Law Times

lAw Times • April 28, 2014 Page 9 www.lawtimesnews.com hile the $22.2 mil- lion thrown at the federal govern- ment's aboriginal justice strategy over the next two years is an amount many people would applaud, there are mur- murings it needs more than a fresh round of financing to meet the gargantuan task it will be tackling. Aboriginal people account for 4.3 per cent of Canada's popula- tion but 22 per cent of federal in- mates, according to the Office of the Correctional Investigator. e strategy aims to lower the rate of victimization, crime, and incarceration among aboriginal people as well as help communi- ties assume greater responsibility for local administration of justice. It also seeks to provide better and timelier information about the community justice programs it funds and reflect and include aboriginal values within the jus- tice system. February's federal budget said the government would continue to invest in the strategy but gave no indication of a review to en- sure it's spending the money in the most effective way. e last evaluation dates back to 2011 when an internal Justice Canada assessment published mainly positive findings. e next evaluation isn't due until 2016. Larry Chartrand, an associ- ate professor at the University of Ottawa Faculty of Law, thinks an updated assessment of the strategy could be useful. "I don't think the program has done that well when you look at the figures on overrepresentation, which are getting worse as opposed to get- ting better," he says. e figures do indeed show a widening gap. Over the past decade, the total inmate popula- tion has grown by 16.5 per cent while the aboriginal incarcerated population increased by a hugely disproportionate 46.4 per cent. Chartrand calls the strategy "more of a Band-Aid solution" than something likely to lead to systemic change. e strategy has two main strands. One funds community- based programs aimed at devel- oping sentencing alternatives and diversion schemes and help- ing aboriginal people to take on more responsibility for the ad- ministration of justice in their communities. e other is a capacity-building fund aimed at boosting the skills of aboriginal communities so they're able to establish community programs. Shin Imai, an associate profes- sor at Osgoode Hall Law School, sees the strategy's flexible and localized approach as its strong point. "at's why there's a wide range of initiatives," he says. "at's its strength as opposed to trying to take a one-size-fits-all approach." Chartrand sees it differently. He says the programs oen "have an impact and make the system more sensitive to cultural needs" but "don't get in a meaningful way to why there are so many offend- ers in the system in the first place." Aimée Cra, past chairwoman of the Canadian Bar Association's national aboriginal law section, agrees. "e aboriginal justice strategy is simply focused on when there's an interaction be- tween aboriginal people and the justice system, how does it get that aboriginal flavour to it. But why is there even an interaction with the justice system in the first place?" Instead of pouring money into the justice system, Cra feels it would be wise to invest more in access to health and education services. All of that perhaps falls out- side of Justice Canada's purview. For instance, the 2014 budget contains another $438 million for skills training directed at ab- original people. But there are still ways to better spend the federal money, says Chartrand. For example, he thinks the government could do more to educate the judiciary about the need for sentencing to take into account the challenges many aboriginal offenders have faced in their lives. A better un- derstanding would help to en- sure judges more consistently follow the principles established in R. v. Gladue, he believes. ere may also be an argu- ment for broader policy changes. If the government were to ease its focus on tough-on-crime poli- cies like mandatory minimum sentences, it could free up cash to help prevent aboriginal recidi- vism, according to Imai. On average, it costs $111,000 to keep a male inmate in a federal prison for a year and $214,000 per woman. As of February 2013, there were 3,400 aboriginal of- fenders in federal penitentiaries. Besides their overrepresenta- tion in prison, aboriginal people are more likely to be the victims of crime. Homicide rates are nearly seven times higher than for non- aboriginals and domestic violence targeting aboriginal women is at least twice the rate among the gen- eral population, according to the 2009 general social survey. e mysterious disappear- ances of hundreds of aboriginal women and girls are a well-doc- umented issue, and the Native Women's Association of Cana- da put the number at 668 as of March 2013. It's an issue the federal gov- ernment hopes to address by re- newing a $25-million fund over five years to "continue efforts to reduce violence against aborigi- nal women and girls." e 2014 budget says the pre- vious $25 million went towards the creation of the National Cen- tre for Missing Persons and Un- identified Remains; victims fund enhancements to ensure victims and families of missing and mur- dered aboriginal women have access to culturally appropriate services; and community-based awareness and safety plans. However, in 2010, funding for the data collection and re- search project run by the asso- ciation's Sisters in Spirit program came to an end. Cra criticizes this decision and calls for better co-ordination of the various programs in place as well as a recognition that many vulnerable women live in cities. "ere's a lot of money [go- ing to] anti-domestic violence in the First Nations community," she says. "at's important work, but if the result is that women are coming to urban centres and live in an environment of poverty with no social support, they be- come targets and the victims." Last month, the House of Commons special committee on violence against indigenous women released a report calling for, among other recommenda- tions, a public awareness and prevention campaign focusing on violence against aboriginal women and girls in Canada. Its recommendations fell short of demanding a public national inquiry, something the CBA and other groups have advocated for. Cra says an inquiry would help to understand the complex issues and "systemic racism" be- hind the high number of disap- pearances and murders. It could also lead to better support for "successful young aboriginal women" who have moved away from reserves and may succumb to societal dis- crimination and violence. Chartrand, however, suggests it would be better to spend the mon- ey on educating police forces and ensuring investigation strategies involve aboriginal communities as well as educating the public on why aboriginal women are oen the targets of these crimes. A Justice Canada spokes- woman said the aboriginal justice strategy would continue to focus on addressing the disproportion- ately high rates of victimization, crime, and incarceration experi- enced by aboriginal people. She added: "It will do this by working with provinces, territo- ries, and aboriginal communities to support community-based justice programs, which provide an alternative to the mainstream justice system for non-violent property or lesser offences in ap- propriate circumstances. "ese programs enable aboriginal people to assume greater responsibility for the ad- ministration of justice in their communities and strengthen the voice of victims." LT Will renewed funding for aboriginal justice strategy help? Commentators debate whether money promised in budget will be enough FOCUS For more than a century Black's Law Dictionary® has been the gold standard for the language of law. Today it's the most widely cited law book in the world. The new 10th edition contains more than 50,000 terms. 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Garner, Editor in Chief Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # L314-613004- 65203 $81.95 USD Jurisdiction: USA Hardcover May 2014 West 00219CE-A43698 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. Aboriginal justice strategy programs 'don't get in a meaningful way to why there are so many offenders in the system in the first place,' says Larry Chartrand. BY CHARLOTTE SANTRY Law Times W

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