure of shame? Aboriginal youth and conferencing
in Australia". British Journal of Criminology, 37(4), 481-506.
•
AUSTRALIA: Explores limitations of reintegrative shaming and family group conferencing
as practiced in Australia. Current practices represent a shaming ceremony rather than a
strategy of empowerment - questions the viability of shaming as a solution to Aboriginal
over-representation. Wagga model adopted from Maori experiences imposes a
westernized interpretation of Maori justice reform and crime is reduced to a positivistic and
behavioural level. Practice of Wagga model has led to increased extension of police
powers and discretion over Aboriginal youth. Addresses issue - to what extent can police
represent neutral territory to Aboriginals with a history of exclusion and marginalization?
Doubtful that Aboriginals are part of the "community" as defined in police-led reintegration
ceremonies and Aboriginal cultures may not operate within a shaming paradigm of social
control as practiced in conferences. The use of shaming ceremonies as a solution to
Aboriginal crime assumes Aboriginal cultures understand the concept of shaming,
incorporate social status in their lifestyle, and operate under the same patterns of authority
and socialization as practiced in Western/European societies. Shaming ceremonies
impose non-indigenous practices on Aboriginal peoples rather than reinforcing universal
cultural values. No guarantee that a conference system will reduce recidivism or produce
more victim satisfaction. Explains the practice of, and model behind, Juvenile Justice
Teams in Western Australia, including difficulties in involving Aboriginal youth and their
families in the conference process.
Blanchette, K., Verbrugge, P., & Wichmann, C. (2002). The Custody Rating
Scale, initial security placement, and women offenders. Research Report R127, Correctional Service of Canada.
•
CANADA: Examines the Custody Rating Scale (CRS) for Aboriginal women. Found that
the over-representation of Aboriginal women at higher levels of initial security level
designation is attributable to pre-admission characteristics (severity of offences, incident
history, alcohol abuse) on CRS items. The CRS demonstrated predictive validity for
Aboriginal women offenders. Classification over-rides did not appear to play a role in the
disproportionate number of Aboriginal women offenders in higher security.
Boe, R. (2000). "Aboriginal inmates: Demographic trends and projections".
Forum on Corrections Research, 12(1), 7-9.
• CANADA: Examines research on Aboriginal offenders in the Canadian federal correctional
system and Aboriginal people in the general Canadian population. Findings reveal that
Aboriginal people are much younger and growing at a faster rate than the general
Canadian population. There also appears to be an increase in the concentration of
Aboriginal peoples in larger cities. Aboriginal people in federal inmates were found to
over-represented, especially as you move from east to west across Canada. The Prairie
provinces had the largest over-representation.
Bonta, J. (1989). "Native inmates: Institutional response, risk, and needs".
Canadian Journal of Criminology, 31(1), 49-62.
•
CANADA: Examines response of the criminal justice system to Aboriginal offenders and
recidivism factors (risk and need factors). A standard risk/needs assessment instrument
(LSI) was given to Aboriginal and non-Aboriginal inmates (n= 52 Aboriginal, 74 nonAboriginal). Offenders were classified regarding security level (minimum, medium and
maximum), transferred to the appropriate facility and followed-up for one year. No
significant difference in sentencing between Aboriginal and non-Aboriginal nor did the
9
courts show racial bias in making halfway house and treatment recommendations. No
difference in the actual length of confinement for each group and alcohol and/or drug
abuse problems as assessed by LSI and collateral information predicted parole outcomes
for Aboriginal but not for non-Aboriginal. The LSI total score predicted misconduct, parole
violation and re-incarceration for both groups. Within one year post-release, almost half
were re-incarcerated for new offences or parole violations and rates were almost identical
for Aboriginal versus non-Aboriginal offenders. When re-incarcerated, non-Aboriginal
offenders were convicted of more offences than Aboriginal offenders.
Bonta, J., Harman, W.G., Hann, R.G., & Cormier, R.B. (1996). "The prediction of
recidivism among federally sentenced offenders: A re-validation of the SIR
scale". Canadian Journal of Criminology, 38, 61-79.
•
CANADA: Examines the Statistical Information on Recidivism (SIR) scale used to predict
recidivism. Focus of this study is to re-validate the reliability of the SIR in predicting violent
recidivism. Sample were 3,267 federal male inmates released during 1983-84 - 86%
Caucasian and 9% Aboriginal. Nearly half of the inmates were released on full parole and
the other half on mandatory supervision. The SIR continued to demonstrate stable
predictive ability for general recidivism. Violent recidivism was predicted using the SIR but
previous studies found higher predictive value using the Statistical Risk Appraisal Guide
(SRAG). Although the breakdown of offenders was included in the description of the
participants, further analysis of difference and/or similarities between Caucasian and
Aboriginal offenders was not provided.
Bonta, J., LaPrairie, C., & Wallace-Capretta, S. (1997). Risk prediction and reoffending: Aboriginal and non-Aboriginal offenders. Canadian Journal of
Criminology, 39(2), 127-144.
•
CANADA: Focuses on factors related to Aboriginal offender recidivism through analysis of
an actuarial risk scale with particular attention paid to different groups of Aboriginal
peoples. Randomly sampled probationers from Manitoba between 1986 to 1991 (included
males and females) and followed-up for three years from termination of probation (n= 513
non-Aboriginal and 390 Aboriginal offenders). Aboriginal sample was further divided into
Métis, “treaty-on” and “treaty-off”. Results indicated that Aboriginal offenders differed from
non-Aboriginal offenders on almost all the personal demographic and criminal history
variables. Aboriginal offenders were more likely to be unemployed, less educated, and
more likely to have prior convictions, probation breaches and convictions for a violent
crime. Among the Aboriginal sub-groups, “treaty-off” probationers had the highest
unemployment rates. Both “treaty-off” and Métis offenders when compared to “treaty-on”
offenders had more extensive histories of prior convictions, probation breaches and were
more likely to have committed a property offence. Within three years of completing
community supervision, more than half of the probationers were re-convicted of a new
offence or technical violation and Aboriginal offenders re-offended at a higher rate than
non-Aboriginal offenders. “Treaty” offenders had a significantly higher re-offending rate
than Métis. Scores on the Manitoba risk-needs assessment instrument were significantly
related to recidivism for Aboriginal and non-Aboriginal offenders with the exception of
family/marital, mental ability and academic/vocational measures. Conclude that Manitoba
Risk/Needs Scale is valid in predicting re-offending among offenders and that the
similarities between Aboriginal and non-Aboriginal offenders is greater than previously
thought.
10
Bonta, J., Lipinski, S., & Martin, M. (1992). "The characteristics of Aboriginal
recidivists". Canadian Journal of Criminology, 34(3-4), 517-521.
•
CANADA: Examined re-offending from a federal database established by the Solicitor
General of Canada - information from 282 male Aboriginal offenders. Property-related
crimes were the most frequent reason for being incarcerated followed by person-related
offences. Overall recidivism rate was 66% and only five variables showed any predictive
validity: offence type, prior convictions, prior incarcerations, age at first conviction, and
sentence length. Aboriginal offenders who served shorter sentences were more likely to
recidivate than those who served longer ones. However, when the five variables were
subject to a multiple regression analysis, it produced a multiple R of only .32 that would
render a decision-making failure error rate unacceptably high.
Brady, M., Dawe, S., & Richmond, R. (1998). “Expanding knowledge among
Aboriginal service providers on treatment options for excessive alcohol use".
Drug and Alcohol Review, 17, 69-76.
•
AUSTRALIA: Approaches to the prevention of alcohol problems among Aboriginal people
in Australia have tended to emphasize primary and tertiary prevention, while neglecting
secondary prevention or early intervention. Report presents findings on the use of
secondary (brief) interventions from 29 agencies providing services to Aboriginal people.
Aboriginal people see themselves as either drinkers (usually heavy drinkers) or
abstainers. New South Wales town survey found 20% versus 10% of Aboriginal men and
women were categorized as “responsible drinkers” (60% of men and 43% of women who
drank). Secondary prevention, in the form of one-to-one advice given in general practice
or hospital settings is effective in reducing alcohol consumption among excessive
drinkers. Method: Interviewed 178 agencies throughout Australia on strategies to teach
clients to control their drinking (Dawe & Richmond). Twenty-nine provided a service
primarily for Aboriginal people: 18 were Aboriginal-controlled organizations; 10 were
state/territory services; and one was a non-governmental Christian agency. Categorized
agencies based on an affirmative response to the question “Do you offer advice about
controlled drinking?”. Results: Fifteen offered a program based solely on abstinence
goals. Fourteen offered a range of treatment options including referral to residential
rehabilitation centres, harm minimization information and controlled drinking as a
treatment goal. Of the state-run (and one non-governmental Christian) agencies, nine of
11 offered a range of treatments while only 5 of 18 community-controlled agencies offered
a similar range. This difference is statistically significant. Aboriginal community-controlled
agencies were more likely to offer a limited range of treatment options (primarily
abstinence-oriented). Conclusion: Harm minimization is already actively pursued in
numerous Aboriginal prevention programs such as night patrols, sobering-up shelters and
curbs on supply. Motivating individuals to consider their drinking before its impact
becomes destructive need not be associated with either abstention or controlled drinking –
that decision is up to the client.
Brant, C. (1993). Communication patterns in Indians: Verbal and non-verbal.
Annals of Sex Research, 6, 259-269.
•
CANADA: Mental health professionals assessing Aboriginal offenders find them passive,
difficult to assess and not forthcoming. The behaviour, which reflects the influence of
Aboriginal culture, is frequently misinterpreted by clinicians unfamiliar with the culture as
evidence of psychopathology, deviousness, dishonesty and deliberate attempts to
misinform the assessor. In fact, the Aboriginal person is behaving according to a
complicated set of rules and expectations of his own culture, which make him present in
such a fashion that his behaviour is misinterpreted as dishonest. Article discusses verbal
and non-verbal communication patterns in Aboriginals in assessment situations.
Misinterpretations of behaviour can lead to misperceived errors in diagnosis, formulation,
and treatment. Aboriginal rules of behaviour identified (non-interference, lack of
11
competitiveness, emotional restraint, sharing principle, Indian time, rarely show gratitude
or approval, and Indian protocol). Shyness is addressed from a biological, psychological
and social perspective. Incidence of shyness approaches 80% to 90% in Aboriginal
population. Hypothesis links self-medicating with alcohol to alleviate shyness and the high
rate of alcoholism in the Aboriginal population. Alcoholism requires treatment in order to
treat the incidence of sexual assault in the Aboriginal population.
Brant, C. (1990). Native ethics and rules of behaviour. Canadian Journal of
Psychiatry, 35, 534-539.
•
CANADA: Psychiatrists assessing Aboriginal children and adolescents often find them
passive, difficult to assess and not forthcoming. This behaviour, which actually reflects the
influence of Aboriginal culture, is often misinterpreted by clinicians as evidence of
psychopathology. Article discusses Aboriginal Canadian’s cultural heritage to provide
context to help mental health professionals understand and deal with Aboriginal patients
with greater sensitivity and accuracy. Observations compiled during 24 years of medical
practice and association with the Iroquoian groups of southern Ontario and Quebec,
Ojibway of southern Ontario and Swampy Cree of James and Hudson’s Bay. Presents
patterns of conflict suppression, conflict projection and the humiliating superego in their
historical and cultural perspective. Practices originated as techniques of ensuring group
unity and cohesion essential for survival in a hostile environment. Aboriginals established
conflict suppression through practice of 8 principles (non-interference, noncompetitiveness, emotional restraint, sharing, Aboriginal concept of time, Aboriginal
attitude towards gratitude and approval, Aboriginal protocol). Traditional Aboriginal ethics
and rules of behaviour as practiced in child rearing will continue to have significant
implications for Aboriginal mental health.
Broadhurst, R. (1997). "Aborigines and crime in Australia". In M. Tonry (ed.)
Ethnicity, crime, and immigration: Comparative and cross-national
perspectives, Volume 21 (pp. 407-468). Chicago: University of Chicago Press.
•
AUSTRALIA: Overview of current state of crime and imprisonment in Australia relative to
different experiences of Aborigines. Statistics for Western Australia: Aborigines are 16
times more likely to be victims of homicide and 6.5 times more likely to report crimes
against the person to police than non-Aborigines. Aborigines are 9.2 times more likely to
be arrested, 6.2 times more likely to be imprisoned by lower courts, 23.7 times more likely
to be imprisoned as an adult, and 48 times more likely to be imprisoned as juveniles than
non-Aborigines. Increased overrepresentation from arrest to imprisonment appears largely
a function of high levels of recidivism among Aborigines: 88% male Aborigines compared
to 52% of non-Aborigines rearrested and 75% Aborigines compared to 43% of nonAboriginal males return to prison at least once. States with a high Aboriginal “cultural
strength” and socio-economic “stress” index are most punitive. “Cultural strength”,
“stress", and “imprisonment” are highly correlated and associated with those States with
the most “frontier” characteristics.
Broadhurst, R.G., & Maller, R.A. (1992). "The recidivism of sex offenders in the
Western Australian prison population". British Journal of Criminology, 32(1),
54-80.
•
AUSTRALIA: Examined the degree to which known sex offenders can be characterized as
'specialists'. Subjects were derived from a computerized prisoner record for all prisoners
released for the first time from Western Australian prisons from 1975 to 1987. Total of 560
male offenders were identified (imprisoned for sex offences as their major offence at any
stage of their recorded 'careers'). The general characteristics of these offenders did not
differ markedly from those of the general prison population. Results indicated that the
probability of recidivism (defined as return to prison for any offence) was about 75% for
12
Aborigines and 45% for non-aborigines. Furthermore, recidivist sex offenders tended to
engage in 'general' re-offending rather than 'specialists' in offence preferences.
Broadhurst, R.G. & Maller, R.A. (1990). "The recidivism of prisoners released for
the first time: Reconsidering the effectiveness question". Australian and New
Zealand Journal of Criminology, 23, 88-104.
•
AUSTRALIA: Describes recidivism rates of offenders (N=16,381) incarcerated in Western
Australian prisons between 1975 to 1987. Male Aboriginal offenders (76%) had higher
rates of recidivism than non-Aboriginal offenders (45%). Recidivism rates for female
Aboriginal offenders (69%) were higher than non-Aboriginal (36%) females. Younger
prisoners had a much higher probability of re-offending in both Aboriginal and nonAboriginal populations. However, the Aboriginal population was much younger than the
non-Aboriginal population (39% versus 18%). For non-Aboriginal offenders, lower rates of
recidivism were associated with more schooling and employment qualifications. The
number of Aboriginal offenders with more than ten years of schooling was too small to
determine a reliable and valid recidivism rate. About 19% of non-Aboriginal and 8% of
Aboriginal offenders were employed at the time of arrest. Longer prison sentences were
associated with lower recidivism rates for non-Aboriginals, but not for Aborigines.
Seriousness of offence did not appear to be related to Aboriginal offender recidivism, with
the possible exception of drinking and driving, which had lower rates. Finally, negative
behaviour in the prison did not significantly affect the probability of recidivism.
Brodeur, J.P., & Leguerrier, Y. (1991). Justice for the Cree: Policing and
alternative dispute resolution. The Grand Council of the Crees (of Quebec).
Cree Regional Authority.
•
CANADA: Part of a larger body of research, “Justice for the Cree”. Explores the need to
reform the justice system for the 9 James Bay Cree communities in Northern Quebec.
Literature review outlines general justice, crime, and policing issues, reviews current
policing procedures and attitudes in Cree communities through interviews with Cree
constables and non-Cree justice personnel, and discusses alternative approaches to the
resolution of disputes and sentencing. Concludes that reform is required and proposes a
model which involves: the principles of public/community informal justice and integration
of justice/community services; having police act as catalysts for the community;
cooperation among all Aboriginal groups to establish structures, bodies, and institutions
that may be outside the reach of any one small Aboriginal community; and, a period of
transition to allow Aboriginal communities to develop the expertise and material resources
which they currently possess in varied degrees.
Campbell, A. (1989). Vancouver police department/native Indian liaison program:
Analysis of the manually collected data base. Prepared for Vancouver Police
Department.
•
CANADA: Analyzed existing manually collected data that were available from the
Vancouver Police/Native Liaison Program.
Campbell Research Associates (1994). Evaluation of the Nishnawbe-Aski Legal
Services Corporation: Final Report. Submitted to the Evaluation Steering
Committee, Nishnawbe-Aski Legal Services Corporation, Ministry of the
Attorney General of Ontario, Ontario Legal Aid Plan, Department of Justice
Canada.
•
CANADA: Evaluation of the Nishnawbe-Aski Legal Service Corporation (NALSC) following
its first three years of providing legal services, paralegal services, public legal education
and law reform to 48 fly-in/road access Nishnawbe-Aski communities in Northern Ontario.
13
Reviews background on the development of the NALSC and provides detailed analysis
and recommendations pertaining to all NALSC operations, management practices and
service provision. While a cost-effectiveness analysis was not possible, the evaluation
examines allocation and distribution of costs among service activities. Concludes that the
justice needs of the target population are best served by the multi-service model in place,
noting significant accomplishments of the NALSC over its brief existence.
Recommendations address issues related to improvements in operations, growth and
expansion of service, and the need for strategic planning.
Canadian Centre for Justice Statistics (2001). Aboriginal peoples in Canada.
Statistics Profile Series, Statistics Canada, Catalogue No. 85F0033MIE.
•
CANADA: Provides descriptive socio-demographic and criminal justice characteristics
associated with Aboriginal people. Data drawn from 1996 Census, General Social Survey,
Alternative Measures Survey, Youth Custody and Community Services Survey, Adult
Corrections Survey.
Canadian Centre for Justice Statistics (2000). Aboriginal peoples in Canada.
CCJS Diversity Group Profile Series, Statistics Canada.
•
CANADA: Provides data on Aboriginal people. Includes: population; regional distribution;
urban/rural; age; family status; educational attainment; language; employment; income;
victimization; satisfaction with police, courts, prison, parole; alternative measures;
custody; demographics.
Canadian Centre for Justice Statistics (1998). "An overview of data on Aboriginal
peoples". Bulletin.
•
CANADA: Graphical overview of socio-economic conditions of Aboriginal peoples in
Canada using data from Statistics Canada and the Canadian Centre for Justice Statistics
sources.
Canadian Criminal Justice Association (2000). Aboriginal peoples and the
criminal justice system.
•
CANADA: Reviews historical and socio-economic conditions that altered the Aboriginal
way of life and contributed to high levels of Aboriginal incarceration. Examines Aboriginal
peoples’ concerns with present judicial system and reviews several Aboriginal justice
programs. Explains how those factors contributed to disproportionate levels of Aboriginal
incarceration, poverty, unemployment, alcohol abuse, domestic violence, and to the
absence of stable business infrastructures. Aboriginal people make up approximately 3%
of the Canadian population and 16% of Canada’s offender population. Federal, provincial
and territorial governments attempt to make the justice system more responsive and
culturally sensitive to Aboriginal needs and to reduce the rate of Aboriginal incarceration.
Resolution of many Aboriginal struggles with the judiciary could result from returning the
mechanisms of control back to First Nation communities. Report poses 17 issues for
further consideration and discussion.
Carcach, C., Grant, A., & Conroy, R. (1999). "Australian corrections: The
imprisonment of indigenous people". Trends and Issues in Crime and Criminal
Justice, No. 137, Australian Institute of Criminology, Canberra.
•
AUSTRALIA: According to the Royal Commission into Aboriginal Deaths in Custody, the
disproportionate level of Aboriginal deaths in custody in the 1980’s was a result of their
disproportionate level of incarceration, rather than systematic patterns of four play or
deliberate violence on the part of police or prison officers. Using data from National Prison
Census, the report examines trends and characteristics of Aboriginal and Torres Strait
Islander prisoners from 1988 to 1998 (trends, major features of prison population,
14
characteristics). Findings: indigenous prison population has grown faster than nonIndigenous. Disproportionate involvement has been explained by differences in levels and
patterns of offending compared to other Australians; and lifestyle differences (social and
economic disadvantaged).
Chaimowitz, G. (2000). “Aboriginal mental health moving forward”. Canadian
Journal of Psychiatry, 45(7), 605-607.
•
CANADA: Given that Canada's population would suggest a need for more than 100
psychiatrists of Aboriginal ancestry, it is safe to say that for many years psychiatric
services will be provided to Aboriginal peoples by non-Aboriginal psychiatrists. To remedy
this, recruitment strategies will need to address historical imbalances and understand the
factors behind the under-representation of minority groups within our ranks. Diversity
within Canada's Aboriginal peoples - First Nations, Inuit and Métis - would be diminished
by a unidimensional approach. Aboriginal concepts of problem-solving, reparative justice
and healing can contribute a great deal to our own set of experiences and knowledge
base.
Chandler, M. (1995). Review of the Mackenzie court workers services.
•
CANADA: Review of the Mackenzie court workers services in terms of current structure
and function, effectiveness of those structures and recommendations. Found organization
was in disarray (staff turnovers, loss of clear vision). Also found organization was carrying
an administrative burden disproportionate to its size. Recommends forming multiple legal
services clinics.
Clairmont, D. (1992). Native justice in Nova Scotia - Volume I - Executive
summary of a report submitted to the Tripartite forum on Nova Scotia. Atlantic
Institute of Criminology.
•
CANADA: Needs assessment of Mi'kmaq community of Nova Scotia. Involved
consultations with Mi'kmaq to examine views and experiences of with the court and
policing systems. Recommended greater emphasis on community policing and cultural
awareness of the police. Also recommended that efforts to recruit Aboriginal peoples,
especially women, be increased.
Clairmont, D., & Linden, R. (1998). Developing and evaluating justice projects in
Aboriginal communities: A review of the literature. Solicitor General of Canada.
•
CANADA: Annotated bibliography of Aboriginal justice issues and initiatives, including
circle sentencing, adult diversion programs, alternative dispute resolution and
conferencing. Focuses on evaluations, manuals and programs. Relevant restorative
justice materials include papers on circle sentencing, restorative justice, diversionary
conferences in Australia, and changing directions in criminal justice. Describes specific
programs such as the Four Circles of Hollow Water, Family Group Decision-Making
Project in Newfoundland and report by the Church Council on Justice and Corrections
which is a story-based compendium of 100 justice initiatives. Major themes from the
literature include the need to prepare for project implementation, selecting the right staff,
networking with mainstream criminal justice personnel, equity in carrying out a program,
involving the community at large, communicating about a program’s goals and objectives,
and reporting on assessments.
Clark, S. (1989). Sentencing patterns and sentencing options relating to
Aboriginal offenders. A report prepared for the Department of Justice Canada.
•
CANADA: Examines databases and theoretical/methodological approaches to sentencing
with respect to Aboriginal/non-Aboriginal sentencing disparity and sentencing options for
Aboriginal offenders. Moyer (1987) indicates that between 1962-84, there are no
15
differences by race or gender in the outcome of preliminary hearings. The conviction rate
for violent crimes in the 1960’s and ‘70s for Aboriginal and non-Aboriginal males was
approximately the same. However, non-Aboriginal women (27%) were more likely than
their Aboriginal (4%) counterparts to be determined insane at trial. By the late 1970s, only
10% of non-Aboriginal and 2% of Aboriginal women were determined insane. In 1976-80,
Aboriginal people were much less likely to be convicted of first (3% vs. 13%) or second
(16 vs. 33%) degree murder and much more likely to be convicted of manslaughter (76%
vs. 46%) with substantial difference in sentencing. Almost one-half (47%) of nonAboriginals vs. 20% of Aboriginals received life imprisonment. About 50% of Aboriginals
received sentences of less that 5 years, compared to 23% of non-Aboriginals. NonAboriginal women received especially light sentences (29% on probation, suspended
sentence, etc.) compared to 10% of Aboriginal women and less than 2% of men. While
Moyer suggests that there is little discrimination in the criminal justice processing of adult
Aboriginal offenders, an overall review of the literature indicates that relatively little is
known about comparative Aboriginal/non-Aboriginal sentencing in Canada due to both an
inconsistent methodological approach and incomplete data. Likewise, little is known with
respect to sentencing options. There are relatively few universal sentencing option
programs to which Aboriginal people have easy access, even fewer geared specifically to
them, and with some exceptions, most have not undergone rigorous assessment. Much
individual community programming remains unidentified with no systematic assessment.
Gaps in existing knowledge are discussed and a research agenda is identified for both
sentencing patterns and options.
Cook, P. (1994). Developmental study report on tribal policing for the CarrierChilcotin Justice Council. Submitted to the Carrier-Chilcotin Justice Council
and the Nenqay Deni Yajelhtig Law Centre, Alexis Creek, British Columbia.
•
CANADA: Needs analysis on the future of policing for seven communities west of the
Fraser River by the people of the Carrier-Chilcotin: Toosey, Stone, Redstone, Alexandria,
Anaham, Nemiah Valley and Ulkatcho. Gathered information from community
representatives to identify policing needs and key issues in policing for communities. Four
broad groups of respondents included: members from the community; officials, Chiefs,
Band Councillors and Band Managers; RCMP and Tribal Police academy trainees; and
other professionals. Identified principles for the First Nation controlled Police Service.
Concludes that the Carrier-Chilcotin people support Tribal Policing that is accountable and
responsible to the community in order to preserve the culture of the people.
Cormier, R.B. (1997). "Yes, SIR! A stable risk prediction tool". Forum on
Corrections Research, 9(1), 3-7.
•
CANADA: Describes research on SIR scale. Substantial body of research confirming the
ability of the SIR Scale to differentiate between high and low risk cases among federal
offenders. Limitations: prediction of violence; its use with female, Aboriginal and sex
offenders; and its static nature. Haan and Harman reported large deviations at the highrisk end for Aboriginal offenders. However a subsequent analysis with a larger sample of
Aboriginal male offenders showed a closer correspondence between SIR score and
recidivism outcome. However, given the small amount of research examining the SIR
Scale with Aboriginal offenders and considering the gaps in our knowledge of crosscultural assessment, there is need for caution in this area.
Correctional Service Canada (2002). "Focusing on Aboriginal issues ". FORUM
on Corrections Research, 14(3).
•
CANADA: Special issue on Aboriginal corrections, including perspectives on Aboriginal
issues, profiles of Aboriginal offenders, program descriptions, and reintegration of
Aboriginal offenders.
16
Correctional Service of Canada (2001). Healing lodges for Aboriginal federal
offenders. Prepared by the Aboriginal Issues Branch.
•
CANADA: Description of all healing lodges: Okimaw Ohci Healing Lodge for Women
(Sask); Pê Sâkâstêw Centre (Alta); Prince Albert Grand Council Spiritual Healing Lodge
(Sask); Stan Daniels Healing Centre (Alta); Elbow Lake Transition (BC); Ochichakkosipi
Healing Lodge (Man); Willow Cree Healing Lodge Natawihokamik (Sask); Waseskun
Healing Centre (Que); Somba Ke' Healing Lodge (NWT)'; Spiritual Lodge at Stony
Mountain Institution (Man).
Correctional Service Canada (2000a). "Aboriginal people in corrections". FORUM
on Corrections Research, 12(1).
•
CANADA: Special issue on Aboriginal corrections, including profiles of Aboriginal
offenders, program descriptions, international perspectives, and restorative justice.
Correctional Service of Canada (2000b). National overview of programs, services
and issues related to Aboriginal offenders. A report prepared by the Aboriginal
Issues Sub-Committee to the Heads of Corrections.
•
CANADA: Aboriginal offenders are 8½ times more likely to be incarcerated than nonAboriginal offenders. Aboriginal communities and organizations, governments and
agencies must work together to ensure Aboriginal offenders are successfully reintegrated
into society. Describes programs and services in each province, territory and Correctional
Service Canada and discusses issues affecting the healing process of Aboriginal
offenders. There is a broad array of programs and services germane to Aboriginal
offenders from the community level to the courts to correctional facilities. Major issues
include: differing world views prevents mutual cooperation; research and information is
scarce; mistrust stemming from historical conflict; overwhelming nature of issues inhibits
awareness and understanding; correctional staff attitudes, beliefs and approaches often
don't support Aboriginal approaches; inadequate resources for programs and services;
poor socio-economic conditions paralyzes Aboriginal community; building capacity within
communities requires greater focus; no involvement equals no commitment from
Aboriginal community to provide solutions; will to break jurisdictional log-jams is weak
within bureaucracy.
Correctional Service of Canada (1997). Okimaw Ohci Healing Lodge. Prepared
by the Aboriginal Issues Branch.
•
CANADA: Description of Okimaw Ohci Healing Lodge. Includes: why a healing lodge;
physical structure; programs; typical day; community involvement; elder services;
mediation/conflict resolution; mother/child program; an innovative model; vision; role
statement.
Couture, J.E. (2002). Aboriginal healing, assessments, programs, training: Some
principles. Prepared for Aboriginal Issues, Correctional Services of Canada.
•
CANADA: Critique of an Elder Questionnaire (in circulation in the Prairie region) and guide
to the management of staff relationships with Elder advisors in the development of
expanding services to Aboriginal inmates. Defines primary features of Elder/healer
behaviour. Recommendations: analyze the expectations of Healers’ performance in order
to provide an “appropriate response” to Aboriginal inmate needs; examine underpinning,
structural relationships between Elder/healers and staff at all levels; develop Elder
assessment instruments; acknowledge factors responsible for national, regional and
contemporary Aboriginal differences; strike a new Task Force for melding Aboriginal and
non-Aboriginal talent and competence and enter into a standing dialogue with
appropriately selected Elders; and consult with appropriate traditional people. Conclusion:
17
Ponder the nature of the process of healing and draw out and address the operational
implications. Consult well.
Couture, J.E. (1997). Aboriginal behavioral trauma: Towards a taxonomy.
Saskatoon, Saskatchewan: Correctional Service of Canada.
•
CANADA: Examines psychological assessments of Aboriginal peoples, with the intent to
develop culturally sensitive assessment-related constructs and strategies – geared
exclusively at Aboriginal peoples. Examines self-constructs, specifically examining
Aboriginal behaviour. Discusses differences between Western society and traditional
Aboriginal approaches to a patient-therapist relationship, stating that Western society
emphasizes the similarities of patients, while traditional Aboriginal approaches
emphasize the need to address the core differences of patients, as well as the
differences between the nuclear families of western society, and the extended families of
Aboriginal cultures. Discusses “acculturation stress” (effects of a minority cultures original
behaviour by the influences of a more dominant second culture), other forms of cultural
assimilation, how trauma manifests itself in the form of psychopathology in Aboriginal
peoples. Other issues discussed include: behavioural comparisons between Aboriginal
and non-Aboriginal peoples, the consequences of self, family and bicultural identity;
acculturative stress and its effects; post-contact behaviours, trauma as symptom,
complexity of depression, construct and Aboriginal behaviours,
powerlessness/hopelessness, self injury/suicide; dangerous/violence and prediction;
anger; shame/doubt; religion related behaviours; addiction-related behaviours;
victimization, victimizer as victim; anti-social behaviours, hallucinations and delusion.
Couture, J.E. (1997). Culture and native inmates - an overview: Assessment
issues and possibilities. Correctional Service of Canada. Saskatoon,
Saskatchewan.
•
CANADA: Overview of assessment practices, specifically regarding cultural sensitivity to
the psychological assessment of Aboriginal offenders. Includes commentaries regarding
the stories of Aboriginal offenders and contemporary awareness of Aboriginal issues and
behaviour. Initiates an investigation and examination of the National Parole Board's
attempts at incorporating Aboriginal values and insight into psychological assessment.
New assessment methods are examined, including the establishment of test selection,
data sources and the Elder method, incorporated into psychological assessment. Inmate
behaviour (humour, communication styles, and religious background) is examined in
conjunction with culturally sensitive psychometric testing.
Couture, J.E. (1991). "The role of native elders: Emergent issues". In J.W.
Friesen (ed.) The cultural maze: Complex questions on native destiny in
western Canada (pp. 201-217). Detselig Enterprises.
•
CANADA: Presents author’s experience with Elders and outlines difficulties in writing
about them. Concurs with Gravely (1987) who says that a true Elder is not classifiable as
a “…passive informant on the traditional past…”, but as “…a creative theologian, open to
the possibilities of his situation, to new ideas and symbols, and to a dialogue between the
traditions”. Highlights and interprets events and underscores importance of a number of
Elder teachings and relevance of Elder inner and outer behaviours. Provides overview of
the signs of revitalization in the late 1960s and early 1970s (the 1972 Declaration).
Outlines issues of both a practical and academic concern: rapid decrease in the number
of true Elders; range of kinds of Elders; practical requirements of establishing and
maintaining a relationship with Elders; the “knowing” of Elders as problematic to those
who were not schooled in oral tradition; to become aware of all as Spirit-bearing, as Spiritexpressing, takes some doing; and Elders have teaching challenges - non-Aboriginals.
Concludes: We look to Elders to show us the way.
18
Couture, J. (1983). Traditional Aboriginal spirituality and religious practice in
federal prisons: An interim statement on policy and procedures. Draft Report.
Edmonton, Alberta.
•
CANADA: Examines issues relating to the spirituality of Aboriginal offenders. Included
are the characteristics of Aboriginal spirituality and additional components related to
these characteristics, such as Elders, gifts, feasting and fasting, prayer, pipes, sweat
lodges, religious artefacts, etc. Policy is also assessed in relation to the practice of
Aboriginal religious practices in correctional facilities. Primary issues relating to the policy
of Aboriginal religious practices in these facilities include the coordination of these
religious activities, the possession of religious objects by Aboriginal offenders, the
inspection of materials related to the practice of religious activities, and community
involvement in these activities.
Cove, J.J. (1992). "Aboriginal over-representation in prisons: What can be
learned from Tasmania?" Australia and New Zealand Journal of Criminology,
25, 156-168.
•
AUSTRALIA: Examines how Aboriginal over-representation has been conceptualized in
criminology. When controlling for age, over-representation of male Aborigines is reduced
from 10.1x to 7.9x. Combined effect of employment and occupation reduces Aboriginal
over-representation from 5.05x to 2.44x. Effect of education is relatively small, reducing
over-representation of male Aborigines from 5.05x to 4.78x. Tasmanian case study
demonstrates that a large proportion of Aboriginal over-representation can be understood
in terms of gender, age and socio-economic status. Rather than seeing social and
economic variables as extraneous to Aboriginality, they are better viewed as intrinsic to it.
Crundall, I., & Deacon, K. (1997). "A prison-based alcohol use education
program: Evaluation of a pilot study". Substance Use and Misuse, 32(6), 767777.
•
AUSTRALIA: Northern Territory prisoners were followed up after release to determine the
effect of an alcohol education course on their alcohol consumption, drinking group,
disruptive behaviour, criminal activity, family relationships, how they use their time,
general health, ability to cope and take responsibility. Measures were obtained from
prisoners and key informants, and two groups of prisoners were compared: those who
completed the course and others who had not done the course. High level of
correspondence was found between measures from key informants and prisoners.
Prisoners attending the course showed significant improvements on all dimensions
compared to controls.
Dalton, V. (1999). "Australian deaths in custody and custody-related police
operations". Trends and Issues in Crime and Criminal Justice, No. 153,
Australian Institute of Criminology, Canberra.
•
AUSTRALIA: Updates information on the number of Aboriginal and non-Aboriginal deaths
in police or prison custody over a 20-year period; focuses on the changes that have
occurred in 1999 while providing long-term custodial death trends pointing to an overrepresentation of Aboriginal offenders and Aboriginal deaths in the justice system. At only
2% of the total Australian adult population in 1999, Aboriginal offenders made up 19% of
the prison population, while accounting for 22% of prison deaths and 23% of police
deaths. The overall number of deaths in police or prison custody decreased by 10 people,
while the number of Aboriginal deaths (16) increased to the third highest level on record.
Indigenous prison deaths have risen from 12% before the Royal Commission to 18%
during the 1990’s. Risk of death in 1999 for Indigenous prisoners was approximately 1.2
times (18%) greater than that of non-Indigenous prisoners. Provides statistics for
Institutional deaths from 1980-1999; custodial deaths; police custody and related police
19
operations; demographics; age, cause and manner of death; offences, legal status and
bail and deaths since the Royal Commission.
Dalton, V. (1999). "Death and dying in prison in Australia: National overview,
1980-1998". Journal of Law, Medicine, and Ethics, 27(3), 269-74.
•
AUSTRALIA: Analysis of deaths of Aboriginal offenders while in custody between 1980
and 1998. While Aboriginal deaths in police custody have declined dramatically, deaths
while in prison have risen over the last 18 years. Increase has been proportional to the
general increase in Aboriginal peoples in prison. However, in year prior to the release of
this paper, Aboriginal deaths in custody represented 88% of all custodial deaths. Main
causes of death have been suicide and natural causes with suicide being much more
common among younger Aboriginal offenders. The most common cause of natural death
was heart disease followed by cancer and respiratory disease.
Dalton, V., & Edwards, R. (1999). "Aboriginal deaths in prison 1980 to 1998:
National overview". Trends and Issues in Crime and Criminal Justice, No. 131,
Australian Institute of Criminology, Canberra.
•
AUSTRALIA: Comparative analysis of deaths of Aboriginal and non-Aboriginal offenders
while in custody between 1980 and 1998, examining figures in the decade preceding and
subsequent to the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). While
Aboriginal deaths in police custody have declined dramatically, the number of Aboriginal
prisoners and deaths in prison have doubled with a peak of 17 deaths in 1995. In the
decade after the RCIADIC, 19% of deaths in prison were Aboriginal people, an increase
from 12% in the previous decade. Primary causes of death have been natural causes and
suicide, with suicide deaths exceeding those from natural causes over the last 4 years of
the study. Results are further broken down by jurisdiction, gender, manner of death, age,
legal status, and time spent in custody.
DANSYS Consultants Inc. (1990). Native involvement in the criminal justice
system: Measurement priorities. Draft prepared for the Canadian Centre for
Justice Statistics.
•
CANADA: Discusses availability of data on native people in the criminal justice system
and options for providing data.
Darou, W.G., Kurtness, J., & Hum, A. (2000). The impact of conducting research
with a First Nation. Canadian Journal of Counselling, 34(1), 43-55.
•
CANADA: Examines why Cree were so angered by psychological research done in their
community. Describes a project done through a quasi-experiment with an overall view to
providing guidelines to reducing reactivity in the community for further research and to
provide researchers tools that would allow them to be more respectful of First Nations
communities. Sources of reactivity include: rigid protocols; requests for self-disclosure;
perceived dishonesty; differential treatment of participants; non-Native researchers;
threats to composure; lack of inherent social value for the participants and overpublishing. Sources of reactivity suggest guidelines for researchers (respecting local
authority, adapting instruments to the culture, providing feedback to the participants and
the community).
Dell, C.A., & Boe, R. (2000). An examination of Aboriginal and Caucasian women
offender risk and needs factors. Research Report R-94, Correctional Service
of Canada.
•
CANADA: Profile of Aboriginal and Caucasian federal women offenders. Caucasian
women are consistently rated as having lower need levels for all seven need domains
20
when compared to Aboriginal women, with the greatest difference found in the substance
abuse domain. The overall risk domain was similar for the two groups.
Department of Justice Canada (2000). Final evaluation: Aboriginal justice
strategy. Evaluation Division, Policy Integration and Coordination Section.
•
CANADA: As part of the 5-year mandate of the Aboriginal Justice Strategy (AJS),
evaluation of the impact and effectiveness of the AJS was undertaken. Primary
components of evaluation: Policy Development and Support, Community-Based Program
Funding Agreements, and Aboriginal Justice Learning Network. Method: 65 key
stakeholders involved in AJLN were interviewed, review of administration and case files,
case studies of 10 communities, file reviews, quarterly and annual reports, statistical
analysis of the impact of recidivism, statistical figures of population. Results: Aboriginal
people are still disproportionately represented in the criminal justice system. Although
there has been work done in the past, more work needs to be done in the areas of
partnerships, training facilitators, lack of resources and program management.
Department of Justice Canada (1998). The Aboriginal justice strategy: Report on
activities, 1996-97 to 1997-98.
•
CANADA: Overview of AJS programs; Aboriginal Justice Learning Network; Selfgovernment negotiations. Also includes: backgrounder on AJS; and descriptions of
Aboriginal Justice Learning Network.
Department of Justice Canada (1994a). Aboriginal women and justice
consultation report. Prepared for the Department of Justice Canada.
•
CANADA: Consultation report between Department of Justice Canada and Aboriginal
women. Issues discussed include: policing, self-government and strategies for change, all
within the Aboriginal woman context. Three groups of women provided input: First
Nations, Inuit, and Métis. First Nations Women recommended that project funding be
more accountable and that the community must be more involved, particularly women.
Issue of policing was the main concern for Inuit women, with particular emphasis on
policing techniques that focus on the value of human life, rather than the protection of
property. Policing was also the main focus for Métis women with the importance of
instructing officers as to Métis culture and recruiting Métis women into the RCMP and
urban forces.
Department of Justice Canada (1991). Aboriginal people and justice
administration: A discussion paper.
•
CANADA: Discussion paper to facilitate dialogue on how to improve the administration of
justice as it affects Aboriginal people. Includes: overview of issues (diversity of
circumstances and aspirations; crime, violence and conflict with the law; overt and
systemic discrimination; perceptions of justice; services and programs; government
response; self-government and justice administration); towards a federal policy (federal
policy; objectives for justice administration; policy principles); options for action (policing;
community crime prevention; legal services; courts and adjudication; sentencing; young
offenders; adult corrections).
Department of Justice Canada (1985). Native Canadians and the criminal justice
system: An evaluation assessment and evaluation of the native court workers
programme. Evaluation Unit.
•
CANADA: Includes overview of Native Courtworker Program; implementation of program;
program rationale; impact of program; and, alternatives.
21
Dickson-Gilmore, E.J. (1992). "Finding the ways of the ancestors: Cultural
change and the invention of tradition in the development of separate legal
systems". Canadian Journal of Criminology, Jul-Oct, 479-502.
•
CANADA: Critique of Eric Hobsbawm’s theory of the invention of tradition as it applies to
the traditional legal system proposed by the People of the Longhouse of the Kahnawake
Mohawk Nation. Noting the compelling challenge faced by many First Nations in
recreating traditional legal systems out of a century of government eradication, the paper
summarizes the history of early Mohawk dispute resolution, the feud, which gave way to
traditionalist Longhouse justice at Kahnawake. The latter represents a blend of dispute
resolution and political traditions that respond to the attrition of traditional knowledge while
maintaining the integrity of traditional responses to deviance. While both the early feud
and the modern Longhouse justice system stem from historically valid traditions,
Hobsbawm’s theory, which identifies three common forms of tradition invention since the
Industrial Revolution, is examined in context. The focus in the case of the Kahnawake
Mohawk Nation is the second of the three forms, establishing or legitimizing institutions or
relations of authority, given their attempt to establish and legitimate institutions of
traditional law. Citing Hobsbawm’s assertion that the potential for invention of tradition is
likely greatest in historical context – such as that experienced by native North American
nations – the paradox of Longhouse justice is noted as the embodiment of custom and
genuine tradition that is not fully invented, but part of a movement toward Mohawk selfdetermination that suggests a degree of invention. Tradition is identified as only one part
of a larger reality driving support of native control over native justice, in an environment
where the imposition of Canadian law on native nations is increasingly difficult to ignore.
Dockstator, M.S. (1993). Towards an understanding of Aboriginal selfgovernment: A proposed theoretical model and illustrative factual analysis.
Dissertation: Osgoode Hall Law School, York University, Toronto.
•
CANADA: Detailed theoretical model and analysis of the historical interaction between
Aboriginal and Western societies in developing what became common perspectives on
the institutional arrangements of Aboriginal self-government. The theoretical model - fully
based on a range of philosophical teachings from Aboriginal society - identifies five stages
of Aboriginal and Western interaction: separation, amalgamation, divergence, dysfunction
and negotiation, covering a 500-year period. The historical analysis informs the theoretical
model through examination of key policy and legislative moments over a 200-year period.
Supported by 115 figures illustrating theoretical principles and historical referents, it is
noted that there is little hope of bridging the gap between Aboriginal and Western
understandings of self-government until mutual concessions are reached through Stage 5
negotiation as the key factor in overcoming the past dysfunctional relationship.
Doerr, A.D. (1997). “Building new orders of government – the future of Aboriginal
self-government”. Canadian Public Administration, 40(2), 274-289.
•
CANADA: The 1996 report of the Royal Commission on Aboriginal Peoples represents the
most recent articulation of the need for a complete restructuring of the relationship
between Aboriginal and non-Aboriginal peoples. Provides a practical appreciation of
selected policy and administrative issues respecting Aboriginal self-government.
Examines some of the key elements in the implementation of Aboriginal self-government
and provides examples of results achieved to date. Four sections: basic issues (four
issues of self-government that reflect a changing world view: inherent right; jurisdictions;
land; financing); institution building (degree of influence or control that Aboriginal peoples
can exert over the design and operation of those institutions); changing relationships; and
future directions (Aboriginal vision is holistic and culturally defined). Conclusion: Aboriginal
self-government involves building relationships based on mutual respect that will
recognize Aboriginal culture and tradition in the exercise of their governments. Aboriginal
22
leaders must be empowered to help forge the changes that are needed. Support from
non-Aboriginal leaders and groups are essential.
Doob, A.N., Grossman, M.G., & Auger, R.P. (1994). "Aboriginal homicides in
Ontario". Canadian Journal of Criminology, 36(1), 29-62.
•
CANADA: Examines homicides involving Aboriginal people, as victims and suspects. Data
consisted of all Ontario homicide cases between 1980 and 1990 including one or more
Aboriginal persons as victim or suspect and a 20% random sample of cases not involving
Aboriginal victims. Aboriginal people appear to be over-represented as homicide victims
and suspects. Found that Aboriginal homicides occurring on-reserve had been committed
by Aboriginal people. Furthermore, Aboriginal people living off-reserve tended to be killed
by other Aboriginal people. The reported rate of alcohol involvement in homicides was
dramatically higher for Aboriginal people both on- and off-reserve than non-Aboriginal
people. Reported motives, mainly anger, fights, and various forms of interpersonal
disputes appeared to be the basis of the Aboriginal homicides.
Dowden, C., & Blanchette, K. (1999). An investigation into the characteristics of
substance-abusing women offenders: Risk, need and post-release outcome.
Research Report R-81, Correctional Service Canada.
•
CANADA: Examined a sample of released federal female offenders to compare substance
abusers to non-abusers (Oct. 1 1997 - n=251). Almost half the overall sample had been
granted some form of discretionary release (day parole, full parole, statutory release) - but
no significant differences between substance abusers and non-abusers on release status.
Examined those granted day or full parole - 13 of 14 Aboriginal female offenders on parole
were identified as substance abusers compared to 51% of non-Aboriginal female parolees
(demonstrates the need for ongoing, culturally specific substance abuse programming for
female offenders after release into the community). Female offenders identified as
substance abusers have had more criminal involvement than non-abusers. Ninety-two
percent of non-abusers released on parole were categorized as lower risk, compared to
55% of substance abusers. A higher proportion of female offenders identified as
substance abusers failed on discretionary release (26%) compared with non-abusers
(8%). Substance abusing women who didn't participate in a treatment program were more
likely to be returned to custody (44%) than those who had participated in some form of
substance abuse treatment (10%).
Dufrene, P.M., & Coleman, V.D. (1992). "Counseling native Americans:
Guidelines for group process". Journal for Specialists in Group Work, 17(4),
229-234.
•
USA: Discusses how group counselling professionals can best serve Native Americans
using traditional Native American healing and spirituality. Guidelines for group counselling
for Native Americans: respect the spiritual dimensions of the Native American culture;
group sessions should begin and end with an appropriate Aboriginal prayer; preferable
that counselling be conducted by Native American mental health professional (at least
should have background knowledge of tribe to be served); no expedient way to learn
about Native American culture; western group counselling techniques may or may not be
appropriate; blend of traditional and western approaches may be best solution; non-Indian
counsellors need to be aware of their own cultural biases when counselling crossculturally; counsellors must actively seek opportunities for interaction with Native
American population.
23
Duke, K. (1990). Study on suspensions of federal offenders on conditional
release programs in the prairie region for 1987/1988. Draft report prepared for
the National Parole Board, Saskatoon and Ministry Secretariat, Ottawa.
•
CANADA: Random sample of Aboriginal (n=170) and non-Aboriginal (n=275) offenders
from day parole, full parole and mandatory supervision. Found: higher proportion of
Aboriginal inmates have special conditions imposed; when Aboriginal offenders are
released with a special condition they are revoked more often than non-Aboriginal
offenders; alcohol involvement is a significant problem for Aboriginal offenders; although
more Aboriginals are serving time for violent offences they appear to be serving less time
than non-Aboriginals.
EKOS Research Associates Inc. (2001). INAC on-reserve survey: Final report.
Submitted to Strategic Planning, Communications Branch, Indian and
Northern Affairs Canada, Ottawa, ON.
•
CANADA: Results of a national survey of First Nations on-reserve regarding two key sets
of issues: conditions on-reserve; and, optimal methods of communication from the
Government of Canada. Examined a variety of issues ranging from governance to quality
of life and economic optimism, as well as perceptions of the Government and methods of
communications with people living on-reserve. Eligibility requirements for survey: member
of an Indian band or First Nation; resident (for at least part of the year) on a reserve in
Canada; and, 18 years of age or over. The survey sample, built on selected postal codes,
contains 1,427 completed telephone interviews with First Nations residents on-reserve.
Questionnaire consisted of approximately 80 items covering: overall outlook; priorities for
the Government of Canada; performance of the Government; communications with the
Government; conditions on-reserve; Indian Act; Aboriginal Day; Internet; and,
demographics. Provides key highlights of themes emerging from the survey. Results:
very strong dichotomy in attitudes of the First Nations’ population living on-reserve based
on socio-economic status (SES). Lower SES reserve residents have more positive view
while upper SES expressed far more negative views. Further analysis of the results reveal
a number of distinct groups which are clustered based on their attitudes towards selfgovernment, their assessment of the Government of Canada, feelings towards their
community and their economic outlook. Concludes by identifying issue areas not covered
in this first survey and implications for further investigation.
Ellerby, L. (1994). "Community-based treatment of Aboriginal sex offenders:
Facing realities and exploring possibilities". FORUM on Corrections Research,
6(3), Correctional Service of Canada.
•
CANADA: Aboriginal offenders are significantly less likely to complete programs and are
more likely to have their parole suspended than non-Aboriginal offenders. There is a need
to introduce traditional healing to focus on Aboriginal sex offenders.
Ellerby, L., & Bedard, J. (2000). Aboriginal peoples collection: Paths to wellness A gathering of communities addressing sexual offending behaviour. Solicitor
General Canada.
•
CANADA: Findings from a 2-day gathering of individuals to discuss the problem of sexual
abuse and sexual offending behaviour. Issues included: confronting sexual abuse in
Aboriginal communities (facing resistance and moving towards ownership); treatment and
healing (attitudes and approaches to addressing sexual offending behaviours); process of
healing; ways of teaching and healing; punishment and reintegration (incarceration and
community reintegration); challenges and difficulties of incarceration and community
reintegration; issues related to individuals supporting the process of treatment and
healing; role of women in addressing sexual abuse; unhealthy Elders and healers; dealing
with stress and worker burnout.
24
Ellerby, L., & Ellerby, J. (1998). Aboriginal peoples collection: Understandings
and evaluating the role of elders and traditional healing in sex offender
treatment for Aboriginal offenders. Solicitor General Canada.
•
CANADA: Qualitative research to enhance understanding of the role traditional healing
plays in sex offender treatment programming. It is important to attend to the needs of
Aboriginal sex offenders, given the prevalence of Aboriginal sex offenders within federal
corrections. In 1995, 16% of federal sex offenders were Aboriginal. Interviews with Elders,
Aboriginal program providers, psychologists, sex offender therapists, and men who
participated in both institutional and community-based Aboriginal sex offender
programming. Eight primary areas of interest examined: Elders' attitudes towards
traditional healing with sex offenders; role of the Elder in sex offender treatment; Elders
and therapists working together; traditional approaches to treating sex offenders; Elders
views on offender evaluation; strengths and challenges of providing traditional healing sex
offender programming; success and need for traditional healing in sex offender treatment;
and recommendations for the future. Note that effective measures for Aboriginal sex
offender programming uses both traditional approaches and contemporary cognitivebehavioral programs.
Ellerby, L.A., & MacPherson, P. (2002). Exploring the profiles of Aboriginal sex
offenders: contrasting Aboriginal and non-Aboriginal sexual offenders to
determine unique client characteristics and potential implications for sex
offender assessment and treatment strategies. Research Report R-122,
Correctional Service of Canada.
•
CANADA: Profiles of Aboriginal and non-Aboriginal sex offenders involved in the Forensic
and Behavioral Management Clinic of the Native Clan Organization. Method: developed
a database of offenders involved in the program between 1987 and 1999. Findings:
background - Aboriginal men had more traumatic childhood, substance abuse, lower
education and employment, self-disclosed more violent offences as youth and adults for
which they weren't charged (no difference regarding convictions). Victims - Aboriginal sex
offenders more likely to commit rape, have female victims, Aboriginal victims; nonAboriginal more likely to commit sex offences against children (incest), have male and
female victims, non-Aboriginal victims, victims with whom they held a non-familial role of
trust. Offence characteristics - Aboriginals said offence wouldn't have occurred without
being intoxicated, gave victims drugs/alcohol, more likely to physically assault; nonAboriginals gave gifts, pornography, tricked them. Treatment - treatment completion
higher for non-Aboriginals prior to culturally-appropriate program. However, this difference
disappeared once culturally-appropriate program was implemented. Both Aboriginal and
non-Aboriginal sex offenders involved in the program sexually re-offended less frequently
than a matched comparison group.
Ellison, J. (1987). 1986 Census: Final population and dwelling counts for Indian
reserves and settlements. Census Operations Division, Statistics Canada.
•
CANADA: Tables summarizing 1986 Census population and dwelling counts for Indian
reserves and settlements.
25
Epprecht, N. (2000). "Programs for Aboriginal offenders: A national survey".
Forum on Corrections Research, 12(1), 45-47.
•
CANADA: Results of a treatment survey or best practices survey for each correctional
program. Thirteen federal programs were identified (e.g., Society of Aboriginal Addictions
Recovery program; Aboriginal Alpine Wellness Program; Aboriginal Healing Program).
Provincial - Newfoundland, Manitoba and Saskatchewan submitted information on
Aboriginal-specific programming (10 programs). Other provinces submitted information on
programs that Aboriginal offenders participated in.
Evans, J., Hann, R., & Nuffield, J. (1998). Crime and corrections in the Northwest
Territories. Government of the Northwest Territories.
•
CANADA: Reviews the correctional system of the Northwest Territories. Addresses four
sets of issues: statistical description of crime and criminal justice in the North, including a
forecasting model designed to be useful for developing correctional policy choices;
independent review of corrections in the NWT (including institutional and community
corrections); examines community tolerance of crime and community willingness and
capacity to assume a greater role in justice and corrections; and, recommendations on
how corrections might be organized and delivered now and following the creation of two
territories in 1999. Conclusions: NWT correctional system faces serious overcrowding
which creates challenges with respect to risk management, security, programming,
planning, capital shortfalls and other resourcing issues. New capital upgrades and
construction are inevitable if the most basic standards of security and decent care of
inmates are to be met. NWT requires a new strategic and operational plan to meet the
needs and other challenges presented in this report. Require new forecasting methods
and significant improvements to correctional information systems.
Fanning, A. (1999). “Tuberculosis: 1. Introduction”. Canadian Medical
Association Journal, 160(6), 837-840.
•
CANADA: Discusses TB control in Canada. Annual rates of TB in Canada reached a
plateau in about 1989 (7 per 100,000 population per year). Such low rates suggest
stability but in fact hide the continuing high rates in the Aboriginal population (about 70 per
100,000), which contributes 15% of cases, 7 times the expected rate for that group.
Fanning, A., FitzGerald, J.M., & Wang, L. (2000). “Tuberculosis: 13. Control of
the disease among Aboriginal people in Canada”. Canadian Medical
Association Journal, 162(3), 351-356.
•
CANADA: TB remains a major public health problem for Aboriginal people in Canada. The
1996 annual incidence rates for status Indians were highest in Saskatchewan (105 per
100,000 population) and lowest in Atlantic region (no cases recorded). Incidence rate for
status Indians for 1996 (35.8 per 100,000) greatly exceeded that for Canadian-born
people of non-Aboriginal descent (less than 2 per 100,000). Reduction in rates will likely
be achieved only with improvements in socio-economic status and community
involvement in disease management combined with comprehensive medical surveillance
and treatment programs.
Faulkner, C. (1989), Inuit offender study. Prepared for the Native and Female
Offender Program, Correctional Service Canada, Ottawa.
•
CANADA: Examined unique needs of Inuit offenders. Included in the study were 48
federally sentenced Inuit offenders, two of which were women. Recommendations from
the study focus on Inuit cultural awareness at the institutions and specifically, the
language and dietary needs of these offenders. In addition, it was recommended that CSC
make use of Native organizations to increase the knowledge of Inuit culture among
correctional staff.
26
Federation of Saskatchewan Indian Nations (1999). Strategic Plan for First
Nations Corrections 2000-2004. Justice Secretariat.
•
CANADA: Outlines the Federation of Saskatchewan Indian Nations’ (FSIN) 5-year
strategic plan for community-based corrections. Delineates current capacities, issues,
information and capacity-building needs and future corrections’ initiatives. Consulted with
tribal councils and 17 First Nations. Project guided by a tripartite corrections working
group consisting of Ministry representatives from Canada (Solicitor General and CSC),
Saskatchewan (Justice and Social Services) and FSIN Justice Secretariat. Grouped First
Nation communities into three categories: communities with the capacity to develop new,
or improve existing, community corrections services; communities that are interested in
developing community corrections strategies in the near future, but require additional
capacity development; and, communities that are not prepared at this time to proceed with
corrections processes, but may be within five years. Includes community action plans and
follow-up strategies.
Ferry, J. (2000). No easy answer to high native suicide rates. Lancet, 355(9207),
1.
•
CANADA: Native people in many developed countries have higher than average suicide
rates. But among Canadian Aboriginals the situation is particularly dire. The Innu in Davis
Inlet Nfld have suicide rates of 178 per 100,000 people - the overall Canadian rat is 12 per
100,000. In BC, Aboriginal boys and girls and boys aged 10-19 are 8 and 20 times more
likely, respectively, to commit suicide than their non-Aboriginal counterparts. The suicide
rate in their 20's is even higher. Researchers attribute this to a lack of cultural, economic
and political clout.
Finn, A., Trevethan, S., Carrière, G., & Kowalski, M. (1999). "Female inmates,
Aboriginal inmates, and inmates serving life sentences: A one day snapshot".
Juristat, Catalogue no. 85-002, vol. 19 no. 5, Canadian Centre for Justice
Statistics.
•
CANADA: Used data from a one-day snapshot of inmates in provincial/territorial and
federal facilities conducted in 1996. The proportion of Aboriginal inmates in correctional
facilities was larger than the proportion of Aboriginal adults in the Canadian population
(17% versus 2%). In comparison to non-Aboriginal inmates: Aboriginal inmates were
incarcerated for assault more often; were younger, had less education, and were more
likely to be unemployed; were considered higher risk to re-offend and had higher needs.
Fraser, L. (1993). “Aboriginal people and the courts”. In S. McKillop (ed.)
Aboriginal justice issues: Proceedings of a conference held 23-25 June 1992.
Australian Institute of Criminology Conference Proceedings No. 21, Canberra.
•
AUSTRALIA: Presents 3 proposals to inspire greater confidence and respect for, as well
as to reduce the hostility of Aboriginal people towards, the current criminal justice system:
establish the position of “Aboriginal Assistant to the Court” within the existing Magistrates’
Courts Districts in Queensland; allow the firm of solicitors engaged by Aboriginal Legal
Service (ALS) to act as agents for the Public Defenders office; alternatively, as in other
States, allow ALS to employ barristers to work in their offices to represent Aboriginal
people throughout an entire legal proceeding. Includes an outline of the duties of the
Aboriginal Assistant to the Court and suggests the establishment of a 3-person Advisory
Committee per district to put forward names of potential candidates for the AttorneyGeneral to appoint to the position.
27
Frideres, J.S. (1988). "The Indian Act". Native peoples in Canada (pp. 20-33).
Scarborough: Prentice-Hall.
•
CANADA: Describes the Indian Act as the foremost of the legislative acts that affect
Aboriginals in Canada. Provides an historical overview of the Indian Act; a chronological
history (1755-1966) of the development of the Act as well as of the Department of Indian
Affairs. The rights of Canadian Indians are determined not only by the Indian Act, but also
by the British North American Act (now the Constitution Act of 1982) and by the Canadian
Bill of Rights. In practice, the Indian Act continues to define Indian rights. The Indian Act
was designed to protect the Aboriginal population and to ensure assimilation. It was
administered in the interests of benign rule but its implementation created isolation,
control, and enforced poverty. The federal government argues that the Indian Act does not
attempt to take Aboriginals out of the scope of the ordinary law. Its original aim was to
maintain Aboriginal culture and to provide Aboriginals with additional rights and
safeguards. However, these rights are not “vested”. Much of the protection afforded
Aboriginals can be removed at any time under the Act by the Governor in Council
(Cabinet) or by the Minister of Indian Affairs. The Act is particularly important today
because within its structure lies the salvation of many Aboriginal groups with land claims.
At the time of writing, it is unsure how the existing rights of Aboriginal people
acknowledged in the 1982 Constitution will be defined and reconciled with the Indian Act.
Gabriel, W. (2001). The healing voices of Aboriginal women: A case study
describing the impacts and benefits of the Centre of Indigenous Sovereignty: “I
da wa da di”. Prepared for the Board of Directors, Aboriginal Healing
Foundation. AHF Project RB-268-ON.
•
CANADA: Provides an overview of the “I da wa da di” traditional healing project. Main
objective: work with Aboriginal women suffering from the legacy of physical and sexual
abuse in residential schools including intergenerational impacts. With the use of traditional
healing approaches, the program seeks to help women address and begin to resolve the
childhood trauma of abuse and growing up in families and communities made
dysfunctional by the residential school legacy. These objectives are met through three
healing activities: healing circles; fasting retreats; and, healing retreats. Data were
collected through personal interviews with 8 people from the project. Threats to the
reliability and validity of this case study relate primarily to lack of relevant social indicator
data available for Aboriginal women at the provincial level. Conclusions: project is having
an impact on Aboriginal women who participated in the healing and training activities.
Tracking of participant feedback provides a solid basis for assessing such impacts.
Recommends the development of a 12-month follow-up questionnaire to enhance the
project’s current process for gathering and reporting feedback.
Gfellner, B.M., & Hundleby, J.D. (1991). "Family and peer predictors of
substance use among Aboriginal and non-Aboriginal adolescents". Canadian
Journal of Native Studies, 11(2), 267-294.
•
CANADA: Examines drug use patterns and influence of family and peers on substance
use behaviours of Aboriginal and non-Aboriginal adolescents in a small urban community.
Compared Aboriginal (n=234) and non-Aboriginal (n=3,067) adolescents in terms of: their
prevalence rates for the use of alcohol, cigarettes, marijuana, solvents, and inhalants;
parent and peer attitudes; drug use; adolescents’ perceptions of their family functioning;
relations between parent and peer attitudes and drug use; and, family functioning and
adolescents’ use of drugs. Adolescents were grade 5-12 students from a non-metropolitan
city in south-western Manitoba. Adolescents’ use of cigarettes, alcohol, marijuana,
solvents, and glue over the past 12 months were indexed by 5 items in terms of 8
response alternatives (adapted from Smart & Adlaf, 1989). Family Adaptability and
Cohesion Evaluation Scale (FACES III; Olson, Portner & Lavee, 1985) used to assess
28
family functioning in terms of cohesion and adaptability. Participants were administered
the measures during a regular class session by trained testers as part of a larger study.
Results: developmental differences were found in Aboriginal adolescents' increased use
of substances in comparison to non-Aboriginals. With mothers’ education controlled, the
findings indicated that more peer than family factors were associated with Aboriginal
adolescents’ use of substances than with non-Aboriginal adolescents’ use of substances.
Overall, there were more similarities than differences in the correlations between the
predictor variables and substance use among Aboriginal and non-Aboriginal adolescents.
Findings indicate the importance of implementing preventative and intervention strategies
in elementary school rather than later when increased use of substances begins to occur.
Gladue v. Her Majesty The Queen (1999). 23 C.C.R. (5th) 197.
•
CANADA: Supreme Court of Canada case that clarifies the duty of sentencing judges to
consider background and system factors in sentencing Aboriginal offenders. The unique
circumstances that the court must take into consideration include (but are not limited to):
substance abuse, poverty, racism, family or community breakdown, unemployment, low
income, and dislocation from an Aboriginal community. Concept of restorative justice must
also be considered by the court as well as all other alternatives to incarceration that are
available.
Glass, M.H., Bieber, S.L., & Tkachuk, M.J. (1996). "Personality styles and
dynamics of Alaska Native and non-native incarcerated men". Journal of
Personality Assessment, 66(3), 583-603.
•
USA: Examines effects of cultural differences on the personality and assessment of
Alaska Native male inmates. Participants (46 natives, 21 non-natives) were measured on
three scales: MCMI-II (Millon Clinical Multiaxial Inventory), Rorschach, and Acculturation
Scale. Acculturation was divided into 4 groups: marginal, assimilated, traditional, and
bicultural. Native and non-native groups resembled each other in the crimes that led to
their incarceration. The most common crime committed was sexual-related, followed by
assault, robbery, and burglary. Seventy-seven percent of non-Natives and 63% of Natives
self-reported that they did not have prior felony convictions. Results indicate that Native
inmates were either experiencing more, or were more prone to deprecating themselves
than were non-native offenders. Alcohol abuse was higher for Native than non-native
inmates. Detachment from others, poor judgement, and poor coping abilities were more
salient in Native than non-native inmates. Furthermore, Native participants were likely to
view themselves as 'damaged' and the victim of aggression that seemed to be fueled by
their experiences of past victimization. Native inmates appeared to be more isolated, selfdestructive and more distressed with themselves and their behaviour. Bicultural Native
inmates seemed to be more prone to identity issues, unstable interpersonal relationships,
boundary difficulties and labile emotions. However, the research indicated that being
Native was a unifying factor in that regardless of acculturation, they were still more like
each other than the non-native inmates. Concluded that incarceration is likely very
traumatic for Native offenders and that some of the programs and treatment based on
confrontation and group processing would not be effective.
Grant, B.A. & Porporino, F.J. (1992). "Are native offenders treated differently in
the granting of temporary absences from federal correctional institutions?"
Canadian Journal of Criminology, 34(3-4), 525-532.
•
CANADA: Examines if Aboriginal offenders received differential treatment in the granting
of temporary absences (TA) from federal institutions. Also examined whether Aboriginal
offenders were being treated negatively within this correctional program. Analysis was
restricted to "escorted" absences as they represent the most common form of temporary
release. Examined Aboriginal and non-Aboriginal offenders on-register in federal
penitentiaries between 1986/87 and 1990/91. Controlled for violence with the offence and
29
criminal history, as both would play a large role in decisions to grant temporary absences.
On average, there were 46,000 TA's granted each year. Results indicated that Aboriginal
offenders receive more than the expected number of compassionate TA's and generally
received more than the expected number of family and community contact TA's than
would be expected given their representation in the institutional population. Concluded
that Aboriginal offenders were not treated negatively, in fact, the evidence suggests that
they may have been receiving preferential treatment.
Gray, D., Saggers, S., Sputore, B., & Bourbon, D. (2000). "What works? A review
of evaluated alcohol misuse interventions among Aboriginal Australians".
Addiction, 95(1), 11-22.
•
AUSTRALIA: Over recent years, various reports have shown that while fewer Aboriginal
than non-Aboriginal Australians drink alcohol, Aboriginal people who do drink are more
likely to do so excessively. Purpose: To identify which intervention strategies have been
effective in reducing excessive consumption of alcohol and related harm among some
segments of Australia’s Aboriginal population. Method: Items dealing with ‘alcohol’ and
‘evaluation’ (27) were identified from the comprehensive electronic database on Aboriginal
alcohol and other drug issues, maintained by Australia’s National Centre for Research into
the Prevention of Drug Abuse. From these were selected all reports (14) dealing
specifically with evaluation of particular intervention projects. These were grouped and
reviewed under the broad categories of treatment, health promotion, education, acute
interventions and supply reduction. Findings: A broad range of intervention strategies has
been employed. Few systematic evaluations have been undertaken and the
methodologies employed have been generally insufficient to allow robust generalization.
The impact of most interventions appears limited but this may be a function of inadequate
resourcing and program support. Conclusions: Require a broader range of treatment
models and complementary intervention strategies. Interventions are generally inadequate
resources. Supply reduction interventions appear to have produced the most tangible
results. Over a 2-year period, random sample surveys of residents (n=271) on attitudes
towards the supply restrictions were completed. Results: per capita consumption
decreased by 19%; there were significant declines in admissions for acute alcohol-related
conditions; and, the proportion of offences declined. A pressing need exists for more
rigorous evaluation studies in co-operation with Aboriginal community organizations.
Greenfeld, L.A., & Smith, S.K. (1999). American Indians and crime. Office of
Justice Programs, Bureau of Justice Statistics, U.S. Department of Justice,
NCJ 173386.
•
USA: Comparative data from 1992-96 on the rates and characteristics of violent crimes
experienced by Aboriginal people (not including Hawaiian Natives and Pacific Islanders)
and from 1996-98 on Aboriginal people and the criminal justice system in the United
States. In July 1998, Aboriginal people accounted for just under 1% of the total US
population. They experience more than twice the per capita rates of violence in total and
for both males (153 crimes per 1000 people for Aboriginals vs. 60 per 1000 across all
races) and females (98 per 1000 for Aboriginals vs. 42 per 1000 for all races). While rates
of violence are consistently higher in every age group, nearly one-third of Aboriginal
victims of violence are between 18 and 24; about 1 violent crime for every 4 individuals. At
least 70% of the victimizations are committed by persons not of the same race, with
almost 50% of the offenders under the influence of alcohol. More than 10% of the nonlethal victimizations involved a firearm while murder victims were less likely to be
murdered (approx. 30%) with a handgun than victims of all races together (approx. 50%).
Aboriginal victims reported crime to the police at the average rate for races. Violent crime
arrest rates among Aboriginal adults and Aboriginal youth (under 18) were comparable to
white youth. The arrest rate for alcohol-related offences was more than double that of all
races. 63,000 Aboriginals (about 4% of the Aboriginal population, 18 or over) are under
30
the care, custody, or control of the justice system on an average day, with the rate of
prison incarceration for Aboriginal about 38% higher than the national rate on a per capital
basis.
Griffiths, C.T., & Belleau, C. (1995). "Addressing Aboriginal crime and
victimization in Canada: Revitalizing communities, cultures and traditions". In
K.M. Hazlehurst (ed.) Popular justice and community regeneration: Pathways
of Indigenous reform (pp. 165-186). CT: Praeger Publishers.
•
CANADA: Addresses resurgence of traditional cultural practices in examining issues of
crime and justice in Canadian Aboriginal communities. Outlines differences between the
worldview held by Euro-Canadians and Aboriginals and the differing models which are
reflected in the two systems of law and justice. Describes four Aboriginal justice initiatives
(Teslin Tlingit First Nation community justice initiative in Yukon; circle sentencing; youth
justice committees in Northwest Territories; Aboriginal court model in Manitoba) and two
initiatives for violent offenders and their victims (Hollow Water in Manitoba; Canim Lake
family violence program in British Columbia). Little focus on difficulties encountered by
urban Aboriginal peoples: nature and extent of their conflict with the criminal justice
system and the potential for developing alternative justice services and programs that
might better address their needs. Critical issues confronting Aboriginal communities:
adequate protection for vulnerable people (women and female adolescents) and
protection of rights of victims within the community. Government-sponsored justice
initiatives largely ineffectual in reducing the levels of conflict experienced by Aboriginal
people with the criminal justice system or in meeting the needs of Aboriginal victims,
offenders and communities. Require substantive criminal justice strategies that provide for
community participation. Aboriginal-controlled justice programs and services, premised on
Aboriginal culture and traditional practices, hold great promise and can provide models
that may be utilized by non-Aboriginal communities.
Griffiths, C.T., & Patenaude, A. (1990). "The use of restitution and community
service sentencing in the Canadian north: The prospects and problems of
localized corrections". In B. Galaway and J. Hudson (eds.) Criminal justice,
restitution and reconciliation (pp. 145-154). NY: Willow Tree Press, Inc.
•
CANADA: Native and Inuit justice systems are based on restoration and reparation. The
Anglo-Canadian justice system ignores the potential of these systems to increase selfdeterminism and reduce social-structural dependence. Community service, restitution,
and victim-offender reconciliation are more relevant to individuals and their communities.
Certain difficulties have hindered the effectiveness of community corrections programs
(i.e., dependence of Indian and Inuit communities on outside government to initiate, fund,
and support community corrections programs; conflict between traditional Indian and Inuit
notions of conflict resolution and those represented by community service order and
restitution programs; and the operational difficulties of developing and maintaining
programs). Instead of utilizing the isolation and small size of NWT communities and
traditional customs, community service order and restitution programs are designed and
delivered by outside agencies. Community-based corrections strategies can only be
effective if incorporated into a framework of localized corrections (i.e., communities and
residents responsible for victim and offender needs). Principles of localized corrections
include: a clear definition of who and what is the community, recognition of the unique
needs of the community, decentralization of policy and program decision-making, and
direct community input.
31
Grossman, M.G. (1992). "Two perspectives on Aboriginal female suicides in
custody". Canadian Journal of Criminology, 34(3/4), 403-416.
•
CANADA: Recent inmate suicides by Aboriginal women at Kingston's Prison for Women
have brought attention to the situation of the Aboriginal female offender. Two theoretical
perspectives which explain the etiology of suicide are identified. Deprivation theory
emphasizes the role of the carceral environment while importation theory focuses on
individual inmate characteristics. Research evidence relating to the two theories is
reviewed. These opposing perspectives are rejected in favour of an interactionist
approach which stresses the interplay between environmental forces (e.g., social and
physical isolation created by incarceration) and individual risk factors (e.g., economic
deprivation and violence existing prior to the inmate's admittance to custody).
Hagey, N., Laroque, G., McBride, C. (1989). Highlights of Aboriginal conditions
1981-2001, Part 1(demographic trends), Part 2 (social conditions), Part 3
(economic conditions). Indian and Northern Affairs Canada.
•
CANADA: A survey of the Aboriginal conditions across three areas. Findings indicate that
Aboriginal peoples are growing rapidly, and continue to be younger than the Canadian
population. In addition, life expectancy among Aboriginal people is lower than the national
average with access to health care being a problem. Aboriginal families are also larger,
led more by lone parents, and rely more heavily on social assistance than average
Canadian families.
Hall, R.L. (1986). "Alcohol treatment in American Indian populations: An
indigenous treatment modality compared with traditional approaches". Annals
of the New York Academy of Sciences, 472, 168-178.
•
USA: It has been known for many years that alcoholism poses significant community
health problems for American Aboriginal groups. Investigates the use of the sweat lodge
as an indigenous treatment modality within established alcoholism treatment programs
under contract to the Indian Health Service. Goal: Describes characteristics of current
programs and investigates the relationship of the sweat lodge to other treatment services
which programs provide, as well as to their philosophic, demographic, and geographic
features. Method: The Indian Health Service’s list of 190 contract programs was stratified
into 6 regional areas from which a 20% sample was drawn randomly. Representatives of
39 projects in the random sample were interviewed by telephone. Personnel from 5 other
projects were interviewed. Results: programs that use the sweat lodge are evenly
distributed according to tribal emphasis, but those that do not use it are found
predominantly in the single tribe category (single-tribe - 64% not present/not encouraged;
several-tribe - 13% not present/not encouraged; non-tribal or pan-tribal - 23% not
present/not encouraged). Two other program characteristics that were related less
strongly to the sweat lodge were the presence of the Native American church in the
community and a client population composed of tribally mixed and non-status Aboriginals.
Where a Medicine Man was on-site 63% had/encouraged sweat lodge use. Absence of a
relationship exists between the sweat lodge and most program characteristics, which
indicates the flexibility with which the sweat lodge can be applied. Conclusion: sweat
lodge may have a major role in the prevention of alcohol abuse and in the creation of a
new Aboriginal identity.
Hann, R.G., & Harman, W.G. (1993). Predicting release risk for Aboriginal
penitentiary inmates. Prepared for Corrections Branch, Ministry of Solicitor
General of Canada, No. 1993-12.
•
CANADA: Documents initial stages of developing alternative scoring systems for
predicting release risk for Aboriginal penitentiary male and female inmates. Compares
alternative risk prediction systems with Nuffield system regarding predictive accuracy and
32
usefulness. Chapter 3 - Assessing Nuffield System: Nuffield scoring system has value
for predicting general release risk for Aboriginals. In fact, its predictive accuracy is similar
to the predictive accuracy of general release risk for non-Aboriginals. However, there is
still considerable potential for developing alternative risk prediction systems that would
improve on the performance of the Nuffield system. Chapter 4 - Alternative Prediction
Systems: developed two new scoring systems designed especially for the prediction of
general release risk for Aboriginal penitentiary inmates. One was based on a linear
regression analysis, the other on a Burgess scoring method. The new scoring systems
require considerably less information to develop risk scores than the Nuffield system.
Despite this advantage, a battery of tests showed that the alternative systems perform, at
least as well as, and often moderately better than the Nuffield system. Chapter 5 - Actual
Board Decisions: release risks already play a significant role in Parole Board members'
decisions of whether or not to release different groups of inmates to parole; use of
Burgess scoring system would likely result in a recommended overall parole release rate
for Aboriginals that was considerably higher than the actual parole release rate (would
also change which specific individuals would be granted and denied parole); actual parole
decisions resulted in a very similar (albeit slightly lower) overall rate of correct decisions;
both the statistical methods utilized in this study and the actual parole decisions resulted
in predictions of release risk which were accurate in only just over 70% of cases (room for
improvement); the best system for predicting risk might in at least some circumstances
combine the contributions of both the information provided by a statistical risk scoring
system and the additional expertise and experience of parole board members.
Harding, J. (1990). Strategies to reduce the over-incarceration of Aboriginal
people in Canada: A research consultation. Prairie Justice Research,
University of Regina, Aboriginal Justice Series Report No. 1.
•
CANADA: Results of a consultation with Métis and Indian groups, federal government
departments, university communities, legal aid lawyers, Aboriginal police officers, and
judicial representatives to identify areas of research that would contribute to addressing
the over-representation of Aboriginals in the Canadian prison population. Participants
expressed strong support for community-based participatory research approaches and
research which explores alternative justice program emerging from within Aboriginal
communities. Specific research themes identified include increased control/intervention by
Aboriginals with respect to justice programming, child welfare/youth support, education,
human services, and urbanization, impediments to Aboriginal justice, areas of politicallegal and social change such as public inquiries, parallel justice systems, constitutional
reform and self-government, and Aboriginal culture.
Harding, R.W. (1999). "Prisons are the problem: A re-examination of Aboriginal
and non-Aboriginal deaths in custody". Australian and New Zealand Journal of
Criminology, 32(2), 108-123.
•
AUSTRALIA: Discusses Royal Commission into Aboriginal Deaths in Custody (RCIADIC).
Suggests that, in the context of prison custody, equal or greater emphasis should be
placed on the nature of prison regimes and prisoner management to reduce the number of
Aboriginal custodial deaths. Compared custodial deaths for pre-RCIADIC (1980-87) and
post-RCIADIC (1988-98). During the post-RCIADIC period, recommendations made by
the RCIADIC were implemented at the prison levels, but were primarily concerned with
police custody. Results indicated that during the pre-RCIADIC period, 65% of Aboriginal
deaths occurred while in police custody. However, during the post-RCIADIC period, 77%
of Aboriginal deaths occurred while in prison. Concluded that the problem lies in the
prisons. Specific criticisms were leveled at the increasing number of drug-dependent
prisoners, prison overcrowding, and poor prison management (related to the prison
privatization that has occurred in Western Australia).
33
Harding, J., & Forgay, B. (1991). Breaking down the walls: A bibliography on the
pursuit of Aboriginal justice". Prairie Justice Research, University of Regina,
Aboriginal Justice Series Report No. 2.
•
CANADA: Listing of Canadian material regarding the pursuit of Aboriginal self-government
and alternatives to criminal justice. Provides source for literature dealing with: the criminal
justice system (including dominant system and Aboriginal people and criminal justice
programs for Aboriginal people); various judicial inquiries (e.g., Royal commission on the
Donald Marshall, Jr. prosecution, Manitoba Public Inquiry into Administration of Justice
and Aboriginal People, various Alberta inquiries, and others); socio-economic issues such
as health, education, employment/economic development, women's’ issues and initiatives,
cultural differences, urbanization, child and family welfare systems, violence, and racism;
self-government in Canada, the United States, and other countries exploring territorial and
constitutional matter, existing and proposed Aboriginal justice programs, and traditional
Aboriginal justice; and self-determination.
Harding, J., & Spencer, B. (1991). An annotated bibliography of Aboriginal
controlled justice programs in Canada. Prairie Justice Research, University of
Regina, Aboriginal Justice Series Report No. 3.
•
CANADA: An annotated bibliography, developed in response to a 1990 western Canadian
consultation, of Aboriginal controlled justice programs. Reviews literature and outlines
general trends in the areas of general justice issues, policing, courts, corrections, and
diversionary programs. Concludes that the problem of Aboriginal over-incarceration has
progressed to a point where fundamental changes must occur and suggests the
establishment of a parallel Aboriginal justice system.
Havemann, P., & Havemann, J. (1995). “Retrieving the ‘decent society’: Law and
order politics in New Zealand 1984-1993”. In K.M. Hazelhurst (ed.)
Perceptions of justice: Issues in indigenous and community empowerment.
Brookfield: Avebury.
•
NEW ZEALAND: Examines evolution of competing discourses which vie with each other
in the process of reshaping the New Zealand state to retrieve a ‘decent society’ based on
free market principles, a small state and a crime control apparatus integrated into the
‘community’. Particularly concerned with explicit and implicit discourses in the law, order,
and justice platforms of the major parties (Labour/National) in their election campaigns in
1984, 1987 and 1993. Identifies patterns of association between the rise of the Right and
law and order. Cohen summarizes their indices (7) of the drift to a repressive state.
Matches trends in New Zealand over the 1984-1994 period against these indices. The
National and Labour 1993 platforms promoted gemeinschaft through ‘community’
prevention, safer ‘communities’, ‘community’ policing, and reintegrating the family into the
archipelago of control (Cohen 1985: 118-127).
Havemann, P., & Turner, K. (1994). “The Waitangi tribunal: Theorising its place
in the re-design of the New Zealand State”. Australian Journal of Law and
Society, 10, 165-192.
•
NEW ZEALAND: Examines role of the Waitangi Tribunal as one element in a counterhegemonic process constructing the discourse for re-designing the New Zealand state.
Views the state, courts, Tribunal, law and justice as platforms of process. The work of the
Waitangi Tribunal: is best understood by conceptualizing it as a platform of process upon
which a counter-hegemonic struggle over rights is occurring; may be seen as an example
of an institution which expresses both a politics of difference and a politics of affinity in the
state and society of New Zealand; and is a platform of process for defining the nature and
ambit of claims and the principles of which political negotiation to “resolve” them will
proceed. Concludes: this article represents a work in progress identifying the nature and
34
role of the Waitangi Tribunal as a platform of process from which new principles for
interpreting the Treaty are emerging. One of the most telling roles of the Tribunal is
of”…rendering power visible”. Another significant aspect of the ideological work of the
Tribunal has been its function as a narrator of the stories of conflict. The ideological work
has wrought “revolutionary” change to the juridical political framework in which
Maori/Pakeha antagonisms are to be settled.
Hazlehurst, K., & Dunn, A.T. (1988). "Aboriginal criminal justice". Trends and
Issues in Crime and Criminal Justice, No. 13, Australian Institute of
Criminology, Canberra.
•
AUSTRALIA: Comparative analysis of Aboriginal and Torres Straight Islanders (TSI)
offenders versus non-Aboriginal offenders in prison. In spite of an overall decreasing trend
between 1981 and 1986, in 1986, while comprising 1.4% of the total population of
Australia, Aboriginals and TSI comprised 14.5% of the Australian prison population.
Female rates, generally higher than male, declined more dramatically, averaging 17%
over the 5 years. With alcohol-related violence as the most significant feature of serious
crime committed by Aboriginals and TSI, they were most likely to be in prison for offensive
behaviours and against good order offences, assault, driving and property-related
offences, and justice procedures offences and more likely than non-Aboriginals to be
imprisoned for these offences (33% vs. 24% for offences against the person, 12% vs. 7%
for against good order, and 16% vs. 6% for traffic/vehicle-related offences). Aboriginals
comprised a low proportion of prisoners convicted of white-collar offences and
premeditated crimes (8% vs. 16% for robbery/extortion and 1.5% vs. 14% for drug-related
offences) and no Aboriginals were in prison of prostitution or environmental offences.
Aboriginal children are also over-represented at every level in the juvenile justice system:
at the extreme ends of the spectrum, juvenile male offenders are 2.5 times more likely to
appear before Children’s Courts than Children’s Aid Panels while non-Aboriginal female
offenders are 5 times more likely to be handled by and Aid Panel. Contributing factors to
over-representation include judicial and policing issues, gaps between Australian law and
Aboriginal customary law, and Aboriginal mistrust of the justice system. Presents options
for reducing high incarceration rates, including improved police relations and special
cultural training for police, employment of community justice options, creating alternative
communication and dispute resolution mechanisms, and overall enhancement of the
quality of Aboriginal life.
Heckbert, D., & Turkington, D. (2001). Turning points: A study of the factors
related to the successful reintegration of Aboriginal offenders. Research
Report R-112, Correctional Service of Canada.
•
CANADA: Documents success stories of Aboriginal federal offenders who have become
law-abiding citizens. Method: interviews with 68 Aboriginal ex-offenders who had turned
their lives around. Findings: majority said their childhood was dysfunctional; in response
to early living conditions, many resorted to crime and violence; gradually turned their lives
around (factors: controlling alcohol and drug use, family support, being sick and tired of
being in trouble); factors for staying out of trouble include personal values and identity,
family, staying clean and sober, self-improvement activities and friends; Aboriginal
spirituality and cultural activities were major factors in recovery.
Heilbron, C.L., & Julius Guttman, M.A. (2000). "Traditional healing methods with
First Nations women in group counselling". Canadian Journal of Counselling,
34(1), 3-13.
•
CANADA: Describes a counselling group for First Nations and non-Aboriginal women who
are survivors of child sexual abuse, which utilized an Aboriginal healing ceremony. Intent
of research: investigate the influence of traditional Aboriginal healing practices and beliefs
35
in the therapy process for First Nations' women. Three areas were examined for their
influence on the group: Aboriginal healing ceremony; Aboriginal beliefs; focus on
community. Therapy techniques (silence, restatement and general leads) used as they
communicate respect. Challenges non-Aboriginal counsellors to be receptive to
alternative views of healing if there is to be any remedy for addressing the serious
problems that many First Nations' communities face. Inclusion of traditional ceremony and
beliefs into this therapy group for First Nations' women appeared to increase therapeutic
effectiveness. Recommends further investigation into the role of ceremonial healing and
Aboriginal beliefs in the counselling process.
Helwig, D. (2000). “NWT residents are accident prone, live shorter lives”.
Canadian Medical Association Journal, 162(5), 681-683.
•
CANADA: Reports on a NWT health status report. Life expectancy for Aboriginal males in
NWT is 70 years and 75 years for Aboriginal women (non-Aboriginal males 72 and
females 77). Probably due to higher incidence of alcohol use, smoking and infectious
diseases such as TB and chlamydia. Findings: 26% of NWT residents were heavy
drinkers compared with 9% of Canadians; 25% of NWT women consumed alcohol and
46% smoked during pregnancy; 45% of NWT residents aged 12 or older were smokers
compared to 30% of Canadians; teen birth rate was almost triple national average;
incidence of TB was 54 per 100,000 person years compared with national rate of 7.
Report available at www.hlthss.gov.nt.ca/hstatus.htm.
Hewitt, D., & Auger, D. (1995). Firewatch on Aboriginal adolescent gambling.
Nechi Training, Research & Health Promotions Institute, Edmonton, AB.
•
CANADA: Study designed to determine the extent and nature of gambling and problem
gambling among a cross-section of Aboriginal youth and to determine the personal,
cultural and social factors related to gambling and problem gambling. The following
research questions guided the study: what is the extent of gambling involvement among
Aboriginal youth; what are the current prevalence rates of problem gambling among
Aboriginal youth; and what are the personal, family, social and cultural factors which
distinguish problem gamblers from those who do not gamble and from those who gamble
without apparent problems? Methodology: 961 Aboriginal students enrolled in grades 5
through 12 in 28 schools in Alberta. Participants were surveyed using the South Oaks
Gambling Screen – Revised Adolescent (SOGS-RA) developed by Winters, Stinchfield &
Fulkerson (1993). Findings: 89% of the students had gambled for money in the past year
(male 92%, female 86%). Gambling began at the average age of 11. External factors:
drinking alcohol – 36% of the students drink alcohol regularly; drinking increased with age
but not with gender and the average age was 12; marijuana use – 45% of the students
had used marijuana in the past year, prevalence and frequency of use increased with age
but not with gender, use was 2.5 times that found in the general Alberta adolescent
population; smoking – 48% of the students smoked regularly or once in a while, female
58% and male 39%, smoking began at age 11; active in communities – 83% participated
in cultural events, 87% in sports and 56% in other activities; death of friends and family –
40% had friends die within last year and 70% had family members die; and violence and
sexual abuse were common experiences – 57% had been hit in anger and 17% had been
sexually abused. Problem gamblers, male (65%) and female (35%), were more likely than
non-gamblers to have experienced physical abuse and to have had their property
damaged or stolen. Were more likely to come from homes where one or both parents
gambled. Mother’s gambling was a concern (23%), family members committed suicide
(15%), to have experienced violence (71%) and sexual abuse (24%), to have had
arguments about gambling (46%) and gamble to forget their problems (30%).
Conclusion: study provides valuable information that can be used at the community level
to increase awareness about adolescent gambling problems and to stimulate the
development of problem prevention strategies.
36
Hodgson, M., & Heckbert, D. (1996). "Factors associated with successful
reintegration of Aboriginal offenders into the community". FORUM on
Corrections Research, 8(3), Correctional Service of Canada.
•
CANADA: Exploratory study to examine the lifestyles of some Aboriginal offenders who
successfully re-entered the community. Documents the positive impact of Aboriginal
spirituality and culture on Aboriginal offenders.
Hodgson, M., & Heckbert, D. (1995). Healing, spirit and recovery: Factors
associated with successful integration. Ottawa: Supply and Services Canada,
Solicitor General, Aboriginal Peoples Collection (APC 11 CA).
•
CANADA: Interviews with 20 Aboriginal persons who came into serious conflict with the
law, served time in Canadian penal institutions, and subsequently turned their lives
around. Found most participants had early lives which were painful and difficult. The
participants had different experiences of getting into trouble and attached significance to
different factors and feelings. For all participants, getting into trouble was associated with
extensive use of alcohol and/or drugs. For some, one or more pivotal moments stood out
in the events that led to the eventual change in their lives. Sometimes these were
associated with a particular person or a realization that life was not working for them.
Getting in touch with one's own spirituality was identified as a key to recovery by all
participants. This was linked to a sense of life purpose and personal identity. Important
influences along the path to successful reintegration included Elders, family, recovering
alcoholics, and counsellors or other professionals in the correctional or addictions fields.
Other Aboriginal persons are more likely to be seen as able to reach these offenders than
are non-Aboriginal persons.
Hogan, E.P., & Barlow, C.A. (2000). "Delivering counsellor training to First
Nations: Emerging issues". Canadian Journal of Counselling, 34(1), 55-67.
•
CANADA: Reports preliminary findings of a review of the outcomes of counsellor training
programs on two First Nations communities in Southern Alberta. Documented concerns
and issues raised by participants involved in the delivery of post-secondary counsellor
training. Data indicated two emergent themes: continuing influence of the past; and, the
struggle for cultural survival. Methodological framework was historical case study. Data
collection followed multiple methodologies including documents and interviews. Discusses
government of Canada and First Nations acknowledged need for healing of residential
school experience. No clear definition on what that healing might entail or how it can
effectively be addressed. Demonstrates that counsellor training programs were consistent
with students’ learning aspirations and could provide a bridge to other higher education
opportunities. Require curriculum that can effectively incorporate First Nations culture,
with traditional concepts of healing and holistic approach to teaching and learning.
Hope, F. (2002). Kikinahk parenting program. Prepared for the Board of
Directors, Aboriginal Healing Foundation. Project RB-67-SK.
•
CANADA: The Kikinahk Parenting Program (KPP) is delivered by the Kikinahk Friendship
Centre Inc. of La Ronge, Saskatchewan. Purpose: ensure that families will develop
traditional and modern parenting skills and ways of relating that will allow them to be
functional and healthy. The program is a blend of traditional parenting models together
with opportunities to learn modern expectations of parents. Most participants are young,
single parents, mainly women 20-40 years of age. KPP recognizes the following
community challenges to be severe (affecting 80% or more of the population): poor local
economic conditions, substance abuse, Fetal Alcohol Syndrome (FAS) and Fetal Alcohol
Effects (FAE) as well as family violence. Threats to reliability and validity of data: no direct
measurement of participants; indirect assessment of key informants heavily weighted; no
standardized instrumentation used to assess changes in parenting skill or ability; and,
37
quantitative information limited to statistics kept by local police and mental health officials.
Provides recommendations for team building, project delivery and evaluation.
Hyde, M. (1992). "Servicing Indian reserves: The Amerindian police". Canadian
Journal of Criminology, 34(3/4), 369-386.
•
CANADA: Findings of the Amerindian Police Program research project, a study of police
occurrence reports between 1978-83 on 25 Aboriginal reserves in Quebec policed by a
semi-autonomous force called the Amerindian Police. Of 17,000 responses to service
calls by police, 6,000 were for non-criminal incidents, most frequently for public aid and
resulted in referrals to other services such as youth protection, social and health services,
probation officers, and psychiatric centres. The overall police/population rations is
6.7:1,000 for the 25 reserves, compared to 2.2:1,000 for Canada as a whole. There were
1,550 violent, 1,750 property, 4,500 other Criminal Code, and 21,000 other statute
(primarily liquor and drug) offences overall, with great variation between different bands
and a higher overall rate of crime than the general Canadian population. Three-quarters
(74%) of offences are committed by adult males, 13% by adult females, 11% by juvenile
males, and 2% by juvenile females. Seventy percent of the offenders are under 30 years
of age. Alcohol plays a role in 47% of all offences but its status is unknown in 37% of
offences. It clearly does not play a role in 13% of offences. Victims of violent offences are
most likely to be family members (41%), 26% of which are spouses. Overall, females
(58%) are more likely to be victims of violent crimes than males (42%), and private
residences are the most frequent locations for violent, property, and other offences. Over
60% of victims are under 40 years of age. The total rate of charging per offence by the
Amerindian Police is about 1 in 5 with the mean of charging for property offences the
highest at 33%, followed by other statute offences (24%), violent offences (16%), and
other Criminal Code offences (12%). Some disposition data are also included. Concludes
that the dependency on police for services not otherwise available on reserves results in
high police to population ratios, increases the likelihood of police interventions, and
criminalizes behaviours that would not necessarily be considered criminal if other
agencies were involved. The Amerindian Police perform a peace-keeping and service
provision role while enforcing the laws of the dominant society and lessening the conflict
between bands and the federal and provincial governments over issues of policing.
Hylton, J.H. (2002) Aboriginal sex offending in Canada. Prepared for the
Aboriginal Healing Foundation. The Aboriginal Healing Foundation Research
Series.
•
CANADA: Reports on Aboriginal sexual offending in Canada. Examines incidence of
Aboriginal sexual offending; reviews trends over recent years; analyzes current
prevention, treatment, rehabilitation and healing approaches; and, enumerates gaps in
current services. Presents a strategic framework for addressing Aboriginal sexual
offending in Canada. Between 20-25% of convicted sexual offenders in Canada are
Aboriginal (approximately 150,000). The justice system has often failed to address either
the needs of Aboriginal victims or the aspirations of Aboriginal communities. The most
meaningful strategies for addressing Aboriginal sexual offending lie beyond the justice
system. Identifies the need to invest in community-based solutions, including early
intervention programs, crime prevention programs, and restorative justice programs.
Meaningful long-term strategies to address Aboriginal sexual offending will require the coordinated efforts of many partners.
38
Hylton, J. (1982). "The native offender in Saskatchewan: Some implications for
crime prevention programming". Canadian Journal of Criminology, 24(2), 121131.
•
CANADA: Reviews research findings about Aboriginal offenders in Saskatchewan and
examines implications for crime prevention programming. In 1976-77, with the Aboriginal
population of Saskatchewan at about 10% of the total province, 64% of males and 85% of
females admitted to provincial correctional centres were Aboriginal. Of persons released
between April and December 1976, 60% of Treaty Indians, 50% of non-status Indians,
and 32% of non-Aboriginals recidivated. Male Treaty Indians turning 16 in 1976 had a
70% chance of at least one incarceration by age 25, a non-status Indian or Métis male
had a 34% chance, and a non-Aboriginal male had an 8% chance. Sixty percent of
offenders had committed minor offences. Less than 10% of all offences were against the
person and 50% were related to drinking or driving. Provides data on health conditions,
housing, education, and employment and states that the over-representation of Aboriginal
people in the justice system is a symptom of inequities in these areas. Concludes that
traditionally conceived crime prevention programs are prone to creating a siege mentality
and do nothing to address the root causes of crime. Rather, they perpetuate existing
inequities which are the causes of crime. Instead, primary prevention, addressing social
and economic inequities, will reduce the victimization of Aboriginal people and prevent
their involvement in criminal acts.
Jaccoud, M. (1998). "Restoring justice in native communities in Canada". In
Walgrave, L. (ed.) Restorative justice for juveniles: Potentialities, risks and
problems for research. A selection of papers presented at the international
conference, Leuven, May 12-14, 1997 (pp. 285-299). Leuven: Leuven
University Press.
•
CANADA: Discussion of the development of contemporary RJ in native communities.
Traditional methods of conflict resolution - unrealistic to speak of a single native traditional
justice, but common principles include: importance of re-establishing harmony within the
group in case of conflict; flexibility of the social process in regards to conflict resolution
and the restoration of social balance; involvement of influent community members seeking
a solution and the absence of a specialized institution for dispensing justice. Compares
native to state justice system - history of the relationship between the State and the First
Nations regarding justice is a history of imposed justice. Describes community holistic
circle healing in Hollow Water, Manitoba - developed to find ways to stop the cycle of
sexual abuse (discusses 13 steps of program). Since its implementation in 1995, only 2
aggressors have repeated an offence but there are mixed opinion on the benefits of the
approach (evaluation by Lajeunesse, 1996). Suggests adopting a double track evaluation:
intra-evaluation (direct and indirect effect of the program) and inter-evaluation (comparing
effect of official system to those of the program).
Jackson, M. (1989). "Locking up natives in Canada". University of British
Columbia Law Review, 23(2), 215-300.
•
CANADA: Discusses the over-representation of Aboriginal people in corrections. In the
late 1980's about 10% of the federal penitentiary population was Aboriginal, compared to
about 2% of the population nationally. In western provincial correctional system, overrepresentation is even worse. For women, figures are even more extreme. Root causes
are usually attributed to social and economic conditions within which Aboriginal people
grow up and live. However, poverty itself isn't a sufficient explanation - poverty is a
product of a particular historical process which has affected native communities and the
real fundamental solutions lie in the reversal of that process. Process of colonization is the
cause - dispossession and marginalization has carried with it enormous costs of which
crime and alcoholism are but two items on a long list (e.g., infant mortality rate, violent
39
death, care of child welfare system, etc.). Explores alternatives to current system such as
Indian tribal courts in US; Aboriginal courts in Australia; village courts in Papua New
Guinea; assessment of overseas experience with Aboriginal courts. Discusses Aboriginal
justice systems in a Canadian context. Discusses accommodation within the existing
structures - native courtworker program; James Bay and Northern Quebec experience;
Inumarit of Arctic Bay NWT; Christian Island; pre-trial diversion. Native people in prison Correctional Law Review (Working Paper No. 7) recommends 2 broad approaches:
enactment of legislation to enable Aboriginal people to assume control of correctional
processes that affect them; reform of existing correctional legislation in less fundamental
ways, where the focus of control remains with the existing correctional systems
(Aboriginal offenders as disadvantaged offender group and deserving particular attention).
Jankowski, W.B., & Moazzami, B. (1994). “Size distribution of income and
income inequality among the native population of northwestern Ontario”.
Canadian Journal of Native Studies, 14(1), 47-60.
•
CANADA: Examines distribution of income among Native males and females in
Northwestern Ontario and provides estimates of annual income and degree of income
inequality. Their annual income is significantly below national and provincial levels.
Degree of income inequality within the Native population is greater than in provincial and
national populations. High incidence of low income among the Native population is
associated with levels of employment and educational attainment.
Jilek, W.G. (1974). Indian healing power: Indigenous therapeutic practices in the
pacific Northwest. Psychiatric Annals, 4(9), 13-21.
•
CANADA: Overview of Aboriginal therapeutic practices for mental health problems of the
Coast Salish Indian population of southern British Columbia and northern Washington.
Defines Anomic depression as a psychic, psychophysiological and behavioral syndrome
characterized by dysphoric feelings of existential frustration, discouragement, defeat, and
lowered self-esteem in the context of cultural and social deprivation. Describes the
process of the spirit ceremonial, the prescribed shamanic treatment for persons with “spirit
illness”. Spirit illness is the tradition-sanctioned label for the depressive symptoms
associated with the sociocultural deprivation and identity confusion of anomic depression.
Initiation process involves support of participants from the candidates’ family and people
all over the Coast Salish area, thus strengthening interfamily and intertribal ties. Group
therapy aspects provide all participants with support, acceptance, and stimulation by a
protective community and direct individual strivings towards collective goals.
Recommends combining modern western medicine with traditional American Indian
approaches in the Pacific Northwest.
Johnson, M.E., & Lashley, K.H. (1989). "Influence of native-American’s cultural
commitment on preferences for counselor ethnicity and expectations about
counseling". Journal of Multicultural Counseling and Development, 17, 115122.
•
USA: Examines effects of Native American undergraduate students’ cultural commitment
or preference for ethnically-similar counsellors. Assesses relationship of commitment to
expectations about counselling. Method: surveyed 55 female and 29 male native
Americans (ages 18 to 59). Participants represented 14 different tribes. Used two-part
questionnaire to gather demographic information and measure participants’ expectancies
regarding counselling. Assessed degree of cultural commitment to Aboriginal-American
and Anglo-American cultures using four statements. Rated degree of participation in tribal
activities and degree of proficiency in tribal language. Four second-order factors
calculated: personal commitment, facilitative conditions, counsellor expertise, and
nurturance. Results: strong commitment to Native American culture (60%) and weak
commitment to Native American culture (40%). Strong commitment to Native American
40
culture group indicated a greater preference for an ethnically-similar counsellor, and
higher expectations for counselling. Study results support need for examining within group
differences in minority research.
Johnston, J.C. (2000). "Aboriginal federal offender surveys: A synopsis". Forum
on Corrections Research, 12(1), 25-27.
•
CANADA: Findings from 2 studies of male Aboriginal offenders serving federal sentences
(1994, 1997). Overall incarcerated Aboriginal population constitutes a high needs group;
also a group that shares a background of physical or sexual abuse, early drug and alcohol
use, emotional problems, poor parenting and high educational and employment needs.
Johnston, J.C. (1997). Aboriginal offender survey: Case files and interview
sample. Prepared for Correctional Service Canada, Research Branch, Report
No. R-61.
•
CANADA: Survey of nation-wide samples of Aboriginal offenders in federal custody
(interviews, file review, CPIC). Findings: Aboriginal offenders' criminal histories were
characterized by a prevalence of violent offences. Early drug and alcohol abuse were
common, as were behavioural problems, physical and sexual abuse, poverty, parental
absence or neglect, attempted suicide. Although Aboriginal offenders' needs were across
the board, the highest were of substance abuse and emotional/personal needs. Aboriginal
group tended to be higher risk/higher needs population. There exists a significant
apprehension on the part of Aboriginal offenders to deal directly with Correctional staff.
Aboriginal offenders' constitute a highly spiritual group, mostly placing high value on their
traditions and culture. Also a high degree of participation in native cultural activities. There
was a common request for culturally-relevant programming. There tends to be a lack of
trust and overall acrimony with Correctional staff.
Johnston, J.C. (1994). Northern Aboriginal offenders in federal custody: A profile.
Prepared for Correctional Service Canada, Research Branch, Report No. R36.
•
CANADA: In-depth survey of approximately half (64) of the northern Aboriginal (56% Inuit
with the remainder primarily Dene, Métis, and Chippewan) offenders under federal
jurisdiction which shows that their offence patterns mirror the backgrounds from which the
offenders emerged. Primarily violent offenders, more than one-half have had at least one
conviction for a sexual offence while over 40% have at least 3 convictions on assault
charges. First language spoken was divided almost equally between Inuktituk (40%) and
English (39%). In addition to reporting high levels of poverty (36%), neglect (39%), and
absent parents (36%) during their youth, 84% abused alcohol, 50% abused drugs, 59%
were physically abused, and 22% were sexually abused leading to substantial learning,
behavioural and emotional problems. The majority (60%) have less than a grade 10
education with either a semi-skilled (47%) or unstable (30%) working situation prior to
incarceration. The majority (75%) also participated in traditional activities (craftwork,
special ceremonies, etc.) while almost one-half (42%) spent some time living “on the
land”, averaging about 1/3 of the year. Even though the majority (86%) of offenders
received few or no visits from friends and family, 78% have no problems with their
institutional performance or have records of very good performance. Seventy percent
participate in some sort of institutional program, more than half (52%) of which had very
positive attitudes toward the programs. Less than one-half (45%) have never participated
in Aboriginal programs, due to either lack of availability or the fact that the programs are
focused on Native cultures more from the south. All but 2 of the offenders planned to
return to the north upon release. The majority of offenders (67%) fall into the poor or very
poor risk categories for recidivism.
41
Jolly, S. (1997). Ontario Native Criminal Courtwork Program: Report on the Sault
Ste. Marie case audit. Ministry of the Attorney General.
•
CANADA: Discusses findings from a case audit of the Ontario Native Criminal Courtwork
Program in Sault Ste. Marie.
Kallies, F., & Gadbois, D. (2002). Shining Mountains Living Community Services:
Case study report on “Tawow Healing Home”. Prepared for the Board of
Directors, Aboriginal Healing Foundation. Project 1397-AB.
•
CANADA: Overview of the Tawow Healing Home delivered by the Shining Mountains
Living Community Service (SMLCS) of Red Deer, Alberta. Purpose: to provide a
culturally-based therapeutic home environment for Aboriginal children/adolescents and
their families at risk for involvement with protective services. Describes the Aboriginal
community within Red Deer, service delivery, team characteristics, and what the project
hopes to achieve in the short- and long-term. Main Goals: to build independence in
parenting and self-sufficiency based on significance, power, competence and virtue (the
four bases of self-esteem and traditional practices); to intervene prior to invasive
involvement of government systems in the family (child welfare, justice); to provide a
healing environment which is specific to the unique needs and beliefs of the Aboriginal
person by ensuring that direct services are delivered by Aboriginal service providers who
assist in rebuilding Aboriginal values, principles and beliefs; and, to provide a nonthreatening, voluntary process for family healing and empowerment that promotes the
growth of the family as a unit. Challenges: funding; program not equipped to deal with the
extra care and attention needed for participants affected by Fetal Alcohol Effects (FAE);
and, sustaining survivor involvement.
Keast, R. (1991). “A profile of Aboriginal and Islander prisoners in North
Queensland”. In S. McKillop (ed.) Keeping people out of prison: Proceedings
of a conference held 27-29 March 1990. Australian Institute of Criminology
Conference Proceedings No. 11, Canberra.
•
AUSTRALIA: Profile of Aboriginal and Islander inmates in North Queensland Correctional
Centres (prison file records). Comparing prisoners to general Queensland prison
population: largest % of both aged 20-40; 75% vs. 60% never married; 71% vs. 83% had
at least some secondary education; 55% vs. 47% unemployed; Aboriginal and Islanders
from remote communities imprisoned at a rate of at least 14 times that of the general
population; 58% vs. 33% committed offences against the person; 44% vs. 47% have
aggregate sentence of 2-10 years (belies assumption that Aboriginal are over-represented
in short-range sentences); 47% vs. 11% had alcohol as a contributing factor; recidivism –
76% vs. 55% with prior custodial experience. Rather than concentrating on reducing
Aboriginal prison population, resources would be better spent by releasing all prisoners
who fit a set criteria to community supervision and provide maximum programming
opportunities for the remaining prisoners. Also recommend establishment of graduated
release hostels; broad interconnecting strategies in the development of community-based
responses to sentencing options and crime prevention.
Kent, H. (1999). “Kidney disease rate rising 3 times faster in BC”. Canadian
Medical Association Journal, 161(2), 122.
• CANADA: Kidney dialysis population is rising rapidly in British Columbia. One reason for
the increase may be that the prevalence of diabetes, the leading cause of kidney failure, is
rising rapidly among Aboriginal and Asian populations.
42
Kettl, P., & Bixler, E.O. (1993). “Alcohol and suicide in Alaska natives”. American
Indian and Alaska Native Mental Health Research, 5(2), 34-45.
•
USA: Retrospective review of hospital records from the Alaska Native Medical Center
(controlling for age, sex, and race) for 33 Alaska Native suicide completers who died
between 1980-84. Suicide rates for Alaska Natives were twice the national average during
the study period. Only significant difference between suicide and control groups was the
history of a prior suicide attempt. Alcohol abuse was diagnosed more often than any other
psychiatric disorder in the suicide group and appears to be the most important antecedent
of suicide in this study.
Kirmayer, L.J. (1994). "Suicide among Canadian Aboriginal peoples".
Transcultural Psychiatric Research Review, 31(1), 3-58.
•
CANADA: Literature review on suicide among Canadian Aboriginal peoples. Suicide rates
are substantially higher for Aboriginal people than the general population. Peak age for
Aboriginal suicides appears to be 23-25, however, a trend has been observed that
indicates that younger Aboriginal may be at greater risk. A second peak occurs in
Aboriginal people between 60-65. Suicide attempts are more frequent in females but
suicide rates are higher among males. Likely due to the fact that males often choose
methods that are deadly. Single males and females have higher suicide rates; separated
and divorced Aboriginals or those living alone are also at higher risk. Suicides most often
occur in association with heavy alcohol consumption. One of the most troubling findings
was that isolation and seclusion of criminals in custody puts them at considerable risk for
suicide. Number of other interesting facts presented in this article help to shape a clearer
picture of Aboriginal suicide in Canada.
Kirmayer, L.J., Boothroyd, L.J., Laliberté, A., & Simpson, B.L (1999). Suicide
prevention and mental health promotion in First Nations and Inuit
communities. Culture and Mental Health Research Unit, Institute of
Community and Family Psychiatry.
•
CANADA: Rationale and guidelines for suicide prevention in Aboriginal communities.
Suicide prevention must be part of a larger, multi-faceted mental health promotion
strategy that is the responsibility of the whole community, band or region. Requires a
comprehensive central co-ordinating group to insure no gaps in the system and to avoid
duplication of efforts. Outlines primary suicide prevention strategies for Aboriginal
communities (training youth as peer counsellors; school curriculum with mental heath and
cultural heritage components; recreational and sports programs; workshops on life skills,
problem solving and communication; parenting skills workshops; support groups for
individuals and families at risk; cultural programs for the community; collaboration
between community workers in health, social services and education; training in mental
health promotion for lay and professional helpers) and intervention services that form part
of the prevention strategy (training of primary care providers; regional crisis hotline; crisis
centre; immediate crisis intervention; assessment and intervention services for parents of
youth at risk). Outlines levels and types of prevention; reviews major risk and protective
factors for suicide that inform prevention programs; reviews elements of suicide
prevention programs that have shown to be effective; and presents program guidelines
and recommendations. Reviewed 29 programs and chose nine as appropriate models for
Aboriginal communities who wish to use an existing program (outlined in their Appendix
A). Identifies the need for post-intervention services to help family and friends cope with a
loss due to suicide. Requires continual systematic evaluation of the prevention strategy
and its major elements.
43
Kirmayer, L.J., Brass, G.M., & Tait, C.L. (2000). “The mental health of Aboriginal
peoples: Transformations of identity and community”. Canadian Journal of
Psychiatry, 45(7), 607-617.
•
CANADA: Reviews recent research on mental health of First Nations, Métis and Inuit
people in Canada and examines the social origins of the high rates of depression,
alcoholism, suicide, and violence in many communities. At 4% of the Canadian
population, there are approximately 1 million Aboriginal people in Canada with 11 major
language groups and more than 58 dialects distributed among 596 bands residing on
2,284 reserves, or in cities and rural communities. Paper is divided into several areas
which examine the "cultural discontinuity" experienced by Aboriginal people, including:
social origins of distress (examining the effect and history of European colonization of
North America and the displacement of North America's indigenous peoples); impact on
mental health (examines role colonization had on mental health of Aboriginals, and the
greater extent Aboriginals experience mental health problems than the Canadian
population); transformations of identity and community (examines ethnic identity and
characteristics of Aboriginal culture and psychological construct); and, implications for
mental health services and health promotion. While levels of mental heath problems in the
Aboriginal population vary greatly between individual communities, levels in the Aboriginal
population as a whole are at twice the level of the non-Aboriginal population in Canada.
This is a direct consequence of a history of dislocation, disruption of traditional
subsistence patterns and connection to the land, and government policy, which views the
Aboriginal population as a ubiquitous group. Concludes that local control of community
institutions and cultural continuity may contribute to better mental health and recommends
that psychiatric practice be adapted to local cultural concepts of the person, self, and
family that vary across Aboriginal communities.
Kirmayer, L.J., Hayton, B., Malus, M., Jimenez, V., Dufour, R., Quesney, C.,
Ternar, Y., Yu, T., & Ferrera, N. (1994). Suicide in Canadian Aboriginal
populations: Emerging trends in research and intervention. Culture and Mental
Health Research Unit, Report No. 1. Report prepared for the Royal
Commission on Aboriginal Peoples.
•
CANADA: Reviews scientific literature to situate the problems of Aboriginal peoples within
the larger context of suicide in Canadian society to identify those that are distinctive for
Aboriginal groups. Aboriginal suicide rates are three times that of the total Canadian
population. Aboriginal youth (ages 10-29) on reserves are 5-6 times more likely to die of
suicide than their peers in the general population. Male status Indians (ages 20-29) have
the highest rates of suicide of any group in Canada. Risk factors contributing to suicide:
predisposing factors; immediate environmental factors; and social-cultural factors.
Conclusion: suicide is a response to feeling trapped in a dead-end with no exit. Prevention
of suicide must counteract frustration, hopelessness and unbearable pain and provide
other means of changing or escaping intolerable circumstances. Conventional mental
health approaches must fit with community values. Social problems of economic
disadvantage, the breakdown in the transmission of cultural tradition and identity, and
political disenfranchisement need to be addressed. Recommends a comprehensive
approach to the problem of suicide be integrated within larger programs of health
promotion, family life education, community, cultural development, and political
empowerment.
Kishk Anaquot Health Research (2001). An interim evaluation report of Aboriginal
Healing Foundation program activity. Prepared for the Aboriginal Healing
Foundation.
•
CANADA: The Aboriginal Healing Foundation (AHF) is a federally funded, Aboriginallyrun, non-profit corporation created in 1998 to support community-based healing initiatives
44
of Aboriginal people affected by physical and sexual abuse in residential schools including
intergenerational impacts (the Legacy). Evaluates the implementation of service delivery
objectives to date and the attainment of short- term outcomes as a way of being
accountable to several primary stakeholders. The process evaluation was a primarily a
descriptive exercise reliant upon information already available through internal databases,
document files and supplementary information secured through a mail-out survey and
one-to-one interviews with national stakeholders (sample of 36 files reviewed, and all 344
projects sent surveys - 74% response rate). Selected 13 sample projects to fully represent
all target groups, Aboriginal groups, regions and the range of geographic remoteness.
Comparative information was unavailable. Relied heavily on self-report data for both
descriptions of program impact and attribution analyses. Any evaluation of AHF efforts
must be framed within a comprehensive health paradigm that closely parallels traditional
Aboriginal notions of well being. There is still a great disparity between Aboriginal
communities on the healing journey.
Kowalsky, L.O., & Verhoef, M.J. (1999). “Northern community members’
perceptions of FAS/FAE: A qualitative study”. Canadian Journal of Native
Studies, 19(1), 149-168.
•
CANADA: Prevalence of FAS/FAE among Aboriginal people are highly variable (e.g., 65%
of children born prior to 1976 in Canim Lake BC while 17% of those born in 1980's).
Qualitative research examined concerns and beliefs about FAS/FAE identified by service
providers, community resource agencies, community members and individuals affected by
FAS/FAE in a northern community. Teachers estimated 40% of kindergarten and 25-30%
of general student population have FAE, while 2/3000 elementary school students
received FAS diagnosis. Barriers to dealing with FAS/FAE: sensitive subject; religious and
philosophical discord; lack of anonymity; lack of knowledge; denial; attitudes toward
alcohol; and, uniqueness of the community.
LaFramboise, T.D., & Rowe, W. (1983). "Skills training for bicultural competence:
Rationale and application". Journal of Counseling Psychology, 30(4), 589-595.
•
USA: Typical mental health practices of the federal government and other agencies are
neither sufficiently meaningful nor helpful for American Indian people. Discusses
advantages of the skills training model and the utility of the concept of bicultural
competence. Proposes skills training model as a conceptual framework from which human
services can be provided for the personal and emotional needs of Indian people in a
respectful manner. Advantages to skills training: less culturally biased; great promise in
terms of preventive applications; emphasizes use of modelling in a small group setting;
more effective than alternative treatments; applicable to a wide range of problem areas).
Conclusion: the cultural adaptation of social skills training appears to be a more effective,
accountable, and respectful means of providing preventative psychological service to
American Indian people than traditional psychotherapy. American Indians are more likely
to respect the less interfering, consultant role of professionals who recognize their
advisory function within a holistic and increasingly self-determining social system.
Laishes, J. (1996). Retrospective study of inmate suicides in the
Correctional Service of Canada (April 1, 1992 to March 31, 1996). Health
Services, Correctional Service of Canada.
•
CANADA: Final report on 66 suicides that occurred in the Correctional Service of Canada
(CSC) from April 1, 1992 to March 31, 1996. Method: examined suicide investigation
reports; psychological reviews completed as part of the investigation; progress
summaries; incident reports; and follow-up telephone conversations. Many characteristics
of those who committed suicide are similar to the profile of all offenders (e.g., Caucasian,
30-39, single, French, high school education, incarcerated for robbery or murder, history
of extreme violence, alcohol/drug abuse). Male Aboriginal suicide rate within CSC is
45
slightly below the expected level based on proportionate representation in the on-register
population (although approximately 12% of CSC inmates are Aboriginal, the suicide rate
for Aboriginal inmates is approximately 8%). Identifies trends that emerged over the 4year period that may be useful in the Service’s suicide awareness, prevention and
education programs (e.g., majority had been transferred within 6 months, had negative or
isolated relationships in institution, demonstrated no signs of suicidal intent). Outlines
recommendations targeting these findings and addressing suicide awareness and
prevention. Results support need for any suicide risk assessment used within CSC to
include factors such as: family background, parental substance abuse; childhood physical
or sexual abuse; mental health status, depression; and infectious disease status. The
highly idiosyncratic nature of suicide reinforces the fact that dynamic strategies hold the
most promise for suicide prevention: careful observation; quick referral to professional
staff; and effective intervention. The key to suicide prevention is capable, aware,
motivated and properly trained correctional staff with a proactive administration.
Lane, P., Bopp, M., Bopp, J., & Norris, J. (2002). Mapping the healing
journey: The final report of a First Nation research project on healing in Canadian
Aboriginal communities. Aboriginal Peoples Collection, Aboriginal Corrections
Policy Unit, Solicitor General Canada.
•
CANADA: Research aimed at uncovering the rich experience of Aboriginal communities’
healing processes and programs. Designed to look at the whole question of personal,
family and community healing as it relates to the cultural, economic, political and social
renewal of Aboriginal communities. Provides an integrative perspective with which to
understand a very diverse and complex process. Developed a type of “map” of the
“territory” covered by personal and community healing work. Primary data source:
Aboriginal practitioners and community programs within six project sites. In-depth
consultations were held with community program leaders, key volunteers and the core
healing teams of each of the communities: Eskasoni First Nation, Cape Breton Island,
Nova Scotia; Esketemc First Nation, otherwise known as “Alkali Lake”, in British
Columbia; Hollow Water First Nation in southeast Manitoba; Mnjikaning First Nation, at
Rama, Ontario; Squamish First Nation near Vancouver, British Columbia; and
Waywayseecappo First Nation in southwestern Manitoba. The research process was
designed to answer questions organized in three clusters of questions: What is healing?
What is the healing journey? What is the healing future? Community healing process goes
through four distinct stages: journey begins; gathering momentum; hitting the wall; and,
from healing to transformation. Provides recommendations for communities in recovery.
Langan, P.A. (1991). Race of prisoners admitted to state and federal institutions,
1926-1986. Office of Justice Programs, Bureau of Justice Statistics, U.S.
Department of Justice.
•
USA: Documents racial composition of U.S. prisoners in state and federal institutions on a
year-by-year and state-by-state basis from 1926 to 1986. Highlights long-term growth in
the size of the black prison population from 21% in 1926 to 44% in 1986 in spite of only a
2% change in the size of the black community in the general population. The percentage
of other races considered together (Asians, Alaska Natives, American Indians, and Pacific
Islanders) remained fairly stable at 1% of admissions. Overall admissions to state and
federal prisons changed significantly increasing from 36 per 100,000 population in 1926 to
63 per 100,000 population in 1986 for whites and from 106 in 1926 to 342 in 1986 for
blacks, while decreasing from 62 in 1926 to 17 in 1986 for other races including
Aboriginals.
46
LaPrairie, C. (2002). "Aboriginal over-representation in the criminal justice
system: A tale of nine cities". Canadian Journal of Criminology, 44(2), 181208.
•
CANADA: Explores the potential contribution of nine cities to the over-representation of
Aboriginal people in the criminal justice system. The nine cities are large urban areas
known in Statistics Canada terms as Census Metropolitan Areas (CMA’s): Halifax,
Montreal, Toronto, Thunder Bay, Winnipeg, Regina, Saskatoon, Edmonton, and
Vancouver. Analyzes data from Statistics Canada, Department of Indian Affairs and
Northern Development (DIAND), Canadian Centre for Justice Statistics (CCJS) and
Correctional Services Canada (CSC) on Aboriginal offenders and over-representation and
other Aboriginal criminal justice research. Explores a number of theoretical concepts such
as social disorganization and social learning theory. Advantage and disadvantage are
disproportionately distributed in urban centres across the country. The nine cities are
grouped into high, medium and low “contribution to over-representation” cities based on
the demographics of their Aboriginal populations. Suggests that more research is required
to understand how advantage and disadvantage are bestowed on reserve and, by
implication, on urban Aboriginal populations. Regional variation of over-representation of
Aboriginal people: 0 for Prince Edward Island and Quebec; 1.5 to 2 times higher than
expected in Nova Scotia and Newfoundland; 5 times in British Columbia; 7 times in
Manitoba; 9 times in Alberta and Ontario; and 10 times in Saskatchewan. Aboriginal overrepresentation within the federal prison population has grown from 11% to 17% from
1991/92 to 1998/99 respectively. Location of offending: 54% of Aboriginal youth lived in a
city during the two years prior to the current admission. Characteristics of offenders: Adult
Aboriginal offenders are generally younger, have less education, and are more likely to be
unemployed than are non-Aboriginal offenders (Boe, 2000; Trevethan, 1993). In a 1999
one day snapshot of Aboriginal youth in custody across Canada, three-quarters of the
youth were First Nations (83% Status Indian, 16% Métis, 3% Inuit and 2% Inuvialuit).
Status Indians comprise only 50% of the total Aboriginal populations in these cities (41%
in Halifax and Montreal, 75% in Thunder Bay and 65% in Regina). Research finding
suggest that Status or Registered Indians are over-represented in the incarcerated
Aboriginal population. On most socio-economic variables, the Registered Indian group is
“below” the total Aboriginal group mean scores but there is considerable city-by-city
variation. There is also considerable variation in the range differentials for participation
rate, age below 24, complete post secondary education, and lone parent indicators.
Aboriginal and non-Aboriginal population comparisons: non-Aboriginal population is
generally more advantaged than Aboriginal; Aboriginal population is generally more
advantaged than the Registered Indian one, except in Eastern Canada; regional
disparities are more extreme for Aboriginal than non-Aboriginal population; and nonAboriginal population across the country is more homogenous than Aboriginal.
Comparing high, medium and low “contributor to over-representation” cities:
characteristics that distinguish high contribution cities from low and medium ones are the
nature and size, age, educational attainment, income, employment, and family structure of
their respective Aboriginal populations. Another overriding characteristic about high
contribution cities not identified is the degree of Aboriginal population concentration in
their inner cities. Most important finding is that if one is Aboriginal and living in a city, the
degree of advantage or disadvantage one experiences is related to the geographic
location of that city. Collective efficacy and social capital theories would suggest that it is
social and economic organizations and related structures of advantage or disadvantage
that affect people’s lives and dictate crime and disorder, both on reserve and in city
neighbourhoods. A better understanding of the regional distribution of inter-group
Aboriginal and Aboriginal/non-Aboriginal advantage and disadvantage also allows for a
better understanding of regional variation in levels of over-representation, and for
determining the policies and programs that will enhance social capital for the most
disadvantaged individuals, families, and communities.
47
LaPrairie, C. (1999a). "Sentencing Aboriginal offenders: Some critical issues". In
J.V. Roberts and D.P. Cole (eds.) Making sense of sentencing (p 173-185).
Toronto: University of Toronto Press.
•
CANADA: Literature review addressing the role that sentencing plays in generating high
Aboriginal incarceration rates. To understand the high imprisonment rates, must look at
the incidence of crime, socio-economic and other characteristics of Aboriginal offenders,
type of offences, migratory patterns, birth rates and age distributions. Higher incarceration
rates for Aboriginal offenders may be justified by their longer or more serious criminal
histories. Aboriginal inmates tend to receive similar or marginally shorter sentences than
non-Aboriginal inmates in federal facilities, but this is not as apparent among provincial
offenders. Although comparative data on prior records of Aboriginal and non-Aboriginal
accused are limited, criminal record is likely one factor in determining the severity of
sentence imposed. Seriousness of the offence is another factor (larger proportion of
Aboriginal offenders are incarcerated for crimes against the person). Extent to which
Aboriginal people are over-represented in prison varies across Canada (highest in the
Prairies, lowest in Atlantic and Quebec). Other factors to consider: living in urban areas;
population characteristics; age distributions; education; labour force participation and
income. Concludes by noting that the absence of reliable and comprehensive information
results to misunderstanding and misinformation of Aboriginal offenders which creates a
deeper division and suspicions about the criminal justice system. Also stresses the need
to conduct more research into the sentencing of Aboriginal and non-Aboriginal offenders
to examine the impact of the sentencing reform law.
LaPrairie, C. (1999b). "The impact of Aboriginal justice research on policy: A
marginal past and an even more uncertain future". Canadian Journal of
Criminology, 41(2), 248-260.
•
CANADA: Suggests the amount of primary and evaluation research conducted regarding
Aboriginal criminal justice is minimal and argues that it should be increased. The gaps in
the current body of research fall into two areas: understanding over-representation and
understanding community. While there appears to be much research into overrepresentation, it is largely anecdotal, non-comparative, and jurisdiction specific. Solid
data and analysis are required for the social and demographic characteristics of the
Aboriginal population, Aboriginal and non-Aboriginal offence patterns, policies and
practices of the criminal justice system as it affects Aboriginals and non-Aboriginals, and
the availability of social, community, and other resources. In understanding community,
three areas of research are required: ethnographic research; primary data collection into
the nature and extent of crime and the availability and capability of human and other
resources; and, developing and learning from Canadian Aboriginal justice programs.
Concludes that the many unanswered questions about the relationship between
Aboriginal people and the criminal justice system are due to a lack of understanding and
adequate research and that current popular explanations (impact of residential schools
and loss of cultural identity) are only a part of the complete picture.
LaPrairie, C. (1997a). "Reconstructing theory: Explaining Aboriginal overrepresentation in the criminal justice system in Canada". Australian and New
Zealand Journal of Criminology, 30(1), 39-54.
•
CANADA: Attempt to explain Aboriginal over-representation in the Canadian criminal
justice system, using a multi-dimensional model which incorporates cultural, structural,
historical and contemporary dimensions. Three possible causes of Aboriginal overrepresentation include: differential criminal justice system processing as a result of culture
conflict and racial discrimination; higher Aboriginal offending rates; and the commission by
Aboriginal people of the type of offences that are more likely to result in incarceration. A
fourth factor, criminal justice policies and practices that have a differential impact on
Aboriginal offenders due to their socio-economic conditions, also contributes to the over-
48
representation. A decline in interdependency in Aboriginal communities has come about
as the result of historical processes, as well as cultural dislocation and the decline of
informal mechanisms of social control. Three factors are most conducive to a crime
problem: large group of marginalized and non-integrated people in communities because
of the uneven distribution of resources; reserves are not generally integrated into
mainstream society and the resulting alienation is most prominent in those with the fewest
connections to mainstream society; and exposure to dysfunctional family life and
childhood abuse have profoundly negative effects on individual development.
LaPrairie, C. (1997b). Seeking change: Justice development in Laloche. Policy,
Planning and Evaluation Branch, Saskatchewan Justice.
•
CANADA: Provides a picture of community life in the primarily Dene Village of LaLoche,
Saskatchewan and identifies critical developmental issues for the Community Justice
Development Worker Project (CJDWP) and an alternative measures program managed
by the Community Development Corporation (CDC). In 1996, 60% of the population of
Laloche was 24 years of age and under (versus 39% in Saskatchewan as a whole),
labour force participation for those 15 years and older was 32%, and 62% of the over 15
population completed school to a maximum of Grade 9. At almost 5 times that of the
province, the 21.6 rate of alcohol psychosis and alcoholism is almost 5 times that of the
province. The crime rate was 55,211 per 100,000 population (provincial rate of 10,017 in
1995) with personal offences and failure to appear/comply as the most common Criminal
Code offences. Offenders are young males (50% are 18-24 years of age), poorly
educated (78% grade 9 or less), and unemployed (87%). Fines are the most commonly
used disposition (62%), followed by incarceration (24%). In total, there were 124
offenders admitted to detention, 91 to probation, and 65 to remand. Recommendations
are made with respect to clarifying goals, activities and relationships of the CDC and
roles, responsibilities, objectives and timeframes for the CJDWP. Provides guidelines for
establishing a formal Alternative Measures Program.
LaPrairie, C (1995). "Altering course: New directions in criminal justice Sentencing circles and family group conferences". Australian and New
Zealand Journal of Criminology, 28, 78-99.
•
CANADA: Preliminary exploration of two new approaches in criminal justice which have
importance implications for indigenous and Aboriginal communities - sentencing circles in
Canada and family group conferences in Australia. Discusses emergence of restorative
justice and discusses within new paradigm of justice. Creation, theory, principles and
procedures of two approaches are described and some critical evaluation questions are
identified. Examines role of victims in sentencing circles and family group conferences
and discusses some victim responses to new initiatives. Argues that sentencing circles
and family group conferences will have to prove themselves before declaring success in
redressing concerns with the mainstream criminal justice system upon which the
restorative justice movement is based, while, at the same time, recognizing the merit in
exploring new approaches.
LaPrairie, C. (1994a). Seen but not heard: Native people in the inner city. Report
1: The inner city sample, social strata, and the criminal justice system.
Department of Justice Canada.
•
CANADA: First of 3 reports about Aboriginal people in the inner cities of 4 large urban
centres and the disproportionality of Aboriginal people incarcerated in correctional
institutions. Describes the sample, the inner city social strata, and the response of the
criminal justice system to Aboriginal offenders and victims as well as their perceptions of
the system. Debunks a long-held assumption that Aboriginal people are equally at risk for
the commission of crime and criminal justice processing by identifying 3 distinct groups:
49
Inner 1 (those at street level - using soup kitchens, shelters, drop-ins, and on the street),
Inner 2 (those attached to social and justice agencies), and Outer (those with addresses
outside the inner city). As the most disadvantaged and marginalized, 95% of Inner 1
males and 83% of females have been charged with a Criminal Code offence, compared to
91% of Inner 2 males and 67% of females (a group considered in transition), and 82% of
Outer males and 52% of females (most advantaged group and involved in systems of
social control). Overall, the inner city people are poorer, less skilled, and less educated
than other Canadians, Aboriginal and non-Aboriginal alike. While the majority of
Aboriginals believe they are treated fairly by police, courts, and the criminal justice
system, there are perceptional differences between those living in cities and those on
reserves. Concludes that Aboriginal people involved in the criminal justice and
correctional systems are not a homogeneous group and that reducing the involvement of
the study group is required to reduce the involvement of Aboriginal people as a whole.
Identifies possible approaches in the areas of crime prevention, provision of services, and
the criminal justice system, primarily policing.
LaPrairie, C. (1994b). Seen but not heard: Native people in the inner city. Report
2: City-by city differences - The inner city and the criminal justice system.
Department of Justice Canada.
•
CANADA: Second of three reports expands on concepts developed in the first report and
examines whether differences in the treatment and response of the criminal justice
system, and/or in offending patterns, in the inner cities of Edmonton, Regina, Toronto, and
Montreal, explain the variation in east/west Aboriginal correctional levels. The interaction
of certain factors, such as social and economic position, education and employment
levels, alienation from the community, family, and friends, length of time living in the city,
and the level of female victimization, predict the degree of involvement in the criminal
justice system. While charging and types of charges laid are similar, the higher levels of
Aboriginal incarceration in western cities is due to the fact that the Aboriginal population is
more marginalized with little education and employment and few skills. They reside longer
in cities and come from highly disruptive families. Changing the circumstances that propel
Aboriginal people into the criminal justice system and altering the physical, spatial and
emotional/spiritual conditions in which they live are essential to reducing their overall
involvement in the system.
LaPrairie, C. (1994c). Seen but not heard: Native people in the inner city. Report
3: Victimization and family violence. Department of Justice Canada.
•
CANADA: Last of a series of 3 reports, examines the victimization of Aboriginals in inner
cities. Includes a literature review on family violence and victimization. Almost 75% of the
sample experienced family violence in childhood, 25% of the most severe kind. About
one-half (46%) experienced child abuse, 50% witnessed spouse abuse, and 20%
experienced child sexual abuse (2/3 by females). Two-thirds of the sample experienced a
victimization (varies by gender and location), more than 50% of which resulted in serious
injury, compared to 10% of the Canadian population. Concludes that typical family
violence solutions are designed for more affluent groups and ignore the extent of the need
of this group. Identifies two options for responding to this violence: change the childhood
conditions in which many Aboriginals live and community conditions which create
problems in the first place; and, reduce the social and economic marginality of this groups
as adults.
50
LaPrairie, C. (1992). "Aboriginal crime and justice: Explaining the present,
exploring the future". Canadian Journal of Criminology, 34(3/4), 281-298.
•
CANADA: Identifies themes, sets parameters and establishes conceptual guidelines for
articles in a special issue devoted entirely to questions of Aboriginal criminal justice.
Australian criminologist, John Braithwaite’s, book entitled, Crime, Shame and
Reintegration (1990) is used to introduce some of the more prominent considerations in
Aboriginal criminal justice such as “shame” and “healing”, “informal justice” and
“communal values”. Braithwaite’s theory is based on the use of shame in preventing crime
and on the dual processes of shame and reintegration in responding to it. Success of the
approach depends upon the existence of communitarianism, interdependency, and
cultural homogeneity within the group. Contemporary Aboriginal communities may be
adopting more individualistic values and looking to formal structures to resolve personal
problems. Braithwaite concludes that Aboriginal people could be on the leading edge of
change in criminal justice in considering new justice initiatives which: use shame “potently
and judiciously”; integrate rather than stigmatize offenders; recognize the need to redress
power imbalances; and rely on enhanced family and community institutions to sustain
them.
LaPrairie, C. (1990). "The role of sentencing in the over-representation of
Aboriginal people in correctional institutions". Canadian Journal of
Criminology, 32(3), 429-440.
•
CANADA: Discusses meaning and causes of Aboriginal over-representation (differential
treatment, differential commission of crime, differential offence patterns). Examines the
criminal justice processing explanation and argues the need to redirect the issue to social,
political and economic spheres. Police decision-making: difficult to point to differential
police charging and arrests as the basis for the disproportionate incarceration rates
(Bienvenue & Latif, 1974 - found over-surveillance of Aboriginal people by police); critical
information gap (are Aboriginal people being differentially arrested and charged, overpoliced, investigated differently, are there differences among types of police forces, is
there geographic variation in police response). Judicial decision-making - unwarranted
disparity in dispositions: Dubienski & Skelly (1970) found relatively fair treatment of
Indian accused except in the are of regulatory offences; Hugan (1977) found more severe
sentencing of Aboriginal people in rural areas; Boldt, Hursh, Johnson & Taylor (1983)
found no evidence of harsher or more lenient sentencing. These findings provide no
definitive answers to the question of racial bias or unwarranted disparity in sentencing
Aboriginal people - more data are necessary. Judicial decision making - unwarranted
disparity in sentence lengths: shorter sentence lengths for Aboriginal offenders
(Canfield & Drinnan, 1981; Hagan, 1974; Hylton, 1981; Schmeiser, 1974), perhaps
reflecting the fact that they received custodial sentences for less serious offences. Moyer
(1987) found Aboriginal homicide offenders received less severe sentences than nonAboriginal offenders for same offence categories. Bonta (1989) found no significant
differences between average sentence lengths for Aboriginal and non-Aboriginal
offenders even when controlling for criminal history. Discussion: need more empirical
data; sentencing of Aboriginal people must account for factors (cultural, historical, political,
social, economic, and geographic) that have created a particular identity and environment
for Aboriginal groups in Canada.
LaPrairie, C. (1989). "Some issues in Aboriginal justice research: The case of
Aboriginal women in Canada". Women & Criminal Justice, 1(1), 81-91.
•
CANADA: Presents an explanatory model relating to involvement of Aboriginal women in
the criminal justice system. Context is over-representation of Aboriginal people in
Canadian criminal justice system. Argues for the need to take a broader multi-disciplinary
approach to the theoretical issues of Aboriginal criminality and develop a more complete
database to better understand the dimensions of the problem. Conclusion: commitment
51
required to know the exact nature and scope of the problems within broader context of
colonization and underdevelopment so that real needs of Aboriginal people in conflict with
the law be met.
LaPrairie, C. (1984). "Selected criminal justice and socio-demographic data on
native women". Canadian Journal of Criminology, 26(2), 161-169.
•
CANADA: Examines the involvement of Native Woman in the criminal justice system.
Aboriginal women are over-represented in the criminal justice system, both federally and
provincially/territorially. According to Bienvenue and Latif (1974), Aboriginal women
committed twice the number of offences against the person as did their male counterparts.
Aboriginal women are severely disadvantaged in the social and economic arena. LaPrairie
stressed program and policy makers to look at the social and economic conditions of
Aboriginal women in order to understand and address the needs of Aboriginal women who
are in the criminal justice system. The lack of information on the effects of loss of status,
off-reserve migration, and urban-rural living, makes it difficult to confront many of the
problems facing Aboriginal women, particularly those women involved in the criminal
justice system.
LaPrairie, C. & Diamond, E. (1992). "Who owns the problem? Crime and disorder
in James Bay Cree communities". Canadian Journal of Criminology, 34(3/4),
417-434.
•
CANADA: Examines the “ownership” of crime and disorder, specifically relating to the
James Bay, Quebec Cree communities. Distinctly Aboriginal communities (on-reserve,
where Aboriginals are a majority) absorb much of their own justice problems whereas
Aboriginal offences committed off-reserve (where Aboriginals are a minority) are more
likely to be owned by the criminal justice system. Each of these types of communities has
a distinct set of justice problems. A lack of information, knowledge, and understanding
about the criminal, family, and civil justice systems and the fact that only a small
proportion of crime and disorder problems end up in formal court are primary issues onreserve. While the proportion of crime and disorder may be the same on- and off-reserve,
there is not the same community “cushion” and more Aboriginal accused are formally
processed and appear in court off-reserve. Compared to 85% in Val d’Or, in the James
Bay Cree communities, only about 1/3 of reported criminal or potentially criminal offences
were officially recorded, with 12% of those proceeding to court. Four factors contribute to
on-reserve community ownership: attrition (of 2,500 reports to police, 900 occurrence
reports were generated, with only a few proceeding to a charge because of the frequency
with which victims wanted to drop charges or withdraw complaints); the nature of crime
and disorder (very high proportion of interpersonal incidents); the characteristics and
repetition of offenders (single males 17-25 years old, with limited education and skills and
a small number offenders accounting for the majority of offences at a rate of 3.2 offences
per offender per year); and the large range of variation in the communities (geography,
populations, education, skill and experience levels, local interest in justice issues) making
standardized justice unfeasible. These factors, along with the decline in traditional
practices of social control and the desire of the Cree to reinstate these practices point to
the fact that the external justice system can only play a limited role in dealing with onreserve crime and disorder. Establishment of community-based justice initiatives onreserve and a re-examination of sentencing practices combined with new community
sensitive approaches, such as intermediate sanctions, off-reserve are recommended.
Community-based justice may also be useful to non-Aboriginal communities which share
kinship, small size, and remoteness characteristics, in which greater control over justice
matters may be more effective.
52
LaPrairie, C., Mun, P., & Steinke, B. (1996). Examining Aboriginal corrections in
Canada. Aboriginal Peoples Collection. Aboriginal Corrections Policy Unit,
Solicitor General Canada, APC 14 CA.
•
CANADA: Review of literature about the state of Aboriginal corrections. Use of
imprisonment: Canada relies on imprisonment more than many other countries;
variables which influence the use of imprisonment include criminal justice and societal;
majority of sentences are less than 6 months; crime increases from east to west; Prairies
have most marginalized Aboriginal populations and consistent use of imprisonment for
life-style related offences. Who goes to prison: not always those who have committed
serious crimes - also catch-basins for social problems, chronic minor offenders, those the
public deems most in need of punishment, and property offenders; disproportionality of
certain socially and economically marginalized racial groups such as blacks and
Aboriginal people. Aboriginal offenders, offending and imprisonment: Aboriginal and
non-Aboriginal offenders share attitudes, peer group support and personality factors that
promote the commission of crime are similar and shaped by family background, poverty,
school experiences, exposure to violence and isolation from opportunities, options and
other factors that influence the adoption of pro-social attitudes. They differ on culture,
geography and exposure to mainstream society. Aboriginal offenders are
disproportionately represented in most provincial/territorial and federal populations;
greatest in 3 Prairie provinces. Also disproportionately represented in admissions for
violent offences, particularly in federal institutions, for which they are also receiving
shorter sentences. They are generally younger, have more prior contact with criminal
justice system, come from more dysfunctional backgrounds, higher rate of offending, and
commit more offences that typically result in imprisonment. Explaining Aboriginal overrepresentation: decline in interdependency among people in Aboriginal communities
which has come about as the result of historical processes which have reproduced
mainstream social structure without accompanying institutional development. This has
been exacerbated by cultural dislocation and the decline of informal mechanisms of social
control. The end result is socially stratified communities. Three factors are most conducive
to a crime problem: large group of marginalized; reserves are not generally integrated into
mainstream Canadian society; and, exposure to dysfunctional family life and childhood
abuse. Programming for Aboriginal inmates - principles of effective programming:
proper administration and implementation of programs, sound conceptual model of
criminality, recognition of individual differences, targeting criminogenic needs, and style
and mode of treatment must correspond to the learning characteristics of offenders.
Needs of females have not adequately been reflected. Lack of information on value of
mainstream programs for Aboriginal offenders; need to evaluate: whether objectives have
been met, offender interest and involvement in programs, offender's institutional
behaviour, linking of cultural programs with other institutional programs, re-offending,
potential for inmate to continue with programs when released, offender's ability to
integrate into family and community, community support and recognition of
cultural/spiritual change in offender, community support for content of cultural/spiritual
programming, and offender participation in programs. Correctional personnel and
inmate survey results: provincial offenders were younger and have more previous
incarcerations than federal offenders; federal offenders had more access to programs;
employment and education considered the greatest needs and alcohol the greatest
problem. Not enough programs in institutions and not enough community programs upon
release. Differences between correctional personnel and inmate perceptions about levels
of release, security classification, adequacy of assessments, family support and family
problems, and Aboriginal participation in non-Aboriginal programming. Agreement on
need for more programs inside and outside institution, use of Aboriginal program people,
limited qualifications of staff, and lack of community support. Four R's - risk, release,
recidivism and reintegration: Aboriginal offenders less likely than non-Aboriginal to
receive full parole (but more TAs), but seriousness of offences appear to explain the
differential full parole release rates. Higher Aboriginal recidivism rates. Reintegration of
53
offender into community where the community provides support and assistance should be
a major focus of correctional policy. Positive effects of institutional programs are wasted if
follow-up programs are not available in the community. Where do we go from here:
reduction in reliance on imprisonment is most likely to occur with sweeping systemic
changes whereby both legal and administrative capacities are aimed at increasing the use
of intermediate sanctions. Other: use of diversion programs and decriminalization of
certain offences; comprehensive community corrections act; permanent sentencing
commission.
LaRocque, E.D. (1994). Violence in Aboriginal communities. Catalogue No. H7221/100-1994. Report prepared for Health Canada.
•
CANADA: Issue of domestic violence in First Nations and Métis communities is one that
demands urgent study and action. There is every indication that violence has escalated
dramatically. Paper focuses on family violence as it affects Aboriginal women, teenagers
and children, paying special attention to sexual violence within the Aboriginal community.
Paper addresses: women's perspectives on factors that generate and perpetuate
domestic violence; and, strategies proposed to reduce and eliminate violence.
Law Courts Education Society of British Columbia (1994). First Nations Journeys
of Justice: A curriculum for kindergarten to grade seven.
•
CANADA: Curriculum developed for students - teaches concepts and practices of justice
from the perspective of First Nations ways of knowing.
Linden, R. (1998). Making it work: Planning and evaluating community
corrections and healing projects in Aboriginal communities. Solicitor General of
Canada, 1-73.
•
CANADA: Includes chapters comparing conventional and restorative justice approaches;
planning community corrections and restorative justice programs; identifying and
describing justice problems and needs; developing and carrying out action plans; and
monitoring and evaluating programs. Also describes the necessary evaluation criteria for
restorative justice programs and how important it is to select the right outcome measures.
Such measures for victims include satisfaction with the process, whether or not victims
have a major role to play in the process, whether victims feel less fearful and do they feel
they have been treated fairly. Some outcome measures for offenders include whether they
are less likely to be imprisoned, whether they are given the opportunity to participate in the
justice process, whether they are encouraged to change their behaviour, and whether or
not they receive sufficient community support.
Loh, S. (1990). Population projections of registered Indians, 1986-2011. Statistics
Canada.
•
CANADA: Findings indicate that growth rate of the registered Indian population is likely to
remain high until 1990 (between 5-7%), but then fall to 0.8-1.8% in 2011. In addition, the
Aboriginal population will grow at a faster pace than the total population of Canada with
63% living on reserves and 37% living off reserves in 2011.
Long, R., & Cowie, R. (1999). “Tuberculosis: 4. Pulmonary disease”. Canadian
Medical Association Journal, 160(9), 1344-1349.
•
CANADA: Case studies on patients with pulmonary TB disease. Cases of pulmonary TB
are usually found in groups that are high risk of carrying the tubercle bacillus in a dormant
form, notably Aboriginal people, foreign-born people from countries with a high prevalence
of TB, poor and homeless people from the inner city, and elderly people.
54
MacDonald, M.P. (1997). "Perceptions of racism in youth corrections: The British
Columbia experience". Canadian Journal of Native Studies, 17(2), 329-350.
•
CANADA: Examined experience of Native youth in British Columbia with the criminal
justice system. Interviewed 45 Native youth and 35 senior correctional managers, and
examined youth correctional files, social worker reports, probation reports, incident
reports, victim impact statements and pre-disposition reports. Found that, similar to their
adult counterparts, Native youth have been identified as experiencing differential
treatment within the youth justice system in Canada. Native youth and correctional senior
management in BC felt racist attitudes and behaviours were not overtly present. However,
most Native youth in BC's correctional facilities had lengthy histories of physical, sexual,
emotional and substance abuse. Native youth experienced discrimination at different
levels of the criminal justice system, most from foster home placements. To improve their
health and dysfunction's, suggest that effective prevention strategies must address the
social needs of Native youth, provide them with life skills, employment training and
education.
Mail, P.D., & Johnson, S. (1993). “Boozing, sniffing, and toking: An overview of
the past, present, and future of substance use by American Indians”. American
Indian and Alaska Native Mental Health Research, 5(2), 1-33.
•
USA: Overview of Indian peoples, alcohol misuse, and the prevalence of drug and
inhalant experiences. Looks at the survival of the American Indians, beginning with the
historical and then sketching out the magnitude of the present problem and future
directions for solutions and interventions. Substance abuse is a universal problem but is
more problematic for American Indians. Alcohol is among the top ten leading causes for
American Indians mortality (includes heart disease, accidents, cancer, diabetes,
pneumonia, homicide, suicide, cirrhosis and intentional injuries). The high mortality and
morbidity rates demand solutions and intervention from the Indian Health Services and
Bureau of Indian Affairs. Using multidisciplinary approaches is recommended to avoid or
reduce the risk for Amerindians youth's becoming vulnerable to alcohol and drugs.
Mailloux, L., & Gillies, P. (2001). Inuit health information initiative: Discussion
paper. Prepared for Pauktuutit Inuit Women’s Association and Inuit Taprisat of
Canada.
•
CANADA: Goal of discussion paper is to assist Inuit Tapirisat of Canada (ITC), Inuit
communities and the Canadian government to move forward in developing an Inuitspecific health information model that fully addresses the needs of Inuit, and supports
their interests as a nation. Highlights issues that Inuit communities and decision-makers
should consider when evaluating their roles and responsibilities in the collection,
management and reporting of health information. Three principles guide this paper: Inuit
ownership and control of data collected on them should be determined by them; health
depends on a multitude of factors as reflected in the holistic Inuit worldview, the principle
of Inuuqatigiitiarniq; and Inuit health issues are unique and distinct from those of First
Nations. A 1999 ITC consultation indicated that 75% of Inuit interviewed responded that
promoting a holistic approach to health and well-being was one of their top priorities.
Health information management systems need to be harmonized in the North. Two
challenges must be met:: existing data collection systems need to be harmonized across
regions and jurisdictions; and traditional Inuit knowledge, practices and values must be
welcomed into the modern medicine in the North and reflected into the Inuit health
infostructure. Protocols must be developed to address issues of access, privacy,
confidentiality, liability and security of data. Need to establish a comprehensive, region
specific, capacity-building strategy to ensure that Inuit communities are able to fully
participate in the decision-making process. Need to develop an Inuit-specific and
controlled Health Infostructure and Research Agenda that will truly meet their needs.
Outlines recommendations in 6 key areas: capacity-building; harmonization and
55
collaboration; data ownership, control and access; traditional knowledge; research; and,
infrastructure.
Malchy, B., & Enns, M.W. (1997). "Suicide among Manitoba's Aboriginal people,
1988 to 1994". Canadian Medical Association Journal, 156(8), 1133-1139.
•
CANADA: Compared characteristics of suicides among Aboriginal and non-Aboriginal
people in Manitoba between 1988 and 1994 using a retrospective review of suicides
based on an analysis of records held by Office of the Chief Medical Examiner. Agestandardized suicide rates were 31.8 and 13.6 per 100,000 population per year among
Aboriginal and non-Aboriginal people, respectively. Mean age of Aboriginal people who
committed suicide was 27 years, compared to 44.6 years for non-Aboriginal people. Blood
alcohol levels at the time of death were a mean of 28 mmol/L among Aboriginal people
and 12 mmol/L among non-Aboriginal people. Before their death, 21.9% of non-Aboriginal
suicide victims had sought psychiatric care compared to 6.6% of Aboriginal suicide
victims. Although the suicide rate was higher among Aboriginal people living on reserve
than among those living off reserve (52.9 v. 31.3 per 100,000 per year), both of these
rates were substantially higher than the overall rates among Aboriginal people. No
significant differences in mean age, sex, blood alcohol level and previous psychiatric care
among Aboriginal people who committed suicide living on and off reserve.
Mals, P., Howells, K., Day, A., & Hall, G. (1999). "Adapting violence rehabilitation
programs for the Australian Aboriginal offender". Journal of Offender
Rehabilitation, 30(1/2), 121-135.
•
AUSTRALIA: Examine issue of whether the needs of Aboriginal offenders are met in
existing programs for violent offenders. Conducted semi-structured interviews with 14 (10
of Aboriginal decent) human service workers with experiences relevant to rehabilitation
programs for Aboriginal offenders (asked how cultural differences might impact on
program delivery and how programs could be made more responsive to Aboriginal
needs). General agreement that male offenders suffered from low self-esteem, feelings of
frustration, anger and powerlessness, however, these feelings were less marked in
remote communities. Violence was viewed by most of the participants as a learned
response to deal with conflicts. Participants were unanimous in their view that the majority
of victims of Aboriginal violence were other Aboriginal peoples with the contextual factors
predominantly being inter-family feuds, jealousy within intimate relationships, and alcohol
intoxication. Mixed views as to whether it would be more beneficial to segregate treatment
groups into Aboriginal and non-Aboriginal, but general agreement that there was a strong
advantage to using Aboriginal facilitators. Agreed that prison-based programs would not
be effective alone as the Aboriginal offender would be divorced from the broader
community.
Manitoba Corrections (2000). Gang intervention program framework and
strategy: A proposal. Manitoba Department of Justice.
•
CANADA: Manitoba, and specifically Winnipeg, has a unique ethnic makeup of Aboriginal
street gangs that have experienced tremendous growth in the last decade. The Manitoba
Department of Justice researched and developed the Manitoba Corrections Gang
Intervention Program. This program complements the gang management methods
already in place in correctional institutions. The committee’s goal: to develop a structured,
comprehensive program that addresses (criminogenic) needs specific to gang members.
Targets the pro-criminal lifestyle, anti-social values and attitudes common to gang
members. Designed to motivate and facilitate gang member disassociation from their
active criminal involvement as part of a street gang and promote a system supported
adoption of pro-social attitudes, values, and behaviour. Identifies seven guiding principles
and four key components that situate the gang problem as part of a larger socio-economic
problem. The program developed consists of 4 key components: primary and secondary
56
criminogenic needs; cultural/spiritual teachings; work; and, community resource and
continuity of service.
Manitoba Métis Federation (2001). Community needs assessment for Métis
offenders in Manitoba. Research Report R-111, Correctional Service of
Canada.
•
CANADA: Needs assessment in Winnipeg to obtain a sense of what needs Métis inmates
and their families have, and what services they would find most supportive for successful
reintegration. Method: survey of Métis inmates, family members and community
representatives; examination of survey providers. Findings: need to develop supports
and services that are Métis-specific (e.g., Métis presence in operating correctional
facilities and parole services; Métis-specific programming; family and Elder visitation
programs; stronger presence of Métis culture and spirituality; during incarceration and
after release, Métis inmates and their families need support if the probability of successful
reintegration is to be enhanced; incarcerated offenders and families typically have multiple
deficits, dealing with such a complex constellation of problems would best be approached
through participation in a Métis-operated healing centre.
Mason, R. (2000). The healing of Aboriginal offenders: A comparison between
cognitive-behavioural treatment and the traditional Aboriginal sweat lodge
ceremony. Master’s Thesis, University of Saskatchewan, Saskatoon, SK.
•
CANADA: Examines experiences of federal Aboriginal offenders who attended cognitivebehavioural programming and the traditional Aboriginal Sweat Lodge ceremony as part of
their healing while incarcerated in a forensic psychiatric hospital with the Correctional
Service of Canada. Method: interviewed 11 respondents using qualitative semi-structured
interviews in accordance with a “Grounded Theory” protocol (Glasser & Strauss, 1967).
Investigates differing acculturation/deculturation levels of participants and the relation or
impact that this has on the reported experience in either treatment approach. Results
revealed that respondents saw both of these treatment approaches as having interesting
points of parallel but, by far, there were more differences than similarities. Respondent
comments uncovered strengths and weaknesses of both treatment approaches revealing
insights into areas requiring address. Provides directions for future research, suggestions
and recommendations with the intent of enhancing each approach so that the efficacy of
correctional programming with Aboriginal offenders will be sensitive and responsive to the
needs of its client population.
Mauser, G.A. & Holmes, R.A. (1992). "An evaluation of the 1977 Canadian
firearms legislation". Evaluation Review, 16(6), 603-617.
•
CANADA: Examines impact of 1977 firearms legislation which amended the Criminal
Code by increasing penalties for anyone convicted of firearms misuse and strengthened
registration requirements. Pooled cross-section, time-series model was used for data sets
consisting of unemployment rates, percent Status Indian, percent immigrant, percent male
youth and clearance rate for homicides (data from 9 provinces, 1968 to 1988). Results
indicated that the firearms legislation did not have a significant effect on homicide. Found
that Native Indians were disproportionately represented among murder suspects. Also
found that the more Status Indians living in a province, the higher the rate of homicide.
Finally, unemployment was found to be a powerful social factor in homicide rates
indicating that when unemployment is higher, homicide rates are conversely so.
57
May, P.A., & Van Winkle, N. (1994). "Indian adolescent suicide: The
epidemiological picture in New Mexico". Journal of the National Center
Monograph Series, 4, 2-34.
•
USA: Examines data from 31 years of suicide mortality experience among young
American Indians (<30) in New Mexico. Suicide rates among American Indians reached a
plateau in the late 1970's and began a slight decline in 1982-1986. Navajo youth suicide
rate has risen over the years, while the rates among Apache and Pueblo haven't.
Nevertheless, the rates of all groups remain too high (Apache and Pueblo are 3 times the
U.S. rates). Highest rates generally occur in the ages 20-29 rather than in younger age
groups. Indian females have substantially lower rates of suicide death than males. Most
youth suicides continue to be reservation residents who kill themselves around their
residences. Youthful suicides are most common on weekends, in 1st and 3rd weeks of the
month and in late evening or early morning. Currently there are fewer suicides in the
spring and more in the fall, possibly related to school.
McCormick, R.M. (2000). "Aboriginal traditions in the treatment of substance
abuse". Canadian Journal of Counselling, 34(1), 25-32.
•
CANADA: Describes traditions and philosophy behind successful substance abuse
treatment strategies used by Aboriginal people in Canada. Drugs and alcohol are used to
deal with anxiety and pain associated with centuries of cultural dislocation. Obstacles to
mainstream treatment approaches include shame and embarrassment in admitting to
problems of drug and alcohol abuse and trust and intimacy issues. Research
demonstrates that cultural breakdown is strongly linked with alcohol abuse (Duran, 1995;
York, 1990). “Connections” have been stressed in this paper: connection to traditional
Aboriginal culture and values, meaning, extended family, community, spirituality and
identity. Conclusion: “culture is treatment”. It is essential that both researchers and
practitioners recognize this connection and incorporate culture into the field of Aboriginal
substance abuse treatment.
McCormick, R. (1995). "The facilitation of healing for the First Nations people of
British Columbia". Canadian Journal of Native Education, 21(2), 251-322.
•
CANADA: Explores the facilitation of healing for First Nations people living in B.C. in order
to develop a comprehensive scheme of categories that will describe what facilitates
healing from a First Nations perspective. Involved interviews with 50 First Nations adults.
Results indicate that healing can be facilitated by: participation in ceremony, expression of
emotion, learning from a role model, establishing a connection with nature, exercise,
involvement in challenging activities, establishing a social connection, gaining an
understanding of the problem, establishing spiritual connection, obtaining help or support
from others, self care, setting goals, anchoring self in tradition, and helping others. An
effective healing program for First Nations people would invoke empowerment, cleansing,
balance, discipline, and belonging.
McCrimmon, P. (2000). Tsow-tun-le-lum: Case study report for “Qul-Aun
program”. Prepared for the Board of Directors, Aboriginal Healing Foundation.
Project Number: HC-36-BC.
•
CANADA: Describes Qul-Aun Program, participants’ needs, physical context, team
characteristics, and short- and long-term potential achievements. Outlines how change
was measured and apparent trends. Objective of the program: develop an in-patient
program which provides a healing opportunity for those people who have issues caused
by abuse trauma and where those issues have been contributing factors in their
substance abuse relapse and their inability to deal with life stresses in the areas of selfcare, parenting and relationships. One main goal is to develop lasting healing from the
legacy of physical and sexual abuse from the residential school system, including inter-
58
generational impacts. Social indicators: sexual abuse, physical abuse, incarcerated and
children in care. Group experiences were favoured when addressing matters directly
related to residential school, the impact of past trauma and drug addictions. Individualized
treatment was favoured when treatment addressed foster placement, identified triggers
and cultural oppression. Conclusion: difficult to determine whether the program has
developed lasting healing from the Legacy as this cannot be measured for a few years.
Interview and program satisfaction survey reveals tremendous instant gratification that is
still felt six months after completing the program.
McDonald, R.J. (1991). "Canada's off-reserve Aboriginal population". Canadian
Social Trends, 23, 2-7.
•
CANADA: Based on 1986 Census and Aboriginal Peoples Survey, describes Canada's
off-reserve Aboriginal population. Examines: population distribution; age and mobility;
family characteristics; Aboriginal ancestry; Registered Indians; education levels; labour
force; income; urban Aboriginal population; prosperity and attitudes by province; offreserve Indians in the United States.
McDonnell, R.F. (1992). "Contextualizing the investigation of customary law in
contemporary native communities". Canadian Journal of Criminology, 34(3/4),
299-316.
•
CANADA: Discusses the concept of customary law and its application in both
ethnographic and political contexts; fundamental questions about the role of ethnography
in an essentially political milieu; and issues that arose in the course of a project examining
the relationship between the Crees of east James Bay and the Canadian/Quebec justice
system. Concludes that community consultation processes must be instituted in a creative
manner, such that the diverse concerns of contemporary native communities can find
expression and that community members can reach mutually acceptable solutions to
common problems.
McDonnell, R.F. (1991). "Justice for the Cree: Research in progress in James
Bay". Canadian Journal of Criminology, 33(2), 171-174.
•
CANADA: Overview of a participatory research project which examines crime and justice
issues in nine James Bay Cree communities, with the intent of outlining appropriate and
realistic solutions. Information on funders, researchers, and methodology is outlined.
McIntyre, L., Connor, S.K., & Warren, J. (2000). “Child hunger in Canada:
Results of the 1994 National Longitudinal Survey of Children and Youth”.
Canadian Medical Association Journal, 163(8), 961-966.
•
CANADA: Examined prevalence of hunger among Canadian children and the
characteristics of, and coping strategies used by, families with children experiencing
hunger. Data originated from the first wave of data collection for the National Longitudinal
Survey of Children and Youth (1994). Included 13,439 randomly selected Canadian
families with children aged 11 years or less. Respondents asked about child’s experience
of hunger and consequent use of coping strategies. Results: hunger was experienced by
1.2% of the families in the survey. Single-parent families, families relying on social
assistance and off-reserve Aboriginal families were over-represented among those
experiencing hunger. Hunger co-existed with mother’s poor health and activity limitation
and poor child health. Parents offset the needs of their children by depriving themselves of
food.
59
McNamara, L. (1992). Aboriginal people and criminal justice reform: The value of
autonomy-based solutions. Canadian Native Law Reporter, 1, 1-13.
•
CANADA: Compares the recommendations of the Royal Commission into Aboriginal
Deaths in Custody (RCIADIC) in Australia and the Aboriginal Justice Inquiry (AJI) of
Manitoba. Key point of departure: level of autonomy which the respective reports
advocate for Aboriginal peoples both in the context of the administration of justice and in
the wider context of Aboriginal political status and activity. While the RCIADIC placed the
fundamental problem of Aboriginal over-representation within the context of a denial of
political autonomy, it clearly refrained from endorsing any significant exercises of
Aboriginal autonomy in terms of the administration of justice. The AJI recommended that
Aboriginal people be empowered to establish their own justice systems (every component
of the justice system operational within an Aboriginal community - from police to
prosecutor to court to probation to jails - must be controlled by Aboriginal people).
Australian and Canadian situations are not identical. Comparison reveals underlying need
to recognize that Aboriginal people are entitled to exercise a genuine degree of autonomy
in all areas that affect their lives.
McShane, D., & Berry, J.W. (1988). "Native North Americans: Indian and Inuit
abilities". In S.H. Irvine & J.W. Berry (eds.) Human abilities in cultural context
(pp. 385-426). Cambridge: Cambridge University Press.
•
USA: Searches for patterns of human abilities in culture areas that can be viewed as
collective adaptations to particular ecological settings. Material is organized according to
six regions: Arctic, Sub-Arctic, West Coast and Mountain, Central, East and Southwest.
Outlines classes of explanation of Aboriginal abilities to explain test performance variation.
Examined classes of explanation: ecological press as a general “regional” model; and
several competing “D” models (deficit, difference, and developmental). Two conclusions:
analysis of empirical results and ethnographic studies advance the hypothesis that some
Aboriginal groups process information differently from Euro-Americans, and also from
other indigenous peoples in contrasting habitats; although generalizations have centered
on the configuration and level of performance in the visual and verbal domains, there is no
evidence to confirm the validity of inferences from poor group performance in secondlanguage verbal tests, or to suggest that specific differences lie exclusively in these areas.
Alternative explanatory models would need to be set against each other in longitudinal
designs that consider level of analysis, life stage, and situational boundaries to resolve
any of the questions raised in this review.
Mercredi, O.W. (2000). Aboriginal gangs: A report to the Correctional Service of
Canada on Aboriginal youth gang members in the federal corrections system.
Aboriginal Issues Branch, Correctional Service of Canada.
•
CANADA: Review of the program needs of “Aboriginal youth gang members” in the
federal correctional system and makes recommendations on program needs and
direction. Report is based on oral submissions made by Aboriginal offenders and Elders.
Issues: labeling is counter-productive; need to recruit Aboriginal educators and Aboriginal
educational institutions for the purpose of helping to design and deliver educational and
healing programs that are culturally-appropriate and effective; Elders’ work needs to be
facilitated and supported within the correctional system; and the problems and challenges
associated with “Aboriginal youth gang” members within the federal prison system cannot
be addressed in isolation from the general population. Aboriginal communities and
leadership have to become more involved in determining and running the programs and
services that are needed by the Aboriginal people in correctional facilities throughout
Canada.
60
Métis National Council. (2000/01). Snapshot of the nation: An overview of the
Métis Nation’s governance structures and institutions.
•
CANADA: Overview of Métis Nation’s current governance structures and institutions at a
national, provincial and community level across the Métis Nation homeland (Métis Nation
of Ontario, Manitoba Métis Federation, Métis Nation – Saskatchewan, Métis Nation of
Alberta, Métis Provincial Council of British Columbia). Highlights existing governance
structures, programs and services delivered to Métis people through these infrastructures
and the benefits and measurable results achieved from these initiatives. Designed to
foster an understanding and appreciation of the capacity, ability and effectiveness of the
Métis Nation’s governance structures and institutions within Canada.
Midford, R. (1988). Imprisonment: The Aboriginal experience in Western
Australia. Australia and New Zealand Journal of Criminology, 21, 168-178.
•
AUSTRALIA: Overview of Aboriginal imprisonment in Australia from colonization to
present. Imprisonment as a method of control applied out of cultural context is largely
ineffective. Patterns of events and statistical evidence presented support an argument that
imprisonment of Aborigines in Western Australia has never been effective in any of its
intended aims (Broadhurst 1986). Outlines: attitudes to Aboriginal imprisonment; cultural
factors affecting Aborigines’ experiences of imprisonment; consequences of imprisonment
for Aborigines; and theories of causation. Scope for reform: Suggests measures which
could go some way towards redressing the cultural disadvantage experienced by
Aborigines (decriminalize offences for public drunkenness and disorderly behaviour; fines
could be related to offenders' capacity to pay; arrangements for bail could be made that
do not depend upon the financial resources of the offender; increase use of summons
rather than arrest; provide interpreters for legal proceedings; greater recognition to
customary Aboriginal law; greater involvement by Aborigines in law enforcement; greater
support to self administering Aboriginal communities to increase effectiveness of their
authority and social control mechanisms; resist expansion of prison capacity).
Mill, J.E. (1997). “HIV risk behaviors become survival techniques for Aboriginal
women”. Western Journal of Nursing Research, 19(4), 466-490.
•
CANADA: Aboriginal female population appears to be over-represented in HIV statistics in
northern Alberta. Although approximately 6% of Albertans are Aboriginal, Aboriginal
people represent approximately 10.5% of the HIV-positive clients seen in HIV clinics since
1985. Qualitative research to explore cultural factors that relate to the high HIV infection
rate in these women (n=8). Life histories of the women revealed many common
characteristics. Most had lived in unstable family situations, moved frequently, and
experienced strained interfamilial relationships. All of the women except one had endured
physical, emotional and/or sexual abuse during their childhood.
Mills, D.K. (1989). Alcohol and crime on the reservation: A 10-year perspective.
Federal Probation. 53(4), 12-15.
•
USA: Explores hypothesis that all reservation crime is alcohol-related by examining the
extent to which alcohol is a factor in reservation felony convictions in the District of
Wyoming over a 10-year period. Method: reviewed pre-sentence investigations for cases
between January 1, 1978 and December 31, 1988 to ascertained if alcohol was a factor in
the crime. Examined alcohol histories of defendants to determine if they acknowledged a
problem with alcohol or had participated in alcohol treatment. Collected data concerning
prior convictions of alcohol related offences and violence. Findings: 62 Aboriginals
convicted of felonies over 10-year period. In almost 70% of felony convictions, perpetrator
was intoxicated at the time of the offence. Direct relationship between abusive drinking
and violence (71% of offences were violent; 80% defendants under the influence). Almost
65% admitted to being an alcoholic and over half had some prior exposure to alcohol
treatment. Recommendations: effective probation officer should have an appreciation for
61
the social milieu of the reservation and be tolerant of the special problems faced by such a
caseload.
Morse, B., & Lock, L. (1988). Native offenders' perceptions of the criminal justice
system. Canadian Sentencing Commission, Canada.
•
CANADA: Presents views of inmates and parolees concerning the sentencing process.
Survey of Native inmates selected from federal and provincial correctional institutions.
Responses varied among provincial and federal inmates - the longer prisoners are in the
correctional system, the more aware they become that it is a complete system. Results
demonstrate that the Native inmate population is representative of the plight of Aboriginal
people as a whole, with an extremely high unemployment rate, low level of high school
completion, high rate of contact with the criminal justice system and a general lack of
understanding of criminal law and procedure. Some indicators for the over-representation
of Aboriginal peoples in the criminal justice system: social conditions created by
colonization, chronic poverty, racism and legal dependency. Included profiles of inmates
(age, sex, status, employment, education, residence patterns and incarceration history).
Native inmate views on the justice system includes policing, legal representation and the
plea bargaining process, legal counsel, the judiciary and sentencing, sentencing attitudes,
sentencing disparities, understanding sentence, disparities in institutional treatment, staff
treatment, inmate friction, release procedures; parole status and inmate background,
perceived disparities in release procedures, attitudes towards release rules, institutional
self-help groups and Native women in the system.
Motiuk, L. & Nafekh, M. (2000)."Aboriginal offenders in federal corrections: A
profile". Forum on Corrections Research, 12(1), 10-15.
•
CANADA: Compares North American Indian (NAI), Métis and Inuit/Innu offenders on a
variety of factors. Comparisons between Aboriginal and non-Aboriginal offenders also
included. As of December 31, 1998, Aboriginal offenders comprised of 14% of the federal
inmate population (10% NAI, 3% Métis, 0.8% Inuit/Innu). Numbers of Aboriginal offenders
admitted to federal institutions increased by 6.7% in 1998. Average sentence length for
Aboriginal offenders in 1998 was 3.6 years (lifers removed), this was almost two-thirds
shorter than the average sentence length for non-Aboriginal offenders. NAI offenders
were over-represented in the offences of homicide and sexual offences but underrepresented in robbery and drug offences. Métis were under-represented in homicide,
sexual offences, robbery and drug offences. Inuit/Innu were over-represented for sex
offences. Among male Aboriginal offenders, there were differences between NAI, Métis
and Inuit/Innu offenders in relation to the marital/family and personal/emotional needs.
Therefore, while Aboriginal offenders in general are different from the general offender
population, there are also differences between different groups of Aboriginal offenders.
Moyer, S. (1992). "Race, gender, and homicide: Comparisons between
Aboriginals and other Canadians". Canadian Journal of Criminology, 34(3/4),
387-402.
•
CANADA: Describes similarities and difference between Aboriginal and non-Aboriginal
homicides (victims and offenders) using data between 1962 and 1984. Found that
Aboriginal persons had a much greater likelihood of becoming victims of homicides than
other Canadians. Aboriginal victims were younger, more likely to be married or living
common law, and were more often killed by their kin than other Canadian homicide
victims. Over two-thirds of Aboriginal incidents allegedly involved alcohol compared to
one-quarter of homicides involving other Canadians. A large percentage of Aboriginal than
non-Aboriginal victims were beaten to death than killed by firearms. Aboriginal persons
accounted for about one-fifth of all adult suspects identified by police and a larger percent
of female suspects than male were of Aboriginal origin. Race was not strongly associated
with the suspect-victim relationship, however when controlling for gender, three-quarters
62
of non-Aboriginal and more than one-half of Aboriginal women were suspected of killing
someone with whom they have a domestic relationship.
Moyer, S., & Axon, L. (1993). An implementation evaluation of the native
community council project of the Aboriginal Legal Services of Toronto.
Prepared for the Ministry of the Attorney General (Ontario) and Aboriginal
Legal Services of Toronto.
•
CANADA: Description and assessment of the planning, design, and implementation of the
Native Community Council Project (NCCP), and its operations from 1991-93. Evaluation
consists of a case file, client database and project documentation review, interviews, and
observation of Community Council hearings. The NCCP was designed to return a greater
degree of responsibility to the Aboriginal community in matters of criminal justice, to
reduce recidivism, encourage offenders to accept more responsibility for their criminal
behaviour, and instill a greater degree of accountability for their conduct by more active
involvement in undoing the wrong they have done. Strengths of the NCCP are that it was
designed and controlled by the Aboriginal community in Toronto and has the support of
most Aboriginal agencies in the city; it is offender- rather than offence-based, and the
Council has a cultural understanding of Aboriginal people. Weaknesses are that it has
operated only at 60% capacity and there was no formal client needs assessment done.
Number of recommendations are made with respect to building relationships both
externally and within the system, communications, reporting mechanisms, client database
modifications, and future development.
Munro, L. & Jauncey, G. (1991). “Keeping Aborigines out of prison: An overview”.
In S. McKillop (ed.) Keeping people out of prison: Proceedings of a conference
held 27-29 March 1990. Australian Institute of Criminology Conference
Proceedings No. 11, Canberra.
•
AUSTRALIA: Describes two surveys of Aboriginal prisoners in NSW jails during 1989
(history, perception of prison system, how it treats them and changes they would like to
see in prison system). Discusses: land rights (policies have resulted in Aboriginal people
being socially disadvantaged); police-Aboriginal relations (over-representation increases
as one penetrates the juvenile criminal justice system; bias by police in how they deal with
Aboriginal juvenile offenders); juvenile institutions (institutionalization begins at the level of
the juvenile justice system; may be a city/country bias); imprisonment (imprisonment rates
for Aboriginal persons is 14-15% - but may be higher; city/country dichotomy; alcoholrelated crime; violence against Aboriginal victims). Attitudes today are reflected in the bias
exhibited by some police in dealing with Aboriginal people and the lack of resources
provided by the community to address those issues. Need for change: essential that
recognition be given to the Aboriginal claim of prior title to Australia and that land rights be
recognized and compensation paid; provision of alcohol rehabilitation programs be
directed to rural communities; drunkeness be decriminalized; education and employment
opportunities be increased in Aboriginal communities; those dealing with Aborigines
receive training and education as to Aboriginal history, culture and aspirations;
imprisonment be a last resort and resources be allocated to provide alternatives to
imprisonment; employment of Aboriginals in positions which make decisions affecting
Aboriginals; building of jails for Aboriginal prisoners providing rehabilitation services;
greater resources allocated to rehabilitation services for juvenile offenders.
63
Musumeci, A. (1993). “The evolution of a consultative approach to corrections on
Aboriginal communities”. In S. McKillop (ed.) Aboriginal justice issues:
Proceedings of a conference held 23-25 June 1992. Australian Institute of
Criminology Conference Proceedings No. 21, Canberra.
•
AUSTRALIA: Describes the process undertaken by Queensland Corrective Services to
establish a presence in remote Aboriginal communities in responding to the 1988
Kennedy Review. Looking to provide alternatives to imprisonment, a community-based
program was developed following three key steps: formation of a corrections committee
involving key Aboriginal leaders responsible for overcoming the problem of discipline by
breaking the divisions between institutions and providing a community-wide network of
support; a Community Corrections Development Officer appointed by the Queensland
Corrective Services Commission, in consultation with the community, to be responsible for
statutory supervision and to act as a resource person to the corrections committee; and,
the committee and officer working together to involve other community institutions (police,
council, church, school, private enterprise) in the resolution of behavioural problems.
Nafekh, M. (2002). An examination of youth and gang affiliation within the
federally sentenced Aboriginal population. Research Report R-121,
Correctional Service of Canada.
•
CANADA: Examines youth gangs among Aboriginal federal offenders. Data support
intervention strategies that focus on Aboriginal youth.
Nahanee, T.A. (1996). A profile of Aboriginal sex offenders in Canadian federal
custody, FORUM on Corrections Research, 8(2), Correctional Service of
Canada.
•
CANADA: Aboriginal sex offenders tend to assault young Aboriginal females. Aboriginal
sex offenders tend to restrict their sex offences to Aboriginal communities, with large
proportions of offences being committed within the family unit.
Nault, F. (1993). Household and family projections of registered Indians, 19912015. Indian and Northern Affairs Canada, Statistics Canada.
•
CANADA: Number of registered Indian households in Canada is projected to increase
from 161,800 in 1990 to between 355,500 and 364,000 in 2015 (each year by over 3%).
Of these, 41% could be on reserve and 59% off-reserve. Regional distribution would
change very slightly.
Normand, J. (1996). "Language and culture of the Métis people". Canadian
Social Trends, 43, 22-26.
•
CANADA: Linguistic and cultural profile of Métis, based on 1991 Aboriginal Peoples
Survey. Métis presence strongest in the prairies (over 135,000, more than one-fifth of
Aboriginal people, identified themselves as Métis). Almost three-quarters of Métis lived in
prairies (29% in Alberta, 25% in Manitoba, 20% in Saskatchewan). Métis population is
young and most live in urban areas. For many Métis, the language of their community is
English or French. Only 18% of Métis aged 15 and over, compared with 39% of North
American Indians, could converse in an Aboriginal language (mostly Cree or Ojibwa, but
6% spoke Michif an exclusively oral ligua franca developed by the Métis). Seems that
Aboriginal languages are being passed to fewer Métis with each successive generation.
Aboriginal languages are being used more often in the classroom, in an effort made to
introduce a stronger Aboriginal presence in the schools. Almost 41% of Métis participate
in economic and cultural traditional activities (e.g., hunting, storytelling, traditional dancing,
fiddling, jigging, arts and crafts). Younger people were more involved in cultural and
economic activities then older people. Métis people's ties to Aboriginal culture may not be
64
as strong as those of North American Indians, but there is no doubt that they are a unique
community with a clear desire to sustain and strengthen their culture and traditions.
Northern Health Research Unit (1998). Research on HIV/AIDS in Aboriginal
people: A background paper. University of Manitoba. Prepared for Medical
Services Branch, Health Canada.
•
CANADA: Background paper examining HIV/AIDS research priorities. Focuses on:
HIV/AIDS burden of illness among Aboriginal peoples in Canada; determinants and risk
factors; interventions; research methods and ethics. The proportion of AIDS cases
attributed to Aboriginal persons has increased from 2% before 1989 to more than 10% in
1996/97. Adult Aboriginal AIDS cases are more likely than non-Aboriginal AIDS cases to
have their exposure attributed to injection drug use. Aboriginal populations are at
increased risk for HIV infection because high rates of STDs, substance abuse, and other
health and social issues may increase vulnerability to HIV. These risks are compounded
by the over-representation of Aboriginal persons in prisons and inner-city services (i.e.,
needle exchange and counselling referral sites, clinics for HIV-infected pregnant women).
In addition, the high transient movement of Aboriginal persons between inner cities and
rural or reserve communities brings the risk of HIV to even the most remote communities.
Little literature on risk factors associated with HIV/AIDS in the Aboriginal community.
Rarely addresses broader social determinants such as poverty, discrimination and
marginalization, and little information on general social trends such as migration between
reserves and cities, changing employment opportunities, criminal activities, and housing
availability. There is also no examination of the re-spiritualization process occurring
throughout the Aboriginal community and its potential impact on HIV transmission.
Discusses findings from a few studies (e.g., McCaskill & Thrasher, 1993 examined needs
of Aboriginal prisoners in HIV/AIDS education and prevention)
Norton, I.M., & Manson, S.M. (1995). "A silent minority: Battered American Indian
women". Journal of Family Violence, 10(3), 307-318.
•
USA: Describes characteristics of domestic violence among American Indian women
participating in an urban domestic violence program. Method: interviewed 16 American
Indian women during initial intake for domestic violence counselling at an urban Indian
health centre. Used a protocol adapted from the Second National Family Violence Survey
(Gelles & Straus, 1988). Conflict-Tactics Scale (CTS) used to assess violence in marital
relationships (Straus, 1979). A mental health needs assessment survey of 198 American
Indian women is presented for comparison. Majority of the women were not married, had
low family incomes, and both the women and their partners abused substances. All of the
women experienced increased depression and stress as a result of battering. Women who
reported a history of domestic violence were more likely to be separated or divorced and
reported more problems with alcohol than the women with no history of domestic violence.
Results were compared to the mental health needs assessment survey and studies of
battered women in shelters. Conclusion: domestic violence is a significant problem in
American Indian families. Further research is required.
Nuffield, J. (1998). Issues in urban corrections for Aboriginal people: Report on a
focus group and an overview of the literature and experience. Aboriginal
Peoples Collection, Aboriginal Corrections Policy Unit, Solicitor General
Canada.
•
CANADA: Reviews recent Canadian literature on Aboriginal offenders and innovation in
urban Aboriginal justice and reports on June 1997 focus group findings regarding issues
related to the provision of urban Aboriginal corrections services in Canada. Focus group
participants, including Aboriginal agencies and federal corrections personnel, raised and
addressed issues of changing client profiles and needs, program content, obstacles to
65
achieving agency goals (e.g., funding, problems in dealing with non-Aboriginal
governments, cross-cultural training), and obstacles within Aboriginal agencies and
communities (e.g., staff training, lack of community support for returning offenders). While
innovative strategies for the delivery of justice in urban areas was explored (e.g.,
sentencing circles, justice councils, and restitution programs), prevention was agreed to
as their key goal.
Obonsawin-Irwin Consulting Inc. (1992). Saskatchewan Aboriginal court worker
feasibility study.
•
CANADA: Feasibility study of having an Aboriginal Courtworker program in
Saskatchewan. Examines need; courtworker role, qualifications and training; community
legal worker option; service delivery options; Saskatchewan Aboriginal Courtworker
program description.
O'Connor, I. (1994). "The new removals: Aboriginal youth in the Queensland
juvenile justice system". International Social Work, 37, 197-212.
•
AUSTRALIA: Examines colonized patterns and practices of new removals dealing with
Aboriginal youth in the juvenile justice system. Explores ideological underpinning of the
criminal justice system that makes the continual removal of Aboriginal youth from their
families and communities. Argues that the Juvenile Justice System failed to deliver justice
and due process. Discusses history of removals: first phase was central component of
Queensland's overall response to Aboriginal people (removed because they were
Aboriginal); second phase occurred as a result of the policies and practices and under the
auspices of the white mainstream child welfare system (removed for their own good
because they were neglected). Discusses transition from welfare to justice (removed
because they were criminal). Discusses the juvenile justice system in Queensland: precourt diversion; children's court appearances; children under orders in the juvenile justice
system; placement of children under juvenile corrective orders.
O’Donnell, M. (1993). “Mediation within Aboriginal communities: Issues and
challenges”. In S. McKillop (ed.) Aboriginal justice issues: Proceedings of a
conference held 23-25 June 1992. Australian Institute of Criminology
Conference Proceedings No. 21, Canberra.
•
AUSTRALIA: Describes Community Justice Program (CJP) of AG Queensland to provide
dispute resolution service. In two years, 450 mediation sessions, with settlement in 85%.
CJP piloted several projects: Crime Reparation Program (voluntary opportunity after
conviction and before sentencing for adult and juvenile offenders for victim-offender
mediation); Police Complaints Mediation Initiative (mediation in complaints of a minor
nature against police and other officials). Describes development of a mediation service
for Aboriginal communities (including visiting expert dispute resolution service to
communities; training Aboriginal and Torres Strait Islander people in dispute resolution
skills). Key issues: voluntary participation (may decide to make compulsory);
confidentiality (disputes in Aboriginal communities may be public); neutrality of mediator
(may not be possible in Aboriginal communities); domestic violence (may use dispute
resolution in Aboriginal communities – but need to be incorporate safeguards).
Osnaburgh Windigo Tribal Council Justice Review Committee (1990). Tay Bway
Win: Truth, justice and first nations.
•
CANADA: Justice review to examine past and present service at the Windigo Tribal
Council in relation to policing, administration of justice and social services. Recommends
improved service delivery and coordination north and south Windigo Tribal Council's
communities: Osnaburgh, Cat Lake, New Slate Falls, New Saugeen. Report deals with
land, economic, and social matters as the integral parts of how the criminal justice
66
operates in the Ojibwa communities. Issues discussed in this report: inadequate housing,
inadequate sewer system and drinking water, lack of recreational and program facilities,
alcohol, drugs, solvent abuse, family violence, inadequate health facilities, culture,
language, education, relations with non-Aboriginal communities, administration of justice,
courts, corrections and most importantly the inquest to Aboriginal deaths which inspired
this report.
Patenaude, A.L., Wood, D.S., & Griffiths, C.T. (1992). "Indigenous peoples in the
Canadian correctional system: Critical issues and the prospects for 'localized'
corrections". Journal of Contemporary Criminal Justice, 8(2), 114-136.
•
CANADA: Analyzes several aspects of the Canadian correctional enterprise that are
directly concerned with Aboriginal offenders. Specifically deals with Inuit in Canada’s
north. Development of small correctional institutions in the Territorial regions have
contributed to a reduction in the cultural dislocation experienced by many Inuit and Dene
offenders. Attempt to provide culturally relevant programs to inmate populations. Outlines
four traditional alternatives to incarceration in the North: fine options; community services;
restitution; and community residential centres. Emerging issues: cultural awareness
training for justice personnel and localized corrections; localized corrections include the
decentralization of policy and program decision making; and direct community input into
design and delivery of corrections services and programs. Conclusion: changes must not
follow the paternalistic approaches that have characterized justice services in the past.
Initiatives should include those that take into account traditional forms of social control in
order to give the task of maintaining community order back to the people.
Pepper, F.C., & Henry, S.L. (1989). "Social and cultural effects on Indian learning
style: Classroom implications", Canadian Journal of Native Education, 13, 5461.
•
USA: Addresses student learning and achievement in the classroom. Focus on Adler’s
theory of a holistic approach to the individual in the socio-cultural context. Theory allows
for a better understanding of the Aboriginal behavioral learning style and the implications
of such a style for classroom practice. Child has an inner and outer environment hereditary endowment/ family atmosphere, family constellation and practices used in child
rearing and discipline. Research suggests that distinctively different child-rearing practices
- one stressing observational learning and another emphasizing learning through
verbalization – has fostered the development of very different styles of learning among
Aboriginal and European-American children. Such differences in learning styles have farreaching consequences in the formal education of Indian students. Aptitude-treatment
interaction (ATI) is an approach that opens the door to recognizing individual differences
and behavioral learning styles. Recommends a six-step approach that builds on the
Aboriginal student’s preferred learning styles while encouraging the student to engage in
activities not so preferred in order to strengthen behaviors and activities they might
otherwise avoid.
Prairie Research Associates & Linden, R. (1993). Issues paper on native
courtworkers and legal aid. Prepared for Justice Canada.
•
CANADA: Summarizes the main issues in the delivery of native courtworker services and
the nature of the relationship between the courtworker program and legal aid.
67
Proulx, J., & Perrault, S. (1997). An evaluation of the Ma Mawi Wi Chi Itata
Centre's family violence program: Stony Mountain project. Prepared for
Correctional Services Canada and the Manitoba Research Centre on Family
Violence and Violence Against Women.
•
CANADA: Evaluation of a cognitive-behavioural Ma Mawi Wi Chi Itata family violence
program at Stony Mountain for male inmates. Program is divided into four sections: "to
see" the problem of family violence; "to do" (focuses on the inmates' ability to express
negative emotions); "to think" (inmates are directed in a path that enhances personal
development and empowerment); "to know" (inmates re-evaluate their goals and establish
future goals). Findings indicate that the majority of participants felt that the program met
their expectations and they had leaned more about themselves, their violent behaviour
and ways of dealing with their anger. Another conclusion indicates that programs such as
this are best administered by an agency outside of the correctional facility as the inmates
maintained a general distrust of institutional staff.
Quann, N.L., & Trevethan. S. (2000). Police-reported Aboriginal crime in
Saskatchewan. Catalogue 85F0031. Canadian Centre for Justice Statistics,
Statistics Canada.
•
CANADA: Examined Aboriginal crime in Saskatchewan. Using 1996 Census, Aboriginal
population in Saskatchewan tend to be younger, have lower educational levels, higher
unemployment rates, and substantially lower incomes than the non-Aboriginal population.
Crime rates on reserves were 2 times higher than rates in rural or urban areas (5 times for
violent). A larger proportion of adults than youth were accused of a violent offence,
whereas youth were more often accused of a property offence. In urban areas, there is an
over-representation of Aboriginal persons involved in the criminal justice system. A
substantial difference in the male-female ration of Aboriginal and non-Aboriginal accused
was found. Aboriginal accused tend to be younger than non-Aboriginal accused. There
was a greater proportion of Aboriginal than non-Aboriginal victims of violent crime.
Rattner, A., & McKie, C. (1990). "The ecology of crime and its implications for
prevention: An Ontario study". Canadian Journal of Criminology, 32(1), 155171.
•
CANADA: Social ecological study of violent crime and property crime in Ontario. The
study, which first reviews the literature on American and Canadian social ecological
studies from 1929 to 1986, sets out to determine if any discriminatory profile can be drawn
between districts of high and low crime rates based on a number of demographic and
socio-economic variables. Finds that rates of property and violent crime vary widely by
district across Ontario, varying intra-provincially by a factor of 5.9 for violent crime and by
a factor of 3.5 for property crime. Selected for discriminant analysis 10 independent
variables from a 1986 Census database of 231 overlapping variables exhibiting a
correlation coefficient >0.35 and (p<.05) significance. Findings statistically correlate rates
of violent crime to the proportion of Aboriginal persons in a given locale and to high rates
of unemployment, and further correlate rates of property crime to the demographic
composition of the local population. Noting the need to avoid race-stereotypical
conclusions with respect to the correlation of violent crime with proportion of Aboriginal
persons in a given locale, social and economic conditions are identified as pivotal
considerations in any crime prevention program. High rates of property crime are heavily
influenced by a high proportion of young males in a given locale, high percentages of
persons with low educational attainment, and population density. Strategies of crime
prevention must therefore be tailored to fit the known characteristics of a local population;
violent crimes and property crimes are derived from differing causal factors, and must
therefore be considered differently in terms of prevention. Fundamental improvement to
Aboriginal social and economic conditions is the single most effective violent crime
prevention strategy for Ontario. While the demographic reality of an aging population will
68
drive a long-term solution for the prevention of property crime, in the shorter term, a focus
on constructive community integration among young men may positively alter social
conditions leading to stranger-on-stranger property offences.
Renfrey, G.S. (1992). Cognitive-behavior therapy and the Native American client.
Behavior Therapy, 23, 321-340.
•
USA: Discusses therapy and the Aboriginal client. Reviews mental health needs of
Aboriginals and response of the psychological community to date. Argues that a culturally
sensitive approach to working with this special population is a professional and ethical
necessity, and suggests that congruence exists between the cognitive-behavioural
approach to therapy and the needs and preferences of Aboriginals. Therapists are
cautioned against implementing interventions in a conventional manner. Discusses key
therapeutic issues and problems presented by working with the population and suggests
guidelines for dealing with them. Outlines logistical and conceptual difficulties as well as
positive therapeutic effects of use of traditional healers and interventions. Provides
suggestions for future directions that can be taken toward better serving Aboriginals.
Rodrigues, S., Robinson, E., & Gray-Donald, K. (1999). “Prevalence of
gestational diabetes mellitus among James Bay Cree women in northern
Quebec”. Canadian Medical Association Journal, 160(9), 1293-1298.
•
CANADA: Assessed prevalence of gestational diabetes mellitus among Cree women in
Northern Quebec (cross-sectional study using patient charts on pregnancies from January
1995 to December 1996). Found prevalence of gestational diabetes among James Bay
Cree women in Northern Quebec is twice as high as that among women in the general
North American population and the second highest reported in an Aboriginal group
worldwide.
Roeger, L.S. (1994). "The effectiveness of criminal justice sanctions for
Aboriginal offenders". Australian and New Zealand Journal of Criminology,
27(3), 264-281.
•
AUSTRALIA: Compares recidivism rates for Aboriginal offenders sentenced to
imprisonment to those given community-based orders. Sample consisted of all male
Aboriginal offenders (N=442) given probation, community service or prison between 1986
and 1987. Offenders given prison sentences served between one month and one year
and were further divided into those who were simply released after serving their sentence
and those who were released on parole. A follow-up period of 3½ years commenced after
the sanction was completed. Most offenders were unemployed, single, young and had a
number of previous convictions. When known factors related to recidivism were controlled,
there were no recidivism rate differences between the groups. Overall, 43% of the sample
had re-offended within the follow-up period. Furthermore, the study confirmed that age
and number of prior convictions were important predictors of risk for future offending,
specifically that the younger the offender was and the more prior convictions an offender
had were correlated with higher recidivism rates.
Rolf, C.H. (1991). Policing in relation to the Blood Tribe: Report of a public
inquiry. Commissioner's Report, Executive Summary.
•
CANADA: Describes the public inquiry and provides recommendations.
Ross, R. (1996). Returning to the teachings: Exploring Aboriginal justice.
Toronto: Penguin Books.
•
CANADA: Describes his secondment with Aboriginal Justice Directorate (Justice Canada)
– meeting with Aboriginal communities across Canada.
69
Ross, R. (1989). "Leaving our white eyes behind: the sentencing of native
accused". Canadian Native Law Reporter, 3, 1-15.
•
CANADA: Discussion of some of the ethical commandments he has seem amongst the
native people of northwestern Ontario and how they must be incorporated into sentencing
deliberations. Includes: introduction - seeing through the rules; assessing the individual
(prospects for rehabilitation, specific deterrence); assessing the offender's community and
family context; sentencing and the calls for Aboriginal justice systems.
Royal Canadian Mounted Police. (1993). Native spirituality guide. Aboriginal and
Community Policing Directorate.
•
CANADA: Guide to help police officers gain an understanding of sacred ceremonies
practiced and sacred items carried by many Aboriginal people across Canada. The
various spiritual beliefs and sacred items and ceremonies portrayed in this guide may vary
according to different tribal groups across Canada. Recommends security personnel and
other law enforcement officials endeavour to make themselves more aware of traditions
and artefacts through increased cross-cultural training and awareness.
Royal Commission on Aboriginal Peoples (1996). Guide to the principal findings
and recommendations of the final report of the Royal Commission on
Aboriginal Peoples.
•
CANADA: Assists in understanding the central ideas of the Royal Commission’s final
report and accessing those recommendations and related analysis of greatest interest.
Provides a summary of the historical context and current realities of Aboriginal people in
Canada. Canada's policy over the years undermined Aboriginal institutions and life
patterns and strove to assimilate Aboriginal people as individuals into mainstream society,
resulting in their economic marginalization and social disintegration. Fifty-seven percent of
Aboriginal people are in the labour force (compared to 68% of all Canadians) with a 1991
unemployment rate of 25%. Average annual income per employed Aboriginal individual
was $14,561 ($24,001 for all Canadians) and declined by $1,000 between 1981-91, with
46% of people living on reserves on welfare. Forty-two percent of Aboriginal children
complete grade 12 (61% of Canadians). The Aboriginal population is growing at twice the
rate of the Canadian population, with 56% of the current population under 25 years of age.
Fourteen percent of inmates in federal penal institutions are Aboriginal rising to 49% and
72% in provincial institutions in Manitoba and Saskatchewan respectively. The incidence
of tuberculosis and diabetes is 17 times and 3 times higher among the Aboriginal
population. Governments today spend $1.7 billion for remedial measure and social
assistance for Aboriginal people, 57% more than on the same number of other
Canadians. $5.8 billion annually could be added to the GDP were Aboriginal people
productively employed at rates equivalent to those in adjacent non-Aboriginal
communities. Two priorities are identified as essential changes required to restore the
health and self-reliance of Aboriginal peoples: the rebalancing of political and economic
strength between Aboriginal peoples and Canada, and the rebuilding of skills and capacity
in Aboriginal individuals, institutions and communities. Proposes strategies on how to
accomplish this. Provides a summary of the report, an overview of the chapters, and
outlines principal findings and recommendations. Includes 4 papers: The Right of
Aboriginal Self-Government and the Constitution; Framing the Issues; Focusing the
Dialogue; Overview of the First Round.
70
Royal Commission on Aboriginal Peoples (1996). Bridging the cultural divide: A
report on Aboriginal people and criminal justice and Canada. Ministry of
Supply and Services Canada.
•
CANADA: Reviews the historical and contemporary record of Aboriginal people’s
experience in the criminal justice system to secure a better understanding of what lies
behind their over-representation. Provides a framework for change including two
distinctive yet inter-related dimensions: the reform of the existing criminal justice system to
make it more respectful of and responsive to the experience of Aboriginal people; and the
establishment of Aboriginal justice systems as an exercise of the Aboriginal right of selfgovernment. Primary focus of the report is the recognition and establishment of Aboriginal
justice systems that are an integral part of the right of self-government. Chapters include:
Aboriginal concepts of law and justice - the historical realities; current realities; current
Aboriginal justice initiatives; creating conceptual and constitutional space for Aboriginal
justice systems; reforming the existing justice system; summary of major findings,
conclusions and recommendations.
Royal Commission on Aboriginal Peoples (1992). The right of self-government
and the Constitution: A commentary by the Royal Commission on Aboriginal
Peoples.
•
CANADA: The Royal Commission on Aboriginal Peoples’ terms of reference direct it to
consider the subject of Aboriginal self-government and to recommend methods of
recognizing and affirming it. This commentary contemplates intervention into the
constitutional reform process. Designed to help inform the public and encourage the
exploration of alternative avenues to Constitutional consensus. Attempts to clear away
some of the obstacles to a common understanding. The first part of the document traces
the development of a potential impasse and examines the context of the current debate
and its evolution since Aboriginal rights were recognized in the Constitution in 1982. The
second part considers how such an impasse might be avoided and outlines conditions for
successful Constitutional reform. Any new constitutional provision dealing with the
Aboriginal right of self-government should satisfy six criteria: the right is inherent in nature;
circumscribed in extent; and sovereign within its sphere; the provision should be adopted
with the consent of the Aboriginal peoples; should be consistent with the view that Section
35 may already recognize a right of self-government; and, should be justiciable
immediately. Provides four alternative approaches that meet the aforementioned criteria:
general recognition clause; general recognition clause with a preamble; general
recognition clause with a list of powers; general recognition clause with a treaty process.
Royal Commission on Aboriginal Peoples (1995). Choosing life: Special report on
suicide among Aboriginal people. Prepared for the Governor General in
Council.
•
CANADA: Investigates, explains and makes recommendations on suicide among
Aboriginal Peoples. Offers support to struggling communities by making concrete actionoriented proposals to governments and communities to reduce the incidence and address
the causes of self-inflicted death and injury. Held 172 days of public hearings in 96
communities across Canada. Concluded that high rates of suicide and self-injury are
result of a complex mix of social, cultural, economic and psychological dislocations that
flow from the past into the present. Overall healing strategy required to provide adequate
response to suicide. Develops the rationale and recommends the means for a Canadawide response to the facts of suicide among Aboriginal people encompassing: the
establishment of crisis services; resources for community development; and support for
self-determination. Recommends a three-part community-based approach as the best
strategy for reducing suicide. Its components are: local prevention and crisis intervention
services; community development to address the most pressing local causes of suicidal
hopelessness and helplessness; and the opportunity to achieve autonomy and self-
71
determination as Aboriginal peoples. Thirteen recommendations are made. Minority report
attached.
Rudin, J., & Russell, D. (1993). Native alternative dispute resolution system: The
Canadian future in light of the American past. Ontario Native Council on
Justice.
•
CANADA: Examines alternative forms of dispute resolution focusing on tribal courts in the
United States and Canada. Explains the American Tribal Court system: Indian
government authority (congressional intrusion, case law development); courts of Hopi,
Navajo and Pueblo tribes; traditional courts and customary practices; problems within the
United States tribal court systems. Second part of the report is on alternative dispute
resolution in Canada: historical and cultural perspective, legislative framework for native
people and government; Charter of Rights - protection of personal autonomy versus
collective rights; alternative dispute resolution systems for native people without land
base; jurisdictional issues regarding alternative dispute resolution systems; infrastructural
requirements of alternative dispute resolution system; legislative options for creating
alternative dispute resolution systems.
Rutman, D., Callahan, M., Lundquist, A., Jackson, S., & Field, B. (2000).
Substance use and pregnancy: Conceiving women in the policy-making
process. Prepared for Policy Research, Status of Women Canada.
•
CANADA: Examines how policy in Canada deals with the issue of substance use during
pregnancy and suggests alternative ways of addressing this problem that may prove less
polarizing and punitive toward women. Analyzes the Supreme Court of Canada case of
Ms. G (October 31, 1997), in which a judge ordered mandatory drug treatment for a
young, low-income Aboriginal woman who was addicted to sniffing solvents. Aims to
address the challenge of integrating diversity into policy research, development and
analysis. Looks at the experiences of substance use, pregnant women and the
practitioners who work most closely with them. Presents an in-depth case study, carried
out in one Aboriginal community, to determine approaches that have a chance for success
in that community. Method: Four questions guided the research (what specific policy
initiatives exist and have been used to address the problem of substance abuse and
pregnancy; how has substance use by women during pregnancy been framed as a policy
concern; what are the perceived effects of existing policy from the standpoint of Aboriginal
women, substance-using women and human service professionals; what policy
alternatives exist or could be developed that do not replicate the familiar dichotomies in
the current policy discourse). Questions were addressed using a range of qualitative
research methods (literature search, policy review and analysis, discourse analysis of the
Supreme Court decision, media coverage on the case, individual interviews and focus
groups with human service workers and substance-abusing women, case study based on
participant observations, interviews and focus groups). Presents directions for policy and
practice identified by substance-using women, human service practitioners and Aboriginal
women; discusses and evaluates policy alternatives; and concludes with a set of
recommendations directed to the federal government and to Status of Women Canada.
Sampson, R.J., & Wilson, W.J. (1993). “Toward a theory of race, crime, and
urban inequality”. In Hagan, J. & Peterson, R. (eds.) Crime and Inequality (pp
37-54). Stanford: Stanford University Press.
• USA: Addresses the issues of race and violent crime. Advances a theoretical strategy that
incorporates both structural and cultural arguments regarding race, crime, and inequality
in American cities. The basic thesis is that macro-social patterns of residential inequality
give rise to the social isolation and ecological concentration of the truly disadvantaged.
This leads to structural barriers and cultural adaptations that undermine social
organization and hence the control of crime. This thesis is grounded in the importance of
72
communities. The most important determinant of the relationship between race and crime
is the differential distribution of blacks in communities characterized by: structural social
disorganization; and cultural social isolation, both of which stem from the concentration of
poverty, family disruption, and residential instability. Concludes that community-level
factors such as the ecological concentration of ghetto poverty, racial segregation,
residential mobility and population turnover, family disruption, and the dimensions of local
social organization are fruitful areas of future inquiry, especially as they are affected by
macro-level public policies regarding housing, municipal services, and employment. Need
to look at social policies that focus on prevention.
Sarich, A. (1993). Report on the Cariboo-Chilcotin Justice Inquiry (BC).
•
CANADA: Report on the 1992-93 investigation of complaints and relationship between the
Cariboo-Chilcotin Aboriginal community and police, Crown prosecutors, courts, probation
offices, and family court counsellors in the administration of justice in the region.
Describes the community’s history, effects of government policy, and past encounters with
the justice system, and identifies pressing community problems such as the destructive
legacy of St. Joseph’s Mission (residential school), erosion of traditional economic base,
supplanting of social control systems and political organization by the non-Aboriginal
justice and political system, and bureaucratic interference. Concludes that there are
deficiencies in all aspects of the justice system, issues involving the police are highlighted
and include destructive attitudes, abuse of authority, invasion of privacy, use of excessive
force, and lack of communication. Puts forward numerous recommendations regarding
government agencies, policing, search and rescue operations, the courts, legal aid, native
court workers, and the Community Law Centre in Quesnel.
Sarre, R., & Wilson, D. (1998). Sentencing and indigenous peoples. Australian
Institute of Criminology Research and Public Policy Series No. 16, Canberra,
Australia.
•
AUSTRALIA: Collection of papers from a roundtable. Papers address current concerns in
relation to the interface of Indigenous Australians and the criminal justice system. Issues
discussed include customary law, including the potential for differential sentencing;
systemic issues within the criminal justice system; a multi-agency resocialization program;
and communication issues. Extensive compilation of research abstracts.
Saskatchewan Indian Justice Review Committee (1992). Report of the
Saskatchewan Indian justice review committee.
•
CANADA: Examines improving the delivery of criminal justice services to Saskatchewan
Indian people and communities, specifically looking at the development and operation of
practical, community-based initiatives, with a view to creating a more fair and equitable
system of justice for Indian people. Consultations were held with individuals,
organizations, and communities along with 5 public hearings. In 1990, of the 75,000
registered Indians in Saskatchewan, 54% lived on-reserve, 46% off-reserve. While the
population ranged from100 to 4700 members, the 70 bands had an average on-reserve
population of 560. In 1987, 54% were 19 years of age and under (compared to 32% of the
total Saskatchewan population) and only 3% were over 55 year (22% for Saskatchewan).
In 1986, 43% of the Indian population 15 years and over had less than a grade 9
education (51% on-reserve and 29% off reserve), and 1-2% had completed university.
One-third (35%) were unemployed (8% for the province), while 6 in 10 were not in the
labour force (1 in 3 for the province). Only 26% were employed (61% for the province). As
such their average individual per capita income was $6,732 in 1985, less than have the
provincial average of $14,845. Overall, Aboriginal admissions accounted for 68% of
admissions to provincial correctional centres in 1990-91. 65% of males and 85% of
females admitted were Aboriginal, with Aboriginals as the majority of those incarcerated
for “other” Criminal Code and provincial/municipal offences. Aboriginal men were more
73
likely to be incarcerated for an against person offence than females or non-Aboriginal
persons. The majority (84%) of women applying for conditional release were Aboriginal
(82% of the total were accepted) compared to 66% of men (65% of the total accepted),
similar to rates for those applying for release to a community training residence. In 1991,
44% of the 746 federal offenders in Saskatchewan institutions were Aboriginal as were
45% of the 343 federal offenders under community supervision. Additional demographic
information is provided along with statistics regarding the nature and location of offences,
other correctional programs and young offenders. Concerns regarding employment equity,
community legal education, holistic approaches to services, racism, the importance of
cross cultural training, family violence, and implementation mechanisms are discussed
and recommendations are made in the area of policing, legal representation, sentencing
alternatives, court services, and corrections. These recommendations were made with the
view that each Indian community is unique, potentially requiring customized solutions, and
that meaningful changes can only happen when the Indian community is actively involved
in the decision-making process.
Saskatchewan Métis Justice Review Committee (1992). Report of the
Saskatchewan Métis justice review committee.
•
CANADA: Examines ways of making changes within the existing criminal justice system in
Saskatchewan and encouraging expansion of positive changes already underway with a
view to a more fair and equitable system of justice for the Métis people. Consultations
were held with individuals, organizations, and communities along with 5 public hearings.
In 1986, 7.8% (77,640) of Saskatchewan’s population had at least one Aboriginal origin
(43,000 North American Indian, 12,000 Métis, 40 Inuit). 28% of people with Aboriginal
origins had both Aboriginal and non-Aboriginal origins for an estimated total of 26,000
people with Métis ancestry, 42% of which live in the North and 37% in Regina, Saskatoon,
and Prince Albert.. Forty percent are less than 15 years of age (compared to 25% for all of
Saskatchewan) and 8% are over 55 (22% of all of Saskatchewan). One-third (32%) of
Métis over 15 have less than a grade nine education (19% of the province), with a 26%
unemployment rate (8% for the province). In 1985, the average individual per capita
income of this group was $8,915, 60% of the provincial average of $14,485. Overall
Aboriginal admissions accounted for 68% of admissions to provincial correctional centres
in 1990-91. Two-thirds (65%) of males and 85% of females admitted were Aboriginal, with
Aboriginals as the majority of those incarcerated for “other” Criminal Code and
provincial/municipal offences. Aboriginal men were more likely to be incarcerated for an
against person offence than females or non-Aboriginal persons. The majority (84%) of
women applying for conditional release were Aboriginal (82% of the total were accepted)
compared to 66% of men (65% of the total accepted), similar to rates for those applying
for release to a community training residence. In 1991, 44% of the 746 federal offenders
in Saskatchewan institutions were Aboriginal as were 45% of the 343 federal offenders
under community supervision. Statistics are provided regarding the nature and location of
offences and young offenders. Concerns regarding employment equity, community legal
education, holistic approaches to services, racism, the importance of cross cultural
training, family violence, and implementation mechanisms are discussed and
recommendations are made in the area of policing, legal representation, sentencing
alternatives, court services, and corrections. These recommendations were made with the
view that each Métis community is unique, potentially requiring customized solutions, and
that meaningful changes can only happen when the Métis community is actively involved
in the decision-making process.
74
Saulis, M., Fiddler, S., & Howse, Y. (2001). Release potential of federallysentenced Aboriginal inmates to communities: A community-based research
project. Research Report R-110, Correctional Service of Canada.
•
CANADA: Examines place and stage of community-based justice and corrections
initiatives; perceptions, attitudes and values of First Nations community people towards
offenders and their release; determines possibility of utilizing community-based initiatives
and the feasibility to monitor, facilitate and sustain release; ascertains healing initiatives
within the institutions and Aboriginal community-based restorative justice initiatives; and,
examines Aboriginal communities feasibility and needs to facilitate the return of federal
offenders in the long term. Method: examined 5 First Nations communities from
Saskatchewan and Alberta (individual households, key informants, Elders, community
circles, interviews with released offenders, circle of offenders currently in prison). Found:
community characteristics contribute to a higher risk for offenders released to the
communities; communities with community-based justice or corrections initiatives appear
to have more knowledge and awareness of the needs of federally-sentenced offenders;
there is community based support to address the needs, issues and support of offenders
(receptiveness didn't extend to serious criminal offenders); facilitating and sustaining
release requires the development of community infrastructure; and, provision of
reintegration services for offenders can be strengthened through the provision of
coordinated, integrative and holistic approaches.
Secretary of State of Canada (1991). Canada's off-reserve Aboriginal population:
A statistical overview.
•
CANADA: Profile of off-reserve Aboriginal population, based on 1986 Census. Most
Aboriginal persons live outside reserves. Largest group is found in Ontario, however,
proportionately are more numerous in western Canada. Aboriginal population living offreserve is quite young, much more mobile than other Canadians and those living on
reserve, closer in educational characteristics to Canadian population than to those living
on reserve, higher unemployment than other Canadians. Relatively few speak an
Aboriginal language.
Sillett, M. (1990). "Treatment of Inuit women in the law". Pauktuutit Inuit Women's
Association. Speech to the Conference: Aboriginal Alternatives to the
Canadian Justice System, Sponsored by the National Association of
Friendship Centres.
•
CANADA: Describes the role of Pauktuutit. Discusses treatment of Inuit women within the
justice system.
Sinclair, M. (1997). Aboriginal Justice Learning Network. Transcript of
presentation to Elders - Policy Makers - Academics Constituency Group
Meeting, Aylmer, Quebec, April 16-18.
•
CANADA: Discusses the Aboriginal Justice Learning Network – where it is going and what
it is able to do. Provides a historical, legislative and policy background to today’s problem
of Aboriginal over-representation in the criminal justice system. States Aboriginal people
and the Euro-Canadian justice system are inherently in conflict. Criminality is a direct
result of the Aboriginal peoples’ inability to function as individuals, as human beings in
society. Justice system is not oriented to doing it right yet. Process is as important as
results. Aboriginal people should be allowed to have their own justice systems in their own
communities to do justice for their people. Recommends new judges spend time with the
Aboriginal Justice Learning Network to learn how to deal with Aboriginal justice issues in
our courts and with our communities.
75
Sioui, R., & Thibault, J. (2001). The relevance of a cultural adaptation for
Aboriginals of the Reintegration Potential Reassessment Scale (RPRS).
Research Report R-109, Correctional Service of Canada.
•
CANADA: Examines Reintegration Potential Reassessment (RPR) scale for Aboriginal
offenders. Method: comparison of Aboriginal and non-Aboriginal profiles; examine
relationship between certain variables and recidivism; determine discrimination capacity of
RPR scale; determine best predictors in RPR scale; and, explore other variables that may
be good predictors. Findings: RPR scale is predictive of community supervision outcome
for Aboriginal offenders. Improvements to community assessments can be made for high
risk/low need and low risk/ high needs designations for Aboriginal offenders. Need level
and high number of needs and associations were predictive of outcome for both
Aboriginal and non-Aboriginal offenders. Participation in programs focusing on
employment and education tended to decrease recidivism - but only for Aboriginal-specific
programs. However, participation in programs focusing on social relationships, community
needs, and emotional needs tended to decrease recidivism, regardless of whether the
programs were specifically for Aboriginals or not.
Sittler, B. (1995). "The way to live most nicely together: Possibilities for Aboriginal
criminal justice". Saskatchewan Law Review, 59, 361-384.
•
CANADA: Addresses the following question through a three stage process: Would a
system utilizing community-based justice controlled by Aboriginal people be effective
without the backdrop of the Euro-Canadian justice system which utilizes fear as a
preventive measure and incarceration as punishment? Addresses the fear and backlash
from within the Euro-Canadian system and asserts that calming these fears makes the
possibility of an independent community-based justice system more realistic; proposes
changes that must be made if the two systems can co-exist; and proposes that, while a
separate system would be effective, change must be gradual rather than revolutionary.
Concludes that the establishment of a separate system is the favourable alternative based
on two arguments: the ‘pragmatic’ argument (based on the notion that the two systems
are too different to be compatible); and the ‘rights-based’ argument (based on the
presence of a right to an independent system). Sentencing circles, alternative sentencing,
healing programs and interim initiatives are all steps toward the “highest quality of justice”.
Smallshaw, K., Rugge, T., & Bonta, J. (2002). Aboriginal approaches to offender
supervision. Solicitor General of Canada.
•
CANADA: Explores methods of supervision for Aboriginal probationers in Manitoba and
identifies Aboriginal approaches to healing being practiced. A series of research questions
were administered to a sample of 40 Aboriginal probationers, 37 probation officers (6
Aboriginal/31non-Aboriginal) and 15 healing providers. Questions: What
services/Aboriginal approaches to healing are being used? To whom are these services
provided? How often in a typical month are these services provided? Results:
Approaches to healing: smudging, family group conferencing, sharing circles and the use
of Elders are the most frequently used approaches. Services/Aboriginal approaches
provided by healing providers: Elders, sharing circles, medicine wheel and pipe
ceremonies were the most common. How often in a typical month are these services
provided: traditional services are available at least four times a month and the majority
more than six times a month. While not all Aboriginal probationers receive or are
interested in receiving culturally-specific programming, many of the probation officers
interviewed agreed that it was very important to suggest native traditions and to facilitate
opportunities for their clients.
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Smart, R.G. (1997). "Inhalant abuse in Canada". Substance Use & Misuse,
32(12-13), 1835-1840.
•
CANADA: Inhalant use in Canada is a serious problem in some Inuit communities.
Highest usage among younger students (ages 13-15). Currently no gender differences.
Inhalant users are more often delinquent and have more drug problems than non-users.
Inhalant use is greatest on Inuit reservations undergoing rapid social change. Programs to
reduce solvent sniffing are rare.
Solicitor General of Canada (1996). First nations policing policy. Solicitor General
of Canada.
•
CANADA: Describes purpose and scope of policy; objectives of policy; policy principles;
funding; and program management.
Solicitor General of Canada (1988a). Correctional issues affecting native
peoples. Correctional Law Review Working Paper No. 7.
•
CANADA: Highlights serious problems faced by Aboriginal offenders in the correctional
system, and suggests legislative and policy approaches in correctional law reform that
could ameliorate problems. Discusses issues and approaches to solutions within the
context of the Correctional Law Review keeping in mind unique legal status of Aboriginal
people in Canada. Provides overview of Aboriginal offenders and their unique social,
cultural and spiritual backgrounds and how that affects their participation in the criminal
justice system. Outlines legal framework, including Aboriginal and treaty rights and
various constitutional and legislative provisions. Details two approaches in helping to
determine the amelioration of conditions for Aboriginal offenders: development of special
legislative provisions for Aboriginal people to assume greater control over the provision of
certain correctional services to Aboriginal people; and amendments to existing
correctional legislation governing all offenders.
Solicitor General of Canada (1988b). Task force on Aboriginal peoples in federal
corrections - Final Report.
•
CANADA: Examines process which Aboriginal offenders (status and non-status Indians,
Métis and Inuit) go through from the time of admission to a federal penitentiary until
warrant expiry. Identifies needs of Aboriginal offenders and ways of improving their
opportunities for social reintegration as law-abiding citizens through: improved penitentiary
placement; improved institutional programs; improved preparation for temporary
absences; day parole/full parole; and improved innovative supervision. Approach:
exhaustive consultation rather than empirical research. Established seven guiding
principles for the development of recommendations and strategies. Need to establish
enhanced Aboriginal programs and services within the existing Ministry mandate, policies,
and objectives. Seventy-nine recommendations were made.
Solicitor General of Canada and Attorney General of Alberta (1991). Justice on
trial: Report of the task force on the criminal justice system and its impact on
the Indian and Métis people of Alberta. Volumes 1 & 2.
•
CANADA: Reviews the impact of the criminal justice system in Alberta as it relates to
Aboriginal people through a literature review and in-depth consultation. The overrepresentation and over-incarceration of Aboriginal people in Alberta is proof that the
criminal justice system is failing Aboriginal people. In 1989, Aboriginal offenders had a
rate of admission to correctional facilities in Alberta of 91.2 admissions per 1,000 total
population, 8 times higher than for the non-Aboriginal population. Aboriginals make up
only 4% of Albertans and 30% of incarcerated people. The majority (89%) of Aboriginal
people appearing in court plead guilty (compared to 75% of non-Aboriginals) and 96%
were found guilty. The proportion of young offenders in the system has increased from
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30% in 1986 to 35% in 1989. With the Aboriginal birth rate at 2 to 3 times higher than the
non-Aboriginal birthrate and more than 60% of Aboriginal adult and youth offenders
reporting a home address in a major urban area, the system is not paying enough
attention to Aboriginal youth and people in urban areas. Lack of communication between
all levels of service providers and Aboriginal people is another key deficiency in the
system. To rectify these and other issues, government services should focus on
prevention instead of incarceration with funds reallocated accordingly. The government
should develop a clear policy statement on the purpose of the criminal justice system,
accompanied by coordinated action from all areas of the system. The criminal justice
system must also be more community-based, with Aboriginal people involved in decisionmaking at all levels, particularly more involvement of Aboriginal Elders. Detailed
recommendations are made in all areas of the criminal justice system including policing,
legal aid, courts, judges, prosecutors and lawyers, corrections, Native Counselling
Services of Alberta, and on-going processes, among others. An Aboriginal perspective on
justice is presented along with alternative approaches to justice for Aboriginal people.
Square, D. (1998). “Diabetes threatening young native children”. Canadian
Medical Association Journal, 158(3), 292-295.
•
CANADA: Discusses non-insulin-dependent diabetes (NIDD) affecting Aboriginal children
in Canada. Doctor Dean has started to see First Nations' youngsters with NIDD, which is
not typical of such a young population.
Square, D. (1997). “Fetal alcohol syndrome epidemic on Manitoba reserve”.
Canadian Medical Association Journal, 157(1), 59-61.
•
CANADA: Discusses a recent study on a First Nations reserve in Manitoba which
indicates that 1 in 10 children is the victim of alcohol teratogenesis (FAS/FAE). Notes that
for every child identified with FAS/FAE, there were probably 2 or 3 others with behavioural
and learning problems caused by exposure to alcohol in utero. World frequency of FAS in
live births is 1 to 3 per 1,000 according to a 1990 National Institute on Alcohol Abuse and
Alcoholism in the US. In this Manitoba study it was 100 cases per 1,000. Study involved
examining medical records of 179 families and examination of children for discriminating
features related to FAS/FAE (short palpebral fissures, flat midface, short nose, indistinct
philtrum and thin upper lip).
Statistics Canada (1989). Census Canada, 1986, Aboriginal peoples output
program.
•
CANADA: A data book on Canada's Aboriginal population from 1986 Census of Canada.
Statistics Canada (1984). Canada's native people.
•
CANADA: Many native households are large and include extended family members. Much
housing is overcrowded, lacks modern facilities and needs repairs. Although the trend is
slowing, ever-married native women have more children than non-native women. Lone
parenthood is more prevalent among native people. Most native people speak English
rather than a native language. Fewer natives than non-native acquire an advanced
education, fewer join the labour force and when they do, unemployment is high. On
average, native people receive two-thirds of the income of other Canadians. Many are
involved in seasonal employment. Men are most often in construction and women in
clerical or service jobs.
78
Stenning, P., & Roberts, J.V. (2001). Empty promises: Parliament, the Supreme
Court, and the sentencing of Aboriginal offenders. Draft submitted to the
Saskatchewan Law Review.
•
CANADA: For well over twenty years, the problem of the over-representation of Aboriginal
people in Canada's prisons has preoccupied many people, including correctional
authorities, members of the judiciary, justice policy-makers, and criminal justice scholars.
Most recently, debate has focused on a specific provision of the Criminal Code concerning
the sentencing of Aboriginal offenders. The provision was enacted as part of more general
sentencing reform legislation in 1996, and has subsequently been the subject of two
lengthy and unanimous Supreme Court of Canada decisions: R v. Gladue, and R v. Wells.
In this article, we consider the history and current judicial interpretations and applications
of this provision in light of the available research concerning the nature, extent, and
causes of the Aboriginal 'over-representation' problem. Specifically, we consider the
extent to which the provision and its subsequent judicial interpretations and applications
were informed by knowledge about the causes of Aboriginal incarceration. Finally, we
propose an alternate model for considering plight of socially disadvantaged offenders,
including many Aboriginal offenders, in sentencing decisions.
Stiegelbauer, S.M. (1991). What is an Elder? What do Elders do? First Nation
Elders as teachers in culture-based urban organizations. Ontario Institute for
Studies in Education, University of Toronto.
•
CANADA: Discusses the nature and role of First Nation Elders in Toronto urban
community organizations. Presents the Elders’ own definition of what they do in these
organizations, how they came to be called Elders, what they see an Elder to be, and their
relationship to the urban community. As individuals grow older and accumulate knowledge
and skills, they are respected for what they have learned. They are recognized by their
communities and asked to teach others based on their experiences and how they interpret
those experiences in traditional terms. Elders are important for their symbolic connection
to the past, and for their knowledge of traditional ways, teachings, stories and ceremonies.
Provides seven statements that define an Elder. Concludes that an Elder is not a
figurehead or symbol but someone who is actively involved with the community and with
the organizations themselves. The Elders’ own definition of an Elder: “We are helpers,
that is the highest level we can be. We are part of the family.”
Tait, C.L. (2002). Fetal alcohol syndrome among Canadian Aboriginal peoples:
Review and analysis of the intergenerational links to residential schools.
Submitted to the Aboriginal Healing Foundation.
•
CANADA: Examines Fetal Alcohol Syndrome (FAS) and Alcohol-Related Birth Effects
(ARBEs) in light of current discussions that identify intergenerational effects linked to, or
as a result of, the residential school system. Generates several conclusions with respect
to how the residential school system contributed to high rates of alcohol abuse. Report
complements and critiques a developing body of research and reviews literature aimed at
the prevention of substance abuse during pregnancy and the management and care of
negative birth outcomes caused by alcohol exposure in-utero. Provides knowledge base
to discuss intergenerational links that connect residential school experiences and present
day occurrences of substance abuse by pregnant women and FAS/ARBEs. Examines
‘best practices’ for FAS/ARBE prevention, identification and intervention proposed by
Health Canada. Recommends further research to examine how demographic, socioeconomic and socio-cultural factors may be related to an increased risk of FAS/ARBEs for
some Aboriginal groups. Supports eight recommendations made in Guide for Health
Professional Working with Aboriginal Peoples (Smiley 2000).
79
Taylor, J. (1995). Family violence in the lives of Aboriginal and non-Aboriginal
offenders, FORUM on Corrections Research, 7(2), Correctional Service of
Canada.
•
CANADA: Examined family violence among Aboriginal and non-Aboriginal federal
offenders. Found that the lives of federally-sentenced offenders are characterized by
violence. Those who have witnessed and/or experienced abuse are more likely to
become abusers themselves.
Thomas, C., & Selfe, J. (1993). “Aboriginal women and the law”. In S. McKillop
(ed.) Aboriginal justice issues: Proceedings of a conference held 23-25 June
1992. Australian Institute of Criminology Conference Proceedings No. 21,
Canberra.
•
AUSTRALIA: Describes community consultations in New South Wales by the Women’s
Coordination Unit in which the law was identified as an area of significant importance by
participating Aboriginal women. Issues raised as areas of concern include: lack of access
to the legal system; lack of responsiveness of the legal system; little data on violence
against Aboriginal women; lack of effectiveness of institutions (e.g., Domestic Violence
Advocacy Service); and, the cultural inappropriateness of the system and specific pieces
of legislation such as the Sex Discrimination Act (1984). Calls for greater research to be
undertaken specifically in the areas of Aboriginal women as witnesses and on juries,
responses to apprehended violence orders, victims compensation, and Aboriginal women
in prison.
Tonry, M. (1994). "Editorial: Racial disparities in courts and prisons". Criminal
Behaviour and Mental Health, 4, 158-162.
•
CANADA: Discusses racial disparities in courts and prisons. Although disparities have
often been cited as evidence that justice system officials are biased against members of
minority groups, a consensus is emerging among researchers that the disparities result
primarily from racial differences in offending patterns. Group differences in offending
patterns are the consequence of historical experiences and contemporary social and
economic circumstances. Poverty, disadvantaged childhood, welfare dependence,
educational deficiencies, and lack of marketable skills are powerfully associated with a
number of social pathologies, including criminality.
Trevethan, S. (1993). Police-reported Aboriginal crime in Calgary, Regina and
Saskatoon. Ottawa: Canadian Centre for Justice Statistics, Statistics Canada.
•
CANADA: Examined Aboriginal crime in 3 western cities - accused and victim. Using 1986
Census, Aboriginal persons tended to be younger, have lower educational levels, higher
levels of unemployment, and substantially lower average incomes than non-Aboriginal
persons. The police-reported crime rate per 100,000 population was substantially larger
for Aboriginal than non-Aboriginal persons. There was a substantial difference in the
male-female ration of Aboriginal and non-Aboriginal accused. There were greater
proportions of Aboriginal than non-Aboriginal victims of violent crime, particularly among
females.
Trevethan, S., Crutcher, N., & Rastin, C. (2002). An examination of healing
lodges for federal offenders in Canada. Report R-130, Correctional Service of
Canada.
•
CANADA: Examination of healing lodges for federal offenders. Section 81 of the
Corrections and Conditional Release Act (CCRA) allows Aboriginal communities to
provide correctional services. Healing lodges are meant to aid Aboriginal offenders in their
successful reintegration by using traditional healing methods, specifically, holistic and
80
culturally-appropriate programming. Method: information from case files for 530 offenders
who resided at healing lodges from January 1995 through October 2001, interviews with
18 staff from healing lodges, 56 staff from federal facilities, and 20 residents of healing
lodges. Provides physical description of healing lodges, profile of offenders who have
been transferred, how offenders' view the healing lodge experience, how staff from
healing lodges and federal institutions view the healing lodge experience, and issues
facing healing lodges. There is great variation among the healing lodges currently in place
in Canada. They differ in size, location, design, operation and programming. Although the
socio-demographic and criminal history profile of healing lodge residents is similar to
Aboriginal offenders in minimum security who have not been transferred, they are
assessed as having more difficulties in risk and need. This indicates that it is not the
"easiest" cases that are being transferred to healing lodges. In terms of outcome, of the
residents who were released, 19% were re-admitted for a new offence within four years of
release. This is significantly higher than among Aboriginal offenders released from
minimum security (13%). Those who reside at healing lodges said were satisfied with their
experience at the healing lodge. It was noted that the healing lodge helped them better
understand themselves and furthered their healing journey. Staff from healing lodges and
federal facilities have some common perceptions about healing lodges. The following
issues were noted: resources; transfers; relationship between healing lodges and federal
institutions; and, community involvement.
Trevethan, S., Moore, J.P., & Thorpe, M. (2002). The needs of Métis offenders in
federal correctional facilities in Canada. Report R-129, Correctional Service of
Canada.
•
CANADA: Because of their over-representation within the correctional system (4% of
federal inmate population versus 0.7% of Canadian population), and because the current
programs and services may not be appropriate for them, Métis offenders may require
different interventions than non-Aboriginal and First Nations offenders. Report examines
what programs and services are in place, and what services Métis offenders require for
successful reintegration. Although they are similar to First Nations offenders in terms of
socio-demographic characteristics, offence profile and criminogenic needs, they differ in
home environment and cultural aspects. Furthermore, although they are participating in
programs that relate to their criminogenic needs while incarcerated, tailoring the programs
to make them more relevant to their lifestyles may make them more effective. There is
clearly the feeling among Métis offenders that they require different programs from nonAboriginal offenders, and perhaps different programs from First Nations offenders, to
make them more meaningful to them. The family members of Métis offenders also have
diverse needs, an area requiring more attention. The involvement of Métis communities in
addressing the needs of family members and Métis offenders upon release may make
reintegration efforts more successful. Better training for correctional staff about Métis
culture may also help improve the outcome for Métis offenders. Information sessions for
staff on Métis culture could aid in a better understanding of differences between Métis and
First Nations offenders.
Trevethan, S., Auger, S., Moore, J.P., MacDonald, M., & Sinclair, J. (2001). The
effect of family disruption on Aboriginal and non-Aboriginal inmates. Research
Report R-113, Correctional Service of Canada.
•
CANADA: Examined childhood experiences of Aboriginal and non-Aboriginal federal
offenders. Method: interviews with Aboriginal and non-Aboriginal inmates in 7 Prairie
institutions about their childhood experiences (attachment, stability, etc.). Findings: larger
proportions of Aboriginal than non-Aboriginal offenders were involved in the child welfare
system when they were children (63% versus 36%). Aboriginal offenders had less stability
while growing up than non-Aboriginal offenders, particularly in teenage years. Involvement
in the child welfare system seems to contribute to the differences between Aboriginal and
81
non-Aboriginal offenders in childhood stability. Those who reported an unstable childhood
were less attached than those who reported a stable childhood. Large proportions of
Aboriginal offenders said that they were currently attached to Aboriginal culture.
Attachment to Aboriginal culture seems to be re-developed upon entry into the federal
correctional system. Those who attended residential school (20%) described their
experience as very negative. Adolescent stability does not seem to have affected the
current relationship with a spouse or children. However, an unstable adolescence may
affect the current relationship the offender has with other family members, such as
mother, father and siblings. Demonstrates the importance of focusing on early childhood
experiences in programming, as well as the importance of Aboriginal culture (programs,
Elders, etc.).
Trevethan, S., & Spice, S. (1996). Description of native court worker programs.
Department of Justice Canada.
•
CANADA: Describes how native courtworker programs across Canada operate, including
mandate, services, etc.
Trevethan, S., Tremblay, S., & Carter, J. (2000). The over-representation of
Aboriginal people in the justice system. Ottawa: Canadian Centre for Justice
Statistics, Statistics Canada.
•
CANADA: Examined the over-representation of Aboriginal people within the criminal
justice system. Analyses of: victims of violent crime in Vancouver; youth alternative
measures; youth and adult admissions to corrections; and a profile of inmates.
Trimble, J.E. (1991). "The mental health service and training needs of American
Indians". In R. Echemendia, P. Guzman, H.F. Myers, & P.L. Wohlford (eds.)
Ethnic Minority Perspectives on Clinical Training and Services in Psychology
(pp. 43-48). Washington, DC: American Psychological Association.
•
USA: Discusses mental health services for American Indians and Alaska Natives.
Cultural orientations are important aspects in providing for, and delivering, effective
mental health services. Ethnocentric notions of adjustment, adaptation, and coping tend to
ignore diverse cultural orientations. Mental health training opportunities for Aboriginals
need to be enhanced as numbers of sufficiently trained Aboriginals is low. Training and
delivery of services to Aboriginals is complicated by the fact that conventional
psychological and psychiatric diagnostic categories are culturally incongruent with
traditional worldviews. Culture and ethnicity are not frivolous concerns. Culturally sensitive
choices need to be made. Provides three recommendations for psychological training
programs to ensure culturally relevant intervention.
Turpel-Lafond, M.E. (1999). “Sentencing within a restorative justice paradigm:
Procedural implications of R. v. Gladue”. Criminal Law Quarterly, 43(1), 34-50.
•
CANADA: Addresses procedural implications of the Gladue Supreme Court of Canada
decision. The Gladue decision is an important watershed in Canadian criminal law as the
court clearly endorsed the notion of restorative justice and a sentencing regime which is to
pay fidelity to “healing” as a normative value. The decision clarified the duty of sentencing
judges to consider background and systemic factors in sentencing Aboriginal offenders.
This article examines the following questions: How should counsel approach this decision;
and what are the duties of the sentencing judge? The role of Counsel should be seen as a
two-step process: defence counsel needs to assist in bringing personal information
regarding the defendant to the attention of the court; and the Crown will need to assist in
identifying alternatives to incarceration so that the court understands the available options.
The decision affects the judiciary in at least three fundamental ways: judges will need to
be educated regarding Aboriginal peoples in Canada; judges will need to spend more time
82
on the sentencing process to ensure that all required information is before the court in
order to evaluate a more restorative approach to the defendant and the community; and
judicial independence will be vital in discharging this function as individual judges and the
judiciary may be subjected to considerable criticism and public attack for applying the
Gladue principles in individual cases.
Vanderburg, S.A., Weekes, J.R., & Millson, W.A. (1994). Native offender
substance abuse assessment: The Computerized Lifestyle Assessment
Instrument. Research Report R-37, Correctional Service of Canada.
•
CANADA: Examined the Computerized Lifestyle Assessment Instrument (CLAI), designed
to measure substance abuse. The results support the ability of an automated self-report
system to generate reliable and interpretable information about offender substance abuse
problems, regardless of whether the offenders are Aboriginal or non-Aboriginal. The CLAI
system is better able to identify offenders having substance abuse problems as compared
with approaches reliant on information from offenders' institutional files.
Waldram, J.B. (1997). The way of the pipe: Aboriginal spirituality and symbolic
healing in Canadian prisons. Ontario: Broadview Press.
•
CANADA: Describes research with Aboriginal offenders relating to Aboriginal spirituality.
Includes chapters on: incarceration; trauma, racism and identity; Aboriginal spirituality and
symbolic healing; elders and spiritual leaders; inmate experiences; obstacles and detours;
case studies in spirituality and healing.
Waldram, J.B. (1994). "Aboriginal spirituality in corrections: A Canadian case
study in religion and therapy". American Indian Quarterly, 18(2), 197-214.
•
CANADA: Argues that the therapeutic aspect of Aboriginal spirituality is not being fully
recognized in correctional programs. Research at Regional Psychiatric Centre in
Saskatchewan (interviews with 30 Aboriginal inmates, observation of psychological and
traditional Aboriginal treatments, interviews with Elders).
Waldram, J.B. (1993) Aboriginal spirituality: Symbolic healing in Canada prisons.
Culture, Medicine and Psychiatry, 17, 345-362.
•
CANADA: Describes manner in which current Aboriginal spirituality programs in Canadian
prisons constitute a variant of symbolic healing. Documents process of symbolic healing
involving Aboriginal offenders in cultural awareness and educational programs. Due to the
existence of offenders from diverse Aboriginal cultural backgrounds with differing degrees
of orientation to Aboriginal and Euro-Canadian cultures, participants must first receive the
necessary education to allow them to identify with the healing symbols so that healing
may ensue. Symbolic healing is predicated on the ability of the Elders and patients to
establish a common cultural ground and mythic world, including the transactional symbols
of tobacco, the pipe, sweet grass, and sweat lodge, as well as the rhetoric. Elders develop
this world through education, both formal and informal, and through dialogue. Conclusion:
common cultural territory essential before symbolic healing can occur. Healing is viewed
as an on-going process that will continue to require disciplined adherence upon release
from prison.
Waldram, J.B. (1990). "Access to traditional medicine in a western Canadian
city". Medical Anthropology, 12, 325-348.
•
CANADA: Examines access to traditional Aboriginal medical systems in western
Canadian city of Saskatoon. Interviews with 142 Aboriginals from at least six different
cultural traditions: Northern or Woods Cree, Plains Cree, Dene, Dakota, Saulteaux (Plains
Ojibwa), and Métis. Data demonstrate that many Aboriginals desire access to traditional
Aboriginal medical systems and do not see difficulties in having Aboriginal healers
83
available in Western-style biomedical clinics (60.8% - Aboriginal healers could handle
certain kinds of health problems better than physicians could; 85% - physicians could
handle certain problems better than Aboriginal healers). Language variables proved to be
best predictors of access questions: those with the greatest cultural adherence were more
likely to want more formal access. Northern Cree demonstrated the greatest commitment
to traditional medicine due to: strong Aboriginal language retention; adherence to
Aboriginal culture; and inexperience in the city. Dual use of alternative medical systems
did not seem problematic for the study respondents. Lack of access to traditional
Aboriginal medical services represents a legitimate health need. Discusses considerations
for the implementation of formal access to traditional Aboriginal medicine.
Waldram, J.B., & Wong, S. (1996). "Group therapy of Aboriginal offenders in a
Canadian forensic psychiatric facility". American Indian and Alaska Native
Mental Health Research, 6(2), 34-56.
•
CANADA: Documents use of one form of group therapy for Aboriginal offenders in a
forensic psychiatric facility where cultural heterogeneity exists. Demonstrates one arena
(forensic treatment program) in which cultural misunderstandings and insensitivity and the
differing social, class, and racial structures of group therapy affect the involvement of
some Aboriginal peoples. Contends that a hybrid of the ideas of French (1989) and
Trimble and Fleming (1989) on the counselling of individual Aboriginal people can be
extended to provide a framework for analyzing group therapy experiences for Aboriginal
peoples. Framework incorporates cultural, racial and class variables in the analyses.
Cultural matters must be taken into account when offering group therapy to Aboriginal
offenders. Imperative to try to assess the degree of acculturation of the client. Concludes:
within a forensic psychiatric setting, group therapies that mirror the social, cultural, racial,
and class structures of Euro-Canadian society are problematic in the treatment of
traditional Aboriginal offenders but much less so for acculturated Aboriginal offenders.
Walker, J. & McDonald, D. (1995). "The over-representation of indigenous people
in custody in Australia". Trends and Issues in Crime and Criminal Justice, No.
47, Australian Institute of Criminology, Canberra.
•
AUSTRALIA: Aboriginal people are in prison at 13 times the rate of non-Aboriginal people
(varies by jurisdiction) and projections over the next decade are ominous. Can be reduced
in part by reducing levels of social and economic disadvantages. Must be improvements
in the ways the criminal justice system treats Aboriginal people. Juvenile detention: adult
over-representation in prison is established in early life. Police custody: Indigenous people
held in police cells at a rate over 26 times that of non-Indigenous, particularly among
women (due to lack of community ties). Adult prisons: very high numbers of Indigenous
prisoners relative to their proportion in the adult population (particularly among women).
Offence type: Indigenous people most over-represented in offences involving violence,
break and enter, breach of justice and driving offences. Sentencing: Indigenous offenders
serve shorter terms of imprisonment than non-Indigenous for the whole range of offences
(courts may have lenient view, biasing sentence lengths to avoid accusations of racial
bias). Employment and educational background: Indigenous rates of imprisonment
partially reflect real differences in rates of offending; possibility that Indigenous rates of
imprisonment are not any higher than those applying to other people with similarly low
socioeconomic status – improving employment prospects through improved educational
attainment could have a significant impact on imprisonment rates. Towards 2011: number
of Indigenous people in prison can be projected to increase by 50% by 2011 compared to
1992. Principal cause of over-representation in prison is the low status of the Indigenous
community in Australia, both in SES and patterns of discrimination.
84
Weaver, S.M., (1990). "A new paradigm in Canadian Indian policy for the
1990’s". Canadian Ethnic Studies, XXII 3, 8-16.
•
CANADA: Argues that the current turmoil in the field of Canadian Indian Affairs exists
because there is a newly emerging policy paradigm, one that severely challenges current
policy thinking in regard to the relationship of the Canadian state to Indian First Nations.
Proposes that the new paradigm derives many of its core elements from the Penner
Report on Indian Self-Government (1983) and the Coolican Report on comprehensive
land claims (1986). Identifies key themes and recurring ideas in specific policies or policy
advice. Identifies the relationship between First Nations and the state: is a permanent
organic relationship; will exist at a level of sanctioned rights; sustains cultural co-existence
with the Euro-Canadian cultural system; will foster direct, honest and honourable dealings;
will move toward jointly formulated policies; will promote real empowerment for Aboriginal
peoples in the form of self-government; and, will provide for a development-oriented
administrative role for the Department of Indian Affairs. Concludes with the proposition
that reform is inevitable because old paradigm ‘solutions’ will become less tenable as new
paradigm thinking reveals their outmoded analysis of the state’s obligations to First
Nation’s peoples.
Weekes, J., & Millson, W. (1994). The Native offender substance abuse pretreatment program: Intermediate measures of program effectiveness.
Research Report R-35, Correctional Service of Canada.
•
CANADA: Examined the Native Offender Substance Abuse pre-treatment program. Found
that the pre-treatment program produced significant improvements in terms of offenders'
knowledge and attitudes toward substance abuse, general problem-solving ability and
recognition of Native cultural factors.
Weekes, J.R., Morison, S.J., Millson, W.A., & Fettig, D.M. (1995). "A comparison
of Native, Métis, and Caucasian offender profiles on the MCMI". Canadian
Journal of Behavioural Science, 27(2), 187-198.
•
CANADA: Examined appropriateness of MCMI (Millon Clinical Multiaxial Inventory) for use
with Aboriginal offenders as a tool for correctional assessment. Compared MCMI profiles
of native (n=59), Métis (n=39) and Caucasian (n=203) offenders. Results indicated that
alcohol abuse was the only clinical dimension that produced between-group differences
for the clinical profiles. Also determined that the MCMI had a reasonable degree of
internal consistency when administered to Native, Métis and Caucasian offenders.
Weinrath, M. (1999). "Violent victimization and fear of crime among Canadian
Aboriginals". Journal of Offender Rehabilitation, 30(1-2), 107-120
•
CANADA: Examines correlates of Aboriginal fear of crime and differences between
Aboriginal and non-Aboriginal Canadians. Used 1991 Aboriginal People's survey
(N=25,122) and the 1993 General Social Survey (N=10,000). Results indicate that
Aboriginal Canadians generally reported feeling safe, however, females, the elderly, those
with low income, urban dwellers and assault victims expressed greater fear. Also found
that reported assaults were twice as high for Aboriginal than non-Aboriginal people, but
racial differences in fear of crime were small.
Welsh, A. & Ogloff, J.R.P. (2000). "Full parole and the Aboriginal experience:
Accounting for the racial discrepancies in release rates". Canadian Journal of
Criminology, 42(4), 469-491.
•
CANADA: Investigated extent to which race group differences accounted for variances in
granting full parole in comparison to factors normally considered in evaluating release
potential. Sample selected retrospectively from the Offender Management System
(maintained by CSC). Total of 2,479 male offenders reached parole eligibility in 1996, of
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which 285 were Aboriginal. Variables pertaining to the index offence, criminal history, and
risk and need factors were obtained from the Offender Intake Assessment. Aboriginal
offenders were convicted of more serious offences and had significantly shorter sentences
compared to non-Aboriginal offenders. Significantly higher percentage of Aboriginal
offenders were designated as either high or medium risk and high or medium needs than
non-Aboriginals. Substance abuse, personal/emotional orientation and employment were
identified as areas of difficulty for Aboriginal offenders. Results indicated that Aboriginal
offenders were significantly less likely to apply for full parole and more likely to waive a full
parole hearing. Aboriginal status was not a significant predictor of parole board decisions.
The main indicator for denying parole appeared to be fighting in prison.
Wolff, L. (1991). Crime in Aboriginal communities: Saskatchewan 1989. Ottawa:
Canadian Centre for Justice Statistics, Statistics Canada.
•
CANADA: In Saskatchewan, proportion of offences reported on reserve was higher than
proportion of population living on reserve. Violent and traffic crime rates were higher on
reserve than in other rural or urban areas, while property crime rate was higher than rural
rate but slightly lower than urban rate. Proportion of people within the young offender age
category is almost twice as high on reserve than off-reserve.
Wormith, J.S., & Olver, M. (2001). Offender treatment attrition and its relationship
to risk, responsivity, and recidivism. Draft report prepared for the University of
Saskatchewan and Regional Psychiatric Centre (Saskatoon), Correctional
Service of Canada.
•
CANADA: Study of 93 violent offenders in an intensive treatment program in a
specialized, maximum security correctional facility. Examines factors that contribute to
attrition from correctional treatment and the implications that treatment non-completion
may have for issues concerning risk, recidivism, and responsivity. Focusing on clientinitiated drop-out and agency-based expulsion, 35 participants did not complete their
treatment program. While not differing significantly in age from completers, noncompleters are more likely to be from maximum security (49%), Aboriginal (66%), and
married or in a common-law relationship (49%). Completers are more likely to have
regular or full-time employment prior to admission (80%), with a higher degree of
academic attainment. Non-completers also scored significantly lower on the SIR scale
than completers and were more likely to be charged (83%) and convicted (77%) than noncompleters (61% charged, 59% convicted). However, it is the non-completers’ heightened
risk level that puts them at risk for recidivism rather than non-completion of a program.
Aboriginal offenders were less likely to complete treatment (53%) than non-Aboriginals
(73%), and the rate for high-risk Aboriginal offenders was dramatically less (20%) than
other Aboriginal offenders (76%) and equally high risk, non-Aboriginal offenders (67%).
While scoring lower on the SIR Scale, Aboriginal offenders were no more likely to
recidivate than non-Aboriginals. Findings are specific to this study and may be different
with another group of offenders. However, suggestions for minimizing treatment attrition
which warrant further investigation include increased attention to basic responsivity
issues, specifically culture and cognitive ability.
Wyrostok, N.C., & Paulson, B.L. (2002). Traditional healing practices among First
Nations students. Canadian Journal of Counselling, 34(1), 14-24.
•
CANADA: Assesses post-secondary First Nations students’ attitudes toward traditional
Aboriginal healing practices. Ninety-nine First Nations’ adult volunteers were surveyed in
several adult educational settings. “Aboriginal healing practices” were defined as activities
and ceremonies performed with the help of an elder or recognized healer for the purpose
of helping people to feel better mentally, emotionally, physically, and spiritually. Survey
questionnaire was constructed to assess respondents’ attitudes toward traditional healing
practices through: interest, valuing, and experience with traditional healing practices.
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Results: respondents expressed overall strong interests in traditional healing practices 90% reported hope that traditional healing would continue to be practiced; 81% reported
some previous experience with specific traditional healing practices (44% sweat lodge,
46% prayer ceremonies, 49% herbal cures). Findings: traditional healing practices remain
a vital part of the First Nations community. Traditional practices are valued for their part in
cultural identity and their curative power. Recommendations: counsellors need to have an
awareness of the First Nation world-view, a knowledge of local cultural practices and
resources and a recognition of the constraints of their own value system. Additional
research to increase understanding of the role and impact of traditional healing practices
is necessary.
Yeboah, D.A. (2000). "Maori and the New Zealand corrections system". Forum
on Corrections Research, 12(1), 19-21.
•
NZ: Discusses proportion of Maori in NZ and over-representation in corrections; lower
socio-economic status, life expectancy, morbidity, higher mortality; project underway
"Reducing Offending by Maori" which is trying to improve socio-economic status,
rehabilitation, using Maori providers, implementing culturally appropriate programs,
employing more Maori staff; Marae justice (suggestion that Maori offenders be subjected
to Marae justice instead of traditional criminal justice system).
Young, T.K., & Katz, A. (1998). “Survivors of sexual abuse: Clinical lifestyle and
reproductive consequences”. Canadian Medical Association Journal, 159(4),
329-335.
•
CANADA: In recent years, an increase in the prevalence of sexual abuse of women has
been reported in Canada and elsewhere. However, there is little empirical data on the
extent of the problem in Canadian Aboriginal populations. Sample of 1,696 women was
selected from women attending a community health centre in a low-income inner-city area
of Winnipeg for a cross-sectional survey designed to study the association between
sexual behaviour and cervical infections. Survey conducted between November 1992 and
March 1995 and involved a clinical examination, laboratory tests and intervieweradministered questionnaire. Sub-study of 1,003 women were asked 2 questions about
sexual abuse. Among the respondents, 43.6% were Aboriginal. Overall, 36.5% of the
respondents reported having been sexually abused, 74.0% of the incidents having
occurred during childhood. Prevalence was higher among Aboriginal than non-Aboriginal
women (44.8% v. 30.1%). Women who had been sexually abused were younger when
they first had sexual intercourse, had multiple partners, and had a history of sexually
transmitted diseases. Non-Aboriginal women who had been sexually abused were more
likely than those who had not been abused to have been separated or divorced,
unemployed and multiparous and to have used an intrauterine device rather than oral
contraceptives. Aboriginal women who had been sexually abused were more likely than
those who had not been abused to have had abnormal Papanicolaou smears. Proportion
of smokers was higher among the abused women than among the non-abused women in
both groups.
Young, T.K., Reading, J., Elias, B., & O’Neil, J.D. (2000). “Type 2 diabetes
mellitus in Canada’s first nations: Status of an epidemic in progress”.
Canadian Medical Association Journal, 163(5), 561-567.
•
CANADA: The epidemic of type 2 diabetes is on the upswing, with a trend toward earlier
age at onset. Widely recognized that type 2 diabetes has become a serious health
problem among many Aboriginal populations in North America. Diabetes can be
considered to be indicative of the rapid sociocultural changes experienced by Aboriginal
people in the past several decades. Examines data from APS and 1997 First Nations and
Inuit Regional Health Survey (FNIRHS). Focus on First Nations (not yet an important
87
health problem among Inuit and little data available for Métis). Found 5-fold risk of death
from diabetes among women resident on reserves compared with Canadians nationally.
Prevalence of diabetes varies according to language group, culture area, geographic
location and degree of isolation. Crude prevalence of diabetes in FNIRHS was 8% among
men and 13% among women. When age-adjusted to Canadian population, the prevalence
was 3.6 to 5.3 times higher among First Nations men and women respectively than
among Canadian men and women. Scattered intervention projects have been
implemented and some show promise. The health and social repercussions of the disease
are considerable, and long-term outlook remains guarded. Prevention and control of
diabetes require community action and collaboration among Aboriginal organizations,
governments, voluntary agencies and health care professionals.
Zellerer, E. (1992). "Native spirituality behind bars: A policy proposal". Canadian
Journal of Native Studies, 12(2), 251-268.
•
CANADA: Describes history of native policy, native spirituality and corrections in Canada;
and examines policy including barriers to and support for its implementation. Argues that
contrary to CSC objectives, differences of Native offenders are not being fully respected
nor are their spiritual needs being met. Proposes a policy to respect Aboriginal religion
and spirituality freedom.
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