bc health potential impact of c10

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http://www.health.gov.bc.ca/pho/


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Provincial Health Officers Special Report: Health, Crime, and Doing Time

March 2013

Tis report was developed in response to the new Safe Streets and Communities Actthatwas introduced as Bill C-10 in September 2011 and received Royal Assent on March 13,2012. Te Act was met with criticism from numerous organizations and individuals acrossmany sectors throughout its development. Among these criticisms was a concern about thepotential implications of the Act and their disproportionate impact on vulnerable populationsin Canada, particularly Aboriginal people.

In previous reports I have explored the health of Aboriginal people in BC, and found thatwhile many health outcomes are slowly improving, overall, Aboriginal people continue toface challenges and vulnerabilities related to adverse socio-economic factors and other healthdeterminants when compared to other British Columbians. Many of these same factors caninfluence the likelihood of an individuals involvement in crime.

Te data regarding incarceration levels for Aboriginal people in BC are disturbing. WhileAboriginal people represent approximately five per cent of the population of BC, theyrepresent over one-quarter of admissions into BC correctional centres. Tis report exploresthe interrelationships between social determinants of health, and risk and protective factorsfor crime, and highlights the increased vulnerability of many Aboriginal communities that isthe result of multi-generational residential school experiences.

Tese analyses strongly suggest that the Safe Streets and Communities Acthas the potential toworsen the overrepresentation of Aboriginal people in BC correctional centres, and worsenthe health of Aboriginal people in BC. Te cycle of poor health and crime can be difficult

to escape, and to do so requires supports for socio-economic factors and health conditions,and a focus on prevention and rehabilitation rather than increased incarceration. I concludethis report with nine recommendations that focus on relationships, crime prevention anddiversion, and monitoring and evaluation. Tese measures can help curtail the potentiallydetrimental impacts of the Safe Streets and Communities Act, and re-focus on healthpromotion and crime prevention.

P.R.W. KendallOBC, MBBS, MSc, FRCPProvincial Health Officer

Message from the Provincial Health Officer


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Table of Contents

LIST OF FIGURES AND TABLES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix

ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x

EXECUTIVE SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xiii

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

A CENTURY OF CHANGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

erminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Brief History of Colonization and Change in BC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

A Changing Relationship with Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Commitments to Address Health Inequities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Changes in the Justice Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Aboriginal Offenders and the Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Aboriginal Justice Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Other Aboriginal Justice Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

THE SAFE STREETS AND COMMUNITIES ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Canadian Law and the Administration of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Intention of the Safe Streets and Communities Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Changes Introduced through the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Mandatory Minimum Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Changes Affecting Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Criticisms of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

THE INCARCERATION OF ABORIGINAL PEOPLE IN BC . . . . . . . . . . . . . . . . . . . . 15

Incarceration Levels of Aboriginal Adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Incarceration Levels of Aboriginal Women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Incarceration Levels of Aboriginal Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Understanding the Overrepresentation of Aboriginal People in the Criminal Justice System . . . 23

Age Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Data Collection and Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Legislative Challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25


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Challenges in Aboriginal Justice Programming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Systemic Biases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Aboriginal People and the Relationship Between Health and Crime . . . . . . . . . . . . 29

Determinants of Health and Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Risk and Protective Factors for Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Social Determinants of Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Determinants of Health and Crime among Children and Youth. . . . . . . . . . . . . . . . . . 31 Unstable Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Familial Involvement in Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Children in Government Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Problematic Substance Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Determinants of Health and Crime among Adult Offenders . . . . . . . . . . . . . . . . . . . . 33

Offenders in Federal Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Education and Offenders in BC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Employment and Offenders in BC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Te Link between Mental Health, Substance Use, and Crime. . . . . . . . . . . . . . . . . . . . 37

Mental Health and Substance Use among Aboriginal People in BC . . . . . . . . . . . . . 37 Mental Health, Substance Use, Addictions, and Crime . . . . . . . . . . . . . . . . . . . . . . . 38

Te Cycle of Poor Health and Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Health of Incarcerated Populations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Health of Incarcerated Aboriginal People . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

SUMMARY AND RECOMMENDATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Focus on Relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Focus on Prevention and Diversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Monitor and Evaluate the Impact of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

APPENDICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Appendix A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Appendix B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

REFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47


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LIST OF FIGURES AND TABLES

Figure 1: Percentage of Adult Admissions to Provincial Custody Centres and Adult Population, BC, 2007 to 2011 . . . . 16

Figure 2: Admission Rate, Provincial Custody Centres, Ages 18-34 and 35+, BC, 2007 to 2011 . . . . . . . . . . . . . . . . . 17

Figure 3: Proportion of BC Population and Average Custody Centre Population, Adult Males, BC . . . . . . . . . . . . . . . 18

Figure 4: Proportion of BC Population and Average Custody Centre Population, Adult Females, BC . . . . . . . . . . . . . 19

Figure 5: Proportion of BC Population and Admissions to Open and Secure Custody, Youth Ages 12-17, BC. . . . . . . 21

Figure 6: Admissions to Pre-rial Detentions, Youth Ages 12-17, BC, 2006/2007 to 2008/2009 . . . . . . . . . . . . . . . . . 21

Figure 7: Admissions to Open and Secure Custody, Youth Ages 12-17, BC, 2006/2007 to 2008/2009 . . . . . . . . . . . . 22

Figure 8: otal Crime Rate and Percentage of Population, Ages 18-34, 2002 to 2010. . . . . . . . . . . . . . . . . . . . . . . . . . 23

Figure 9: Age Distribution, Status Indians and Other Residents, BC, 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Figure 10:Average Annual Proportion of Adult Admissions, by Highest Level of Education Completed, BC,

2007/2008-2011/2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Figure 11:Average Annual Proportion of Adult Admissions, by Employment Level, BC, 2007/2008-2011/2012 . . . . 36

able 1: Health Conditions Self-Reported by Females After Incarceration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

able 2: Primary Data Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

able 3: Legislation Affected by the Safe Streets and Communities Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Tis report was produced under the authority of Section 66 of the Public Health Act. Underthis section, the Provincial Health Officer has the authority and responsibility to monitor thehealth of the population of BC, and to provide independent advice on public health issues,

and the need for legislation, policies and practices respecting those issues. Some reports givea broad overview of health status while others focus on particular topics, such as air quality,diabetes, food, drinking water quality, and Aboriginal health.


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AcknowledgementsTe Provincial Health Officer gratefully acknowledges the following individuals for their supportand assistance:

Naomi Dove, MD, FRCPSCDirector of Health Promotion and PreventionFirst Nations & Inuit Health BranchHealth Canada

Robert Gordon, PhDProfessor and DirectorSchool of CriminologySimon Fraser University

Carmen GressDirector, Research Planning & Offender ProgrammingCorrections Branch - Strategic OperationsBC Ministry of Justice

Sue HendricksDirector, Aboriginal Programs and RelationshipsCorrections Branch - Strategic OperationsBC Ministry of Justice

Patricia Janssen, PhD, Professor

Director, Master of Public Health ProgramCo-Teme Lead, Maternal Child HealthSchool of Population and Public HealthUniversity of British Columbia

Miranda KellyTripartite Data and Information Planning CommitteeMemberHealth Planner, Health Knowledge and InformationFirst Nations Health Authority

Clint KuzioDirector, Aboriginal Health GovernanceAboriginal Healthy Living BranchBC Ministry of Health

Ruth Elwood Martin, MD, FCFP, MPHDirector, Collaborating Centre for Prison Health andEducationClinical ProfessorDepartment of Family PracticeUniversity of British Columbia

Shannon McDonaldTripartite Data and Information Planning CommitteeMemberExecutive DirectorAboriginal Healthy Living BranchBC Ministry of Health

ara NaultDirector, Health ActionsAboriginal Healthy Living BranchBC Ministry of Health

Laura NeufeldSenior Public Affairs OfficerGovernment Communications and Public EngagementBC Ministry of Health

Jessica OlsenResearch OfficerCorrections Branch - Strategic OperationsBC Ministry of Justice

Kim ReimerTripartite Data and Information Planning CommitteeMemberHealth Surveillance and Chronic Disease EpidemiologistPublic Health Planning and Surveillance BranchBC Ministry of Health

Don RintoulTripartite Data and Information Planning CommitteeMemberDirector, Data Access, Research and StewardshipInformation Management and Knowledge Services BranchBC Ministry of Health

Diane ShepherdDirector of Health ServicesCorrections Branch - Adult Custody DivisionBC Ministry of Justice


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Acknowledgemen

xProvincial Health Officers Special Report: Health, Crime, and Doing Time

Sukhy SidhuTripartite Data and Information Planning CommitteeMemberPolicy Program AnalystAboriginal Healthy Living BranchBC Ministry of Health

Isaac Sobol, MD, MHScIndependent ReviewerExpertise in First Nations and Inuit health

Rachelle renholmIndependent ReviewerExpertise in Aboriginal criminal justice

Shannon Waters, MD, MHSc, FRCPCDirector of Health SurveillanceFirst Nations & Inuit Health Branch

Health Canada

Tis report was co-led by the BC Ministry of Health Deputy Provincial Health Officers:Dr. Eric Young, and Dr. Evan Adams.

Evan Adams, MD, MPHDeputy Provincial Health OfficerOffice of the Provincial Health OfficerBC Ministry of Health

Eric Young, MD, MHSc, CCFP, FRCPDeputy Provincial Health OfficerOffice of the Provincial Health OfficerBC Ministry of Health

Project eam of this PHO Special Report:

Adrienne reloar- Project Manager, Managing EditorManager of Project Research Reporting InitiativesOffice of the Provincial Health Officer

BC Ministry of HealthLeanne Davies- Research and writingManager, Projects and Strategic InitiativesOffice of the Provincial Health OfficerBC Ministry of HealthBarb Callander- Copy editing and referencingManager, Projects and Strategic InitiativesPublic Health Planning and SurveillanceBC Ministry of Health

Wendy Vander Kuyl- Data analysisResearch AssistantPublic Health Planning and SurveillanceBC Ministry of Health

Mike Pennock- Data analysisPopulation Health EpidemiologistPublic Health Planning and Surveillance

BC Ministry of Health

Kim Nuernberger- Data analysisConsultantBlue Torn Research and Analysis Group

Barb Miles - (Former) Managing Editor(Former Manager of Project Research Reporting Initiatives)Office of the Provincial Health OfficerBC Ministry of Health

im Anderson- Graphic Design

Alphabet Communications Ltd.Vancouver, BC

Te Provincial Health Officer would also like to recognize Betsy McKenziefor her work on the original draft of this report.


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Acknowledgements

xii Provincial Health Officers Special Report: Health, Crime, and Doing Time


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Executive Summary

xiv Provincial Health Officers Special Report: Health, Crime, and Doing Time

combination of these factors, and also howchallenges in interpreting and applyinglegislation and in implementing Aboriginaljustice programs have slowed progress inreducing related overrepresentation.

Te Aboriginal population in BC has a lower

health status overall than other BC residents,and the incarcerated population has a lowerhealth status overall than the non-incarceratedpopulation. With these two factors workingtogether, individuals who are both Aboriginaland incarcerated are an especially vulnerablepopulation. In fact, many incarceratedAboriginal people experience poorhealth, particularly in areas such as HIV/AIDS, hepatitis C, and mental health andproblematic substance use. BCs Aboriginalpopulation also has more challenges withsocio-economic and other factors thatcreate vulnerabilities both within socialdeterminants of health and risk factors forcrime. For example, Aboriginal offenders aremore likely to experience lower educationalachievement and higher unemploymentthan other offenders. Considering that thesocial determinants of health and risk andprotective factors for involvement in crimehave a compounding nature, Aboriginalchildren and youth are among the most

vulnerable for experiencing poor healthand having future involvement in crime.Tey have higher levels of unstable housing,family member involvement in crime,living in government care, and problematicsubstance use than other BC residents, all ofwhich are linked to increased risk for criminalinvolvement.

Te age distribution of the Aboriginalpopulation in BC also has the potential toincrease levels of Aboriginal incarceration.

While criminal inclination is not caused byage, incarceration rates are highest among thoseaged 20 to 34, and one can reasonably assumethat the more people aged 20 to 34 that arein a population, the greater the potential forhigher crime rates. A greater proportion of theAboriginal population are in the 0 to 19 and 20to 34 age groups compared to other residentsof BC. As the large cohort of Aboriginalpeople aged 0 to 19 moves into the 20 to 34

age group, there is a risk that the changingage distribution of Aboriginal people willincrease the current overrepresentation in theadult criminal justice system.

Based on evidence that the Aboriginalpopulation of BC has generally more

challenging experiences with the socialdeterminants of health, poorer health status,and higher rates of incarceration than otherresidents, this report demonstrates thatAboriginal people, particularly Aboriginalwomen, children, and youth, and those withmental health and/or substance use issues,are vulnerable populations that will likely bedisproportionately affected by the Safe Streetsand Communities Act. Changes introducedby the Act have the potential to overturnprogressive steps emphasizing reparation

and reconciliation for Aboriginal people inBC and Canada. Instead of recognizing thehistory and context of Aboriginal people,amendments introduced in the Act createcircumstances that will likely result in moreAboriginal youth and adults in correctionalcentres, and lower health status forAboriginal populations.

A holistic approach is needed to continueadvancing the health of Aboriginal people.

Tis holistic approach should recognize therelationship between health determinants,health status, and crime. Further, criminaljustice programs and legislation shouldbetter recognize the historical contextand unique circumstances of Aboriginaloffenders. Recommendations are providedin the concluding section of this report withthe intention of continuing to improvedeterminants of health and protective factorsfor involvement in crime, improve healthoutcomes, and reduce the ongoing high level

of incarceration among Aboriginal people inBC. Tese recommendations identify specificactions to support more collaboration,and shift the priority from punishment toprevention and diversion. Recommendationsalso include monitoring and evaluationof the direct and indirect impacts of theSafe Streets and Communities Acton healthdeterminants and the health status ofAboriginal people in BC.


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Introductio


Introduction

Historic discrimination and events havecreated systemic vulnerabilities and havenegatively impacted the social determinantsof health for Aboriginal people in BritishColumbia. Despite demonstrated resilience,the Aboriginal population experiences lower

health status than other residents in BCand is disproportionately represented incorrectional centres relative to percentage ofthe general population.

In the last 20 years, there have been manypositive changes to address these inequities,including work by the Royal Commissionon Aboriginal Peoples beginning in 1991,the New Relationshipagreed to by FirstNations and the Province of BC, and thesigning of the Transformative Change Accord

in 2005. Legislative changes have also beenintroduced in Canada to better acknowledgethe context and vulnerabilities of Aboriginaloffenders. As well, some improvements havebegun to be observed in health outcomes.

Te recent introduction of the Safe Streetsand Communities Act a raises a number ofobvious questions. Is the Act likely to havenegative effects on British Columbiansin general and Aboriginal people inparticular? Does the Act have the potentialto undermine recent achievements forAboriginal people in legislation andprogramming in the justice sector, andwill it have downstream implications for

Aboriginal health? Is the Act a step backwardfor Aboriginal people, with the likely resultof even higher rates of incarceration andlower related health status?

In light of the critical reviews that the

Act has received from civil libertarians,criminologists, and concerned organizations,the Provincial Health Officer determined toassess the possible impacts on the Aboriginalpopulation of BC. Tis special reportreviews the historical context and changingrelationship between Aboriginal people andgovernment, explores the representationof Aboriginal people in the criminaljustice system in BC, and examines theinterrelationship of the social determinantsof health and risk and protective factors for

involvement in crime. Tis report discusseshow the Safe Streets and Communities Actaffects the positive changes made overthe last 20 years in the health and justicesectors. Te report also outlines some ofthe potential impacts of the new Act onthe incarceration levels and health statusof Aboriginal people in BC, specificallythe new mandatory minimum sentencesintroduced and expanded in the Act, andchanges that may affect Aboriginal youth.Finally, recommendations are provided toaddress potential outcomes of the Act onAboriginal people and to bolster progress inthe health and justice sectors for Aboriginalpeople in BC.

a The full name of the Act isAn Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal

Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the

Immigration and Refugee Protection Act and o ther Acts.


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A Century of Change

2 Provincial Health Officers Special Report: Health, Crime, and Doing Time

A Century of Change

oday Canada is home to well over 1 millionAboriginal people from diverse and vibrantorigins who make up 3.8 per cent of the totalpopulation. In recent years, the Aboriginalpopulation in Canada grew nearly six timesfaster than other residents, from 799,010 in

1996 to 1,172,790 in 2006.

1

BC has the second largest Aboriginalpopulation in Canada, after Ontario. In2006, 196,075 Aboriginal people lived in BC,representing approximately 4.8 per cent ofthe total BC population. Of these individuals,129,580 identified as North American Indian(66.1 per cent), 59,445 identified as Mtis(30.3 per cent), 795 identified as Inuit (0.4per cent), and 6,255 identified with multipleor other groups (3.2 per cent).2

Te following section provides an overviewof terminology, and the history of Aboriginalpeople in BC, including changes thathave improved the relationship betweenAboriginal people and the Province of BC,and related commitments to improve thesocial determinants of health and the healthstatus of the Aboriginal population.

TerminologyAboriginal people are the descendants of theoriginal inhabitants of North America. Teterminology used to refer to the Indigenouspeople of Canada has varied over the years.Te Constitution Actrecognizes three groupsof Aboriginal people: Indian, Inuit, and Mtis.

Te term Indian is still used when referringto legislation or government statistics,

although First Nations has largely replacedIndian as the terminology preferred by manyAboriginal people in Canada. First Nationsrefers to both Status Indians and Non-StatusIndians. First Nations people are oftenmembers of a First Nation band or tribe.

Te term Status Indian refers to thosewho are entitled to receive the provisions ofthe Indian Act, while Non-Status Indiansare those who do not meet the criteria forregistration or who have chosen not to beregistered.

Te Inuit are a distinct population ofAboriginal people and are registered undera 1924 revision to the Indian Act. Teylive primarily in Nunavut, the Northwesterritories, and northern Labrador and

Quebec.

Te term Mtis consists of people of mixedFirst Nation and European ancestry whoidentify themselves as Mtis, distinct fromStatus Indian people, Inuit, and non-Aboriginal people. Most Mtis live inAlberta, Saskatchewan, or Manitoba. UnlikeStatus Indians and Inuit, Mtis people are notentitled to the provisions of the Indian Act.

Previously, Mtis and non-Status Aboriginal

people were not considered Indians in theConstitution Act. However, in January 2013,the Federal Court of Canada ruled that bothof these groups are now included underthe definition. Te federal government hasappealed this decision, and the implicationsof this ruling have yet to be determined.

While it is important to understand thehealth status and potential impacts of the


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A Century of Chang


Safe Streets and Communities Acton allAboriginal people (including Mtis, Statusand Non-Status Indians, and Inuit), data inthis report are limited to the definitions andmethodologies by which different agenciesand organizations collect information. SeeAppendix A for more information about

sources of primary data used in this report.

Brief History of Colonization

and Change in BC

Many complex and intersecting factors areresponsible for a lower socio-economic statusand consequent lower health status for theAboriginal population in BC. A long historyof colonization, discrimination, residential

schools, and other experiences have led toadverse, multigenerational implications forAboriginal people. Tese experiences are atthe root of inequities in the health and well-being of the Aboriginal population.

Disease, removal of land and resources,displacement, and the introduction offirearms and alcohol by European settlersand traders drastically reduced the numberof Aboriginal people who lived in what isnow Canada. In BC, the population fellfrom approximately 100,000 in 1835, to28,000 in 1885, and then to 23,000 by1929.3Over time, the federal governmentof Canada created laws that underminedthe traditions, culture, and language ofAboriginal people. Te Indian Actof 1876gave the Canadian government power andcontrol over registered Indians, criminalizingtraditional ceremonies and preventingoff-reserve travel without governmentpermission. Aboriginal people were often

excluded from participation in Canadasagricultural and industrial economies.

Te Indian residential school systemforcibly removed Aboriginal children fromtheir families and homes in an attemptto assimilate Aboriginal people into non-Aboriginal society. New laws in 1906 and1920 made it mandatory for Aboriginalchildren to attend residential school, and

parents who resisted could be punishedwith fines or imprisonment.4,5By 1930,three-quarters of children between the agesof seven and 15 were in residential schools.6In these schools, children were forbiddento speak their own languages, abuse wascommon, and the education provided was

of poor quality.7

Between 1857 and 1996,over 150,000 Aboriginal children attendedresidential schools.8Reports estimate thatapproximately 80,000 residential schoolsurvivors still live across Canada, and thatbetween 14,000 and 35,000 of them live inBC.5,9,10 Te legacy of residential schoolscontinues to affect communities, families,and individuals, despite the resiliencedemonstrated by Aboriginal people.According to a national report, almost half ofresidential school survivors living on reserve

in Canada report a negative impact on theirhealth and well-being, and 43 per cent ofsurvivors children living on reserve believethat their parents attendance at residentialschools negatively affected the parentingthey received.11

When residential schools began to close, adifferent approach to Aboriginal child welfarewas developed. In the 1960s, large numbersof Aboriginal children were removed from

their homes and placed in governmentcarea period of time referred to as the60s Scoop. Many of these children wereremoved from families who were loving andsupportive, although experiencing poverty,12and were placed in non-Aboriginal homes.13In the 1950s, only 1 per cent of children ingovernment care were Aboriginal, but by2006 this had increased to over 50 per cent.In the 1980s, after attention was drawn tothe trend of removing Aboriginal childrenfrom their homes, a moratorium was placed

on the adoption of Aboriginal children intonon-Aboriginal families.14Tis led to largenumbers of Aboriginal children in long-termfoster care with little hope of adoptionachild welfare approach that some have calledthe millennium scoop.14As a result, whileAboriginal home placements for Aboriginalchildren are still a priority, the BC Ministryof Children and Family Developmentestablished an exceptions committee to


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A Century of Change


review the placement of Aboriginal childrenin non-Aboriginal homes when Aboriginalhomes are not available.15,16

Despite the long-lasting negative impactsof residential schools and other systemicchallenges, the resilience of Aboriginal

people across Canada is evident in attemptsto overcome these challenges. For example,many survivors of residential schools havecommitted to sharing their stories, healing,relearning their languages, and gaining moreeducation.6

Tese historical events continue to havelasting implications for the Aboriginalpopulation of BC, and are important inunderstanding the persistent gaps betweenAboriginal people and other BC residents

in the social determinants of health and inhealth outcomes, as well as in understandingthe overrepresentation of Aboriginal peoplein the provincial and federal prison systems.

A Changing Relationship with

Government

Te last 20 years have seen numerous

steps towards addressing the complexrelationship between Aboriginal people andthe governments of Canada and BC. In1991, the Royal Commission on AboriginalPeoples began its work investigating therelationship between Aboriginal people,Canadian society, and government. In1996, the Commission concluded that theCanadian criminal justice system has failedthe Aboriginal peoples of CanadaFirstNations, Inuit and Mtis people, on-reserveand off-reserve, urban and ruralin all

territorial and governmental jurisdictions.17Te main reason for this failure cited by theCommission was the different perspectivesof Aboriginal and non-Aboriginal peopleregarding topics such as justice and how it isachieved.17

In March 2005, the Province of BC and FirstNations leaders agreed to a New Relationshipguided by principles of trust, recognition,and respect for Aboriginal rights and title.In November 2005, the Province of BC,the First Nations Leadership Council,and the Government of Canada signed

the Transformative Change Accord. Withthe signing of this Accord, an agreementwas reached to improve socio-economicoutcomes for First Nations people, and closethe gaps in education, health, housing, andeconomic opportunities over the next10 years.

In 2006, the Indian Residential SchoolsSettlement Agreement was reached and wasthe largest class action settlement in Canadianhistory. It included the establishment of the

ruth and Reconciliation Commissionbandthe Common Experience Payment, whichprovides payment to eligible students whoattended residential schools.18In 2008, thePrime Minister offered a full apology on behalfof Canadians for the history and impact ofIndian residential schools in Canada, statingthat the legacy has contributed to socialproblems that continue to exist in manycommunities today.19In 2010, the Canadiangovernment reversed a 2007 decision not to

endorse the United Nations Declaration onthe Rights of Indigenous Peoples. As the reasonfor this positive change, the governmentcited the Prime Ministers apology and notedthat there has been a shift in Canadasrelationship with First Nations, Inuit andMtis peoples.20

While more work is required, these havebeen promising steps in building a newrelationship between government andAboriginal people that recognizes the past

while working toward a more equitablefuture. Tese changes have built a foundationfor a reduction in the overall marginalizationof Aboriginal people, and for improvementsto the social determinants of health and thehealth and well-being of Aboriginal people.

b The Commissions mandate is to oversee a process that allows Indian residential school students and others affected by the

residential school legacy to share their experiences in a way that is both culturally appropriate and safe.


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A Century of Chang


Commitments to Address Health

Inequities

Changes in the relationship betweengovernment and First Nations have beenparalleled by changes in approaches toAboriginal health and well-being, with

greater emphasis on collaboration andpartnership, and on equity in health statusand access to health services.

In BC, there is not one universal ortraditional understanding of healthshared across all Aboriginal communities.Understandings of health reflect the vastdiversity of Aboriginal cultures, languages,and traditions. However, most First Nationscommunities share a holistic view of healththat includes a healthy body, mind, and

spirit. Te traditional perspective of wellnessincludes a person who feels well physically,mentally, spiritually, and emotionally, andwho leads a healthy lifestyle. An importantcomponent of wellness is involvement intraditional practices and connection toculture. Maintaining wellness accordingto this model can be challenging for FirstNations in BC because of the harmful effectsof residential schools, drugs and alcohol, andother outside influences.21

In 2001, the BC Provincial Health Officer(PHO) issued a landmark report on thehealth and well-being of Aboriginal people,which highlighted significant gaps in healthoutcomes between Aboriginal and otherresidents and made recommendations toadvance the health of Aboriginal people inBC. In 2009, the PHO released anothercomprehensive report on Aboriginalhealth, entitled Pathways to Health andHealing: 2ndReport on the Health and

Well-being of Aboriginal People in BC. Tisreport indicated that while some progresshad been made in improving both thedeterminants of Aboriginal health statusand health outcomes, some significantgaps had persisted since the 2001 report.Analyses included both the socio-economic

determinants of health (e.g., unemployment,income, education) and health outcomes(e.g., life expectancy, mortality, HIV/AIDS, suicide). Among the 57 indicators

that were compared to identify potentialprogress between 2001 and 2006, 18 showedimprovement, 10 worsened, and theremainder showed either no change orfluctuation without a clear trend.

In 2006, First Nations and the provincebuilt upon the Transformative ChangeAccordwith the bilateral First Nations HealthPlan. Tis plan was strengthened by theFirst Nations Health Plan Memorandum of

Understanding(November 2006) and thenthe Tripartite First Nations Health Plan(FNHP) (June 2007).cTe FNHPidentified priority actions to close the healthgap between First Nations and other BCresidents. It established 36 specific actions infour areas, with seven performance indicatorsand five targets for narrowing health gaps by2015. In October 2012, the PHO releasedan interim report on the five targets (lifeexpectancy at birth, mortality rate, StatusIndian youth suicide rate, infant mortality

rate, and diabetes prevalence). Results of thatinterim report indicated that some progresshas been made in reducing gaps, but thatmore work was required.

One of the health actions identified inthe FNHP was the development of a

c The Tripartite partners are First Nations (represented by the First Nations Health Council and the First Nations Health Authority),

the Government of Canada, and the Province of BC.


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A Century of Change


tripartite plan to address First Nations andAboriginal mental wellness and substanceuse in BC. Currently, tripartite partners andrepresentatives of health authorities, theBC Association of Aboriginal FriendshipCentres, and Mtis Nation BC, are workingtogether on the development of a new

plan, the BC First Nations and AboriginalMental Wellness and Substance Use Plan. Tevision and guiding principles for this planemphasize a holistic and community-basedpopulation health approach for First Nationsand Aboriginal people and communities inthe areas of mental wellness promotion andproblematic substance use reduction. Tisplan will be developed using BCs currentmental health and substance use plan,Healthy Minds, Healthy People: A Ten-YearPlan to Address Mental Health and SubstanceUse in British Columbia, as a foundation.

While these achievements in the healthsector have already begun to generateimprovements, governments and Aboriginalcommunities continue to work to advancethe health and well-being of Aboriginalpeople. One of the strengths of this work isits context within a new era of reconciliationand collaboration between government andAboriginal people.

Changes in the Justice SectorOver the last 20 years, changes to thecriminal justice system have attempted toaddress the history of Aboriginal peoplein Canada and improve the relationshipbetween Aboriginal people and the justice

system. Legislation and specialized Aboriginalprograms in both the federal and provincialsystems have created opportunities to addresssome of the systemic and historical challengesthat Aboriginal people face.

Aboriginal Offenders and the CriminalCode

In 1996, Parliament added sub-section718.2(e) to the Criminal Code, whichrequires that judges consider all possibleappropriate penalties prior to choosingincarceration, particularly in the case ofAboriginal offenders.22Te Supreme Courtof Canada provided its first interpretationof sub-section 718.2(e) in the R. v. Gladuedecision in 1999, stating that this sub-sectionis intended to address the overrepresentationof the Aboriginal population in prisons.Te Supreme Court also concluded thatjudges should acknowledge background andsystemic factors that affect Aboriginal people,

and that restorative sentencing is a priority inAboriginal cultures.23

Te Supreme Court of Canada provided itsmost recent interpretation of sub-section718.2(e) in the R. v. Ipeeleedecision in 2012.Tis interpretation acknowledged the uniquecircumstances of Aboriginal offenders, andstated that if current sentencing does notdeter criminal behaviour or rehabilitateoffenders, then the sentences must bechanged to suit the needs of the offendersand their communities. Te R. v. Ipeeleedecision also recognized that sanctions areonly just when they are not discriminatory,and that sentencing judges are in aposition to evaluate whether sentencingpractices are contributing to systemic racialdiscrimination.24

In 1996, Parliament added sub-section 718.2(e) to theCriminal Code, which requires that judges consider allpossible appropriate penalties prior to choosing incarceration,particularly in the case of Aboriginal offenders.


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A Century of Chang


Aboriginal Justice Strategy

In 1991, the federal government launchedthe Aboriginal Justice Initiative, later knownas the Aboriginal Justice Strategy, to providesupport for pilot community-based justiceprograms throughout Canada. Tese

programs include diversion programs,d

mediation, community participation inoffender sentencing, and other restorativejustice practices.25Tis national strategywas renewed in 2008 with $40 millionin additional federal funding until 2012,bringing the total federal investment to$85 million.26In 2012, the Strategy wasrenewed for one more year,25and nowsupports 275 community-based alternativejustice strategies in over 600 communitiesacross Canada.25

Te Strategy allows Aboriginal communitiesto be more involved in local administrationof justice. It is intended to representAboriginal peoples perspectives and valuesin the justice system, and produce outcomesincluding lower rates of crime, victimization,and incarceration among Aboriginalpeople. Dispute resolution programs underthe Aboriginal Justice Strategy in BC arebased on a restorative justice process. Te

traditional criminal justice system in Canadais based on retribution, punishment, andrehabilitation. Restorative justice worksalongside the traditional criminal justicesystem27while drawing on Aboriginal modelsof justice focusing on collective healing.Restorative justice processes emphasizethe relationship between the person whocommitted the crime, the victim, families,and the community.e,28,29Evaluations of therestorative justice approach show highlevels of satisfaction for the offender as well

as the victim.28

BC has 30 community-based programs thatare cost-shared under the federal AboriginalJustice Strategy.30Tese programs provideservices ranging from court diversion tothe reintegration of Aboriginal people into

their communities after release.30Te mostrecent national evaluation of the AboriginalJustice Strategy by the Department of JusticeCanada found that community-based justiceprograms contribute to safer and healthiercommunities. Four years after programcompletion, only 24.8 per cent of programparticipants had re-offended, comparedto 39.1 per cent of the non-participatingcomparison group.31

Other Aboriginal Justice Programs

BC and Canada support many otherprograms that aim to address the needsof Aboriginal populations involved in thecriminal justice system. BC Correctionssupports the Native Courtworker andCounselling Association of BritishColumbia, which provides services in28 communities, covering 74 per cent ofprovincial courthouses and VancouversDowntown Community Court.32Tis

association provides Aboriginal offenders

d Diversion programs are forms of sentencing that keep offenders out of the court system (e.g., completion of educational

programs or community service).e Some types of restorative justice programs include victim-offender mediation, healing circles, community justice forums, and

sentencing circles. Often in restorative justice, victims are able to meet the person who committed the crime, and the offender is

given the chance to try to repair any damage.


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A Century of Change


with guidance, support, advice, and referralsat all stages of contact with the criminaljustice system.33

Te Correctional Service of Canada(CSC) has numerous programs designedspecifically for Aboriginal offenders in

federal custody. Healing lodges provideprograms and services to Aboriginal federaloffenders with an emphasis on Aboriginalpeoples beliefs and traditions, and a focuson preparation for release.34Te AboriginalOffender Substance Abuse Program is anintensive, holistic, and culturally-basedprogram intended to reduce the risk forsubstance abuse relapse. An evaluation ofthis program found that it was effective inpreventing relapse once offenders had beenreleased into the community, and programparticipants were less likely to re-offend.35

Te Pathways Unit program was introducedas a pilot project in 2000 to providea traditional environment within CSCinstitutions for Aboriginal offendersdedicated to following a traditional healingpath.36 Pathways Units are residential unitsthat support First Nations, Mtis, and Inuit

offenders through cultural connections andactivities such as traditional ceremonies andcounsel from Aboriginal Elders. Accordingto CSC, Pathways Units, like other culturallyrelevant CSC initiatives, have demonstratedpositive outcomes:

Aboriginal offenders who participatedin Pathways units had a significantlylower rate of reoffending after release(17% compared to 35% for Aboriginaloffenders who have not resided on thoseunits). Tese units are also proving to be

safer environments for CSC staff and forAboriginal offenders, with lower rates ofviolent incidents and detected drug use.36

Other programs in the federal systeminclude, but are not limited to, developmentof an Aboriginal workforce in the correctionssystem; Aboriginal-specific training forcorrections staff; creation of a role for Eldersin the rehabilitation process; incorporationof traditional Aboriginal practices intorehabilitation; skills development and

healing programs for Aboriginal offenders;and support for communities, families, andAboriginal organizations.37

Overall, these changing relationships andnew commitments show that despite morethan a century of marginalization andvulnerability for the Aboriginal population,improvements are underway to reconcileAboriginal rights and entitlement, forge moreequitable relationships between Aboriginal

peoples and government, reduce gaps indeterminants of health and health status,recognize the unique challenges of Aboriginalpeople within the justice sector, and provideunique, culturally appropriate interventions.


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The Safe Streets and Communities Ac


The Safe Streets and

Communities Act

Canadian Law and the

Administration of Justice

Criminal offences in Canada are definedby the Criminal Codeand other federalacts, including the Controlled Drugs andSubstances Act, and the Youth CriminalJustice Act. While these are federal acts, allcriminal court cases in Canada are handledin the provincial/territorial court systems. InBC, over 95 per cent of criminal trials areheld in the BC Provincial Court, with theremainder held in the BC Supreme Court.38Most criminal cases only go to the federalcourt system when an individual wishes toappeal the decision made in their case andafter all appeal options have been exhausted

within the provincial jurisdiction. TeSupreme Court of Canada is the final courtof appeal in Canada, and hears appeals fromall provincial and territorial courts.

Correctional services are provided by both

the federal government and provincial/

territorial governments. Te Correctional

Service of Canada is responsible for adults

who are sentenced to custody for two years

or more. BC Corrections is responsible for

adults sentenced to less than two years,

remand, and community-based sentences.

Most youth aged 12 to 17 are prosecuted

under the Youth Criminal Justice Act. Youth

who are sentenced to custody are held in one

of three youth custody centres located in BC.

Tese centres are managed by the Ministry

of Children and Family Development. Youthunder age 12 cannot be prosecuted under theformal criminal justice system.

Te new Safe Streets and Communities Act

(former Bill C-10) received Royal Assentfon

March 13, 2012, and has been coming intoforce over the past year.39Tis omnibus Act

included changes to many federal acts, as

seen in its full title:An Act to enact the Justice

for Victims of Terrorism Act and to amend

the State Immunity Act, the Criminal Code,

the Controlled Drugs and Substances Act, the

Corrections and Conditional Release Act, the

Youth Criminal Justice Act, the Immigration

and Refugee Protection Act and other Acts.

Te following section provides an overviewof the intention of the new Safe Streets andCommunities Act (SSCA) and some of thechanges introduced in the Act, with a focuson those regarding mandatory minimumsentences and changes that impact youngoffenders. It also outlines some of thecriticisms raised in opposition to Bill C-10and the Act.

Intention of theSafe Streets and

Communities Act

Te SSCA groups together nine bills thathad been developed separately but not passedduring previous sessions of Parliament (fora complete list of bills incorporated into the

f Royal Assent is the final stage of the legislative process in which the Governor General of Canada gives assent on behalf of the

monarch to bills that have been passed by Parliament and the Senate.


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The Safe Streets and Communities Act


Act, see Appendix B). It includes one newpiece of legislation and amendments to nineexisting pieces of legislation.

According to the Department of JusticeCanada, the federal government introducedthe SSCA in September 2011 to fulfill

its commitment to move quickly toreintroduce comprehensive law-and-orderlegislation to combat crime and terrorism.40Te Act includes amendments to criminallaws that are intended to make communitiessafer in three ways:

extending greater protection to the mostvulnerable members of society, as well asvictims of terrorism;

further enhancing the ability of Canadas

justice system to hold offendersaccountable for their actions; and

helping improve the safety and security ofall Canadians.40

Despite these intended benefits, many concernshave been raised about the implications ofthe changes the SSCA introduces, and theirpotential impacts on vulnerable populations,including Aboriginal people.

Changes Introduced throughthe Act

Te SSCA consists of five parts andintroduces a wide variety of changes. Manyof these changes focus on more severepenalties, such as more incarceration andlonger sentences for offenders. For example,the Act includes an expanded list ofoffences under the Criminal Codefor whichconditional sentencesgare not available.41It

also authorizes police to arrest individualswho appear to be breaking their releaseconditions, without a warrant.42

Parts 2 and 4 of the Act have been thesubject of much controversy and opposition.

Part 2 amends the Criminal Codeand theControlled Drugs and Substances Act (CDSA).Tese changes include introducing newmandatory minimum sentencing (MMS) fordrug offences, increasing existing mandatoryminimum sentences, and increasingmaximum penalties for certain offences.

Part 4 amends the Youth Criminal JusticeAct (YCJA). Tere are many changes to theYCJA, such as the addition of denunciationand deterrence as sentencing principles, andbroader rules to facilitate keeping youth incustody prior to sentencing.

Mandatory Minimum Sentencing

One of the most controversial changes in theSSCA is the introduction and expansion ofMMS. MMS aims to reduce disparities in

sentencing among offenders. It does so byreducing the discretion employed by justiceofficials, such as sentencing judges, throughpredefined legislated minimum sentences.Tis includes mandated incarceration forminor and non-violent offences.

Mandatory minimum sentences were addedto the CDSA for drug offences, includingproduction, trafficking, and possession forthe purpose of trafficking, importing and

exporting. Tese changes apply to drugsidentified in Schedule 1 (e.g., heroin, cocaine,methamphetamine) and Schedule 2(e.g., marijuana) of the CDSA. Tese changesalso increase the maximum penalty for theproduction of marijuana from 7 to 14 years,and add more drugs to Schedule 1(e.g., date-rape drugs and amphetaminedrugs), resulting in higher maximum penaltiesfor crimes involving these drugs. Te SSCAallows for suspension of a sentence whilean offender completes a drug treatment

program approved by the province under thesupervision of the court, or a drug treatmentcourt program approved by the AttorneyGeneral. Te court may impose a suspendedor reduced sentence if the offender completesthe approved program.

g Conditional sentences are less than two years and served in the community. They were introduced in Canada in 1996 to support

restorative justice and address overreliance on incarceration.


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1Provincial Health Officers Special Report: Health, Crime, and Doing Time

Mandatory minimum sentences withinthe CDSA range in length, based on theoffence committed and related factors. Forexample, the mandatory minimum sentencefor possession of marijuana is six months ifthe person is in possession of more than fiveplants (and less than 201) that are intended

for use in trafficking. However, if certainhealth and safety factors are present (e.g., thecommission of the crime posed a threat tothe safety, health, or security of an individualunder the age of 18), the mandatoryminimum sentence increases to ninemonths. Section 5(3)(a) of the CDSA makestrafficking other substances an indictableoffence, with a maximum punishment ofimprisonment for life.42

Te Department of Justice Canada has noted

that MMS would generally apply whenthere is an aggravating factor involved.Aggravating factors include a variety ofcontextual circumstances identified in theAct, such as offences that involved the useor threat of a weapon, were committed bysomeone who has been convicted in thepast 10 years of a serious drug offence,or involved property that belonged to athird party.43For example, for some drug-trafficking offences, an MMS of one year

applies if any aggravating factors are present,which can include committing the crime forthe purpose of organized crime, or carrying,threatening with, or using a weapon whencommitting a crime.42In effect, MMSrequires justice officials to address thecontext of the offence, rather than thecontext of the offender.

Changes Affecting Youth

Other areas of controversy include

amendments to the YCJA introduced withthe SSCA. Under the SSCA, police arerequired to keep a record of all extrajudicialsanctions that do not involve formalor official actions, such as cautions andwarnings given to youth. Te purpose ofthis documentation is to keep a record ofyouths criminal histories. Te SSCA alsoallows these extrajudicial sanctions to beused instead of, or in addition to, findings

of guilt, as a reason to sentence youth to acustody centre. Tis creates more chances tosentence young offenders into custody. TeSSCA also expands the definition of violentoffence beyond an offence in which a youngperson causes, attempts to cause, or threatensto cause, bodily harm. It now includes

offences where a young persons behaviourposed a risk to others, even if it was notintentional and did not result in an injury.Additionally, the Act expands the number ofreasons why youth would be held in custodybefore they are sentenced.40,42

For youth who are sentenced, penaltiescan now be more serious. Te SSCA nowrequires the Crown prosecutor to consider anadult sentence when a youth 14 years of ageor older is found guilty of a serious violent

offence. Te Act also adds denunciationand deterrence as sentencing principles withthe goals of (1) reflecting general societaldisapproval of the crime within the sentence,and (2) deterring youth from committingcrimes through threat of more severesentences. Previously, the YCJA was whollyfocussed on accountability, rehabilitation,public safety, and penalties that suit theseriousness of the crime. Te new principlesof denunciation and deterrence are more

similar to those in the adultcriminal justice system.40,42

Other changes to the YCJAintroduced with the SSCAallow the court to considerlifting the publication banon names of youth who areconvicted and sentenced ifthe Crown sought an adultsentence and a youth sentencewas imposed instead. Prior to

these changes, the publicationban of a young offenders namewas lifted only if an adultsentence was imposed.40,42

Overall, these changes create agreater focus on penalization,deterrence, and denunciation,resulting in a movement awayfrom rehabilitation. Further,


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the changes imposed by the Act create agreater likelihood that youth will serve adultsentences and be publicly identified by name.

Criticisms of the Act

Te SSCA has been criticized by manysectors, including the health, legal, andpolitical sectors, and by Aboriginalcommunities. Some organizations prepareddetailed submissions to the StandingCommittee on Justice and Human Rightsor appeared as witnesses to the SenateCommittee on Legal and ConstitutionalAffairs to express concerns about theAct.hMany of these concerns were alsosubmitted during the reviews of theoriginal individual bills.

Te Canadian Bar Association criticized themethod in which the Act was put forward.Tey believe that bundling criminal justiceinitiatives that are unique and distinct intoone bill is unsuitable and does not align withCanadas democratic process. Further, theAssociation pointed out that other than theexception concerning drug treatment courts,the Act does not include what is termed asafety valvea legislative exception thatwould permit judges to consider personal

circumstances such as mental illness or fetalalcohol spectrum disorderi,44when applyingmandatory minimum sentences. A safetyvalve is an international standard that existsin many countries, including the UnitedStates, the United Kingdom, and Australia.45A November 2011 brief by the CanadianBar Association, 10 Reasons to OpposeBill C-10, argued that the SSCA (thenknown as Bill C-10) ...represents a hugestep backwards and prioritizes retribution

above public safety. Te brief projected thatmore young Canadians will spend months incustodial centres before trial, judges will beforced to incarcerate people whose offences

and circumstances do not warrant timein custody, and the overrepresentation ofAboriginal people in correctional institutionsin Canada will worsen.46

Te BC Representative for Children andYouth has also expressed concern with the

Act, and responded to amendments to theYCJA. Te Representative argues that thereis substantial consensus that the followingstrategies would further reduce youth crime:

Strong supports for mothers-to-beand young children, to develop healthy,resilient and responsible children andyouth.

Measured responses for early and rstoffenders, requiring accountability and

nurturing pro-social relationships andbehaviour.

Robust interventions with high-riskoffenders, to assertively manage theirrisk, in secure settings if necessary,while providing treatment with the bestprospects of success.47

Several First Nations organizations andbodies have also voiced opposition to theAct. Grand Chief Doug Kelly and the FirstNations Health Council (FNHC) declared

their concern and opposition to Bill C-10,specifically MMS, since mandatory sentencescan increase levels of incarceration of low-level offenders, who in Canada are often FirstNations individuals. FNHC advocates forthe allocation of resources for prevention,rather than penalties, for a greater impact oncrime reduction and a more positive effecton communities.48In a submission to theCommons Standing Committee regardingBill C-10, the Assembly of First Nations

argued that the Act is contrary to a FirstNations perspective on justice, which focusesmore on rehabilitation and restoration forthe victims of crime.49

h These two committees reviewed the legislation before it was passed into law, and made recommendations for changes,

inclusions, and exclusions to the Act.i Fetal alcohol spectrum disorder (FASD) refers to a range of harms associated with the maternal consumption of alcohol during

pregnancy. Disabilities associated with FASD include behavioural problems, physical disabilities, and cognitive/neurological

impairments.


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Other concerns and opposition havesimilarly focused on the MMS componentsof the Act. Research has shown thatimprisonment and longer sentences do notact as crime deterrents or reduce recidivism.A review by the federal government of50 North American studies found that

low-risk offenders with increased sentencelength were slightly more likely than high-risk offenders to commit new offences,suggesting that imprisonment and longersentences can actually increase crime.50Another study found that severe mandatoryminimum sentences are least effective inrelation to drug crime, as they do not addressother key aspects of drug crime, such as drugconsumption.51Furthermore, according to astudy released in November 2012, the SSCAhas the potential to increase overcrowding,

increase costs, increase numbers of youngpeople in prison, increase time spent inprison, and increase time spent in isolation.Te researchers explain that by incarceratingpeople, exposing them to an increasedpotential for violence, and keeping them inprison longer, the system will further fosteran environment of mental, emotional, andphysical degradation.52

Members of the health community and

researchers at the University of BritishColumbia (UBC), McGill University, theBC Centre for Disease Control, and theCollaborating Centre for Prison Healthand Education, sent a brief to Membersof Parliament providing an overview ofthe negative health implications of BillC-10. One of their recommendations wasfor Parliament to not implement new orextended MMS for criminal activities. Teynoted that the majority of these activitiesare non-violent and/or result from disease,

such as drug addiction or mental illness.Tey recommended a proactive (notreactive) approach to crime, with a focuson health promotion, and the allowanceof the judicial system to exercise discretionin dealing with individuals. Tey furtheridentified Aboriginal people, women andtheir children, youth, the mentally ill, andthe elderly, as sub-populations who are

particularly vulnerable to the negative healthimplications of Bill C-10.53

Similar to this brief, a paper written inresponse to the Act from the CollaboratingCentre for Prison Health and Educationat UBC explains that the Act does not

adequately address the social determinantsof health and crime. Strategies focusing onprevention of criminal behaviour, as opposedto policing and incarcerating youth, wouldhave more positive impacts on health, crimerates, and society.54

An editorial in the Globe and MailonJune 9, 2012, criticized the SSCA byhighlighting the potential effects thatincreased numbers of incarcerated Aboriginalpeople would have on reported statistics of

non-incarcerated people. Te author used theAmerican example of the Sentencing Reform Act(1984) to show that sticking a countrys socialproblems in a box does not make them goaway as prison populations are not includedin national statistics such as unemployment,high-school dropout rates, and the gaps inemployment and wages.55Similarly, statisticsrepresenting social and economic indicatorsand the health status of Aboriginal peoplein Canada and BC may appear to improve

following the implementation of the Act.However, these statistics may be misleadingsince they will exclude incarcerated Aboriginalpeople, who are more likely to have lowerlevels of education and employment, and morehealth concerns than other BC residents (theseindicators will be discussed in more detail laterin this report).

Overall, the changes introduced in theSSCA related to MMS and young offendersput greater emphasis on punishment and

incarceration, focus less on rehabilitation,and create less opportunity for considerationof an individuals personal health andcultural context during sentencing. Teselection of criticisms outlined abovehighlight some of the potential negativeimplications of the Act for all Canadians,and show how the greatest harmful impactswill likely be experienced by vulnerable


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populations who have lower socio-economicstatus, lower health status, and/or existingmental health and substance use issues,or who already have higher rates ofincarceration. Tese variables, combinedwith the apparent conflict of the MMScomponents of the Act with sub-section

718.2(e) of the Criminal Codeand related

Changes introduced in the SafeStreets and Communities Actrelated to mandatory minimum

sentencing and young offenders putgreater emphasis on punishmentand incarceration, focus less onrehabilitation, and create lessopportunity for consideration ofan individuals personal health andcultural context during sentencing.

case law, requiring consideration of allpossible appropriate penalties prior tochoosing incarcerationparticularly forAboriginal offendersput Aboriginal peopleat particularly high risk for greater levels ofincarceration, and associated outcomes suchas challenges with social determinants of

health and poorer health status.


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The Incarceration of Aboriginal People in B


As described earlier in this report, the last20 years have brought many positive changesin the relationship between Aboriginalpeople and the Canadian criminal justice

system. Changes to legislation and new orrevised programs have created opportunitiesto address some of the unique challengesfacing Aboriginal people. Despite thesedevelopments, Aboriginal people areoverrepresented in BC custody centrescompared to their proportion of the generalpopulation of BC, and this issue hasworsened in recent years.

While Aboriginal people make up a relatively

small proportion of the population ofCanada (3.8 per cent)1and BC(4.8 per cent),2they represent a substantialproportion of the incarcerated populationsin both the federal and provincial systems.Tere are also differences between Aboriginaloffenders and other offenders for type ofoffences committed, rates of parole, andlength of sentencing.

Te following section looks at the currentrates of incarceration of Aboriginal adults

and youth compared to other BC residents,and explores the overrepresentation ofAboriginal people in custody and possiblereasons for the overrepresentation.

Incarceration Levels of

Aboriginal Adults

In Canada in 2010, approximately163,229 adults were either in some formof custody (38,219) or in communitycorrectional programs (125,010).56Ofthese individuals, 24,461 were in provincialor territorial custody, and 117,825 werein provincial or territorial programs.56Approximately 13,758 offenders were infederal custody, while 7,185 were underfederal community supervision.56In

2008/2009, Aboriginal offenders represented20 per cent of offenders in federal custody.57

Overall, crime in Canada has been decreasingover the past 20 years. In 2011, 2 millionCriminal Code offences were reported bypolice, down approximately 110,000 from2010.58In BC, the overall crime ratejhasbeen decreasing for eight years, and is at thelowest rate in almost 35 years. However, BChas the third highest crime rate in Canada,after Saskatchewan and Manitoba.59

In 2011/2012, about 2,634 adults were inBC provincial custody and 23,844 were inBC provincial community programs.32,60

The Incarceration of

Aboriginal People in BC

j Crime rate is the number of Criminal Codeoffences or crimes reported for every 1,000 people.


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The Incarceration of Aboriginal People in BC


Figure 1 illustrates the yearly counts of adultsadmitted into provincial correctional centresin BC from 2007 to 2011, comparingadmission of Aboriginal offenders to otheroffenders. As this figure shows, Aboriginal

adults are consistently overrepresented in thepercentage of admissions to BC correctionalcentres compared to their percentage ofthe larger BC population. Furthermore,the percentage of Aboriginal offendersadmitted is growing faster than the increasein percentage of the Aboriginal adultpopulation in BC. In 2011, 28.4 per centof the admissions to BC correctional centreswere Aboriginal people, an increase from22.9 per cent of admissions in 2007.

Te increase in the percentage of adultAboriginal admissions shown in Figure 1 isaccounted for in part by the 20.7 per centdecrease over time in the number of otheroffenders admitted (from 13,974 in 2007 to

Percentof

TotalAdmis

sions

Population Data

Notes: Non-census years extrapolated using Census data 2001 and 2006 (not shown). For more information about Statistics Canada data, see Appendix A.

Source:Statistics Canada Census data. Prepared by BC Stats, Ministry of Labour, Citizens' Services and Open Government, and by Public Health Planning and

Surveillance, Ministry of Health, January 2013.

Admission Count Data

Notes: "Aboriginal" includes combined CORNET categories "Aboriginal" and "Mtis." Those who self-identify as "unknown" ethnicity during BC Corrections

admissions are excluded. Yearly counts are calculated using monthly averages for the year. These data are accurate as of February 2013 but are subject to change

over time. For more information about BC Corrections data, see Appendix A.

Source: CORNET, BC Corrections Business Intelligence System, Ministry of Justice. Prepared by BC Corrections, Ministry of Justice, and by Public Health Planning

and Surveillance, Ministry of Health, February 2013.

Year

PercentofBCP

opulation

2007 2008 2009 2010 2011

% Admissions -Aboriginal Offenders 22.9 23.4 25.8 27.0 28.4

% Admissions - Other Offenders 77.1 76.6 74.2 73.0 71.6

Count -Aboriginal Offenders 4,142 4,217 4,182 4,258 4,393

Count - Other Offenders 13,972 13,819 11,997 11,535 11,082

% of BC Population -Aboriginal 4.9 5.0 5.1 5.2 5.3

% of BC Population -Other Residents 95.1 95.0 94.9 94.8 94.7

0

10

20

30

40

5060

70

80

90

100

0102030405060708090

100

Percentage of Adult Admissions to Provincial Custody Centres

and Adult Population, BC, 2007 to 2011

Figure 1k

11,082 in 2011), and by the 6.0 per centincrease in the number of Aboriginaloffenders admitted (from 4,146 in 2007to 4,394 in 2011). Te possibility thatthis increase in the number of Aboriginal

offenders relates to changes in the agedistribution of Aboriginal people in BC willbe explored later in this report.

Tis worsening trend of Aboriginaloverrepresentation is also occurring at anational level, and has been recognized bythe Office of the Correctional InvestigatorCanada in a progress report on Aboriginalcorrections in Canada.61In 1996/1997,Aboriginal people represented 15 per cent of

offenders in federal custody. Tis increasedto 20 per cent in 2008/2009.57If thefederal trends are not addressed, projectionssuggest that Aboriginal representation hasthe potential to reach 25 per cent of federaloffenders by 2020.62

k Due to a change in the business rules in 2007 at BC Corrections that impacted the definition of ethnicity categories, only data

after 2007 are presented and described in this report. For more information on these changes, see the discussion in sub-section

Data Collection and Reporting.


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Despite the overall worsening overrepresen-tation of Aboriginal people in correctionalcentres in relation to their percentage of thelarger BC population, admission rates forsome age categories for Aboriginal offend-ers have actually decreased over the last fiveyears. As shown in Figure 2, the admission

rate of Aboriginal people aged 18 to 34 (theage group with the highest incarceration rate)to BC correctional centres between 2007 and2011 decreased from 57.1 to 53.5 per 1,000population. While this presents an encouragingpicture, the rate of admission for Aboriginaloffenders in this age group in 2011 is stillmuch higher than the rate for Aboriginaloffenders aged 35+ (16.3 per 1,000) and therates for other offenders aged 18 to 34, and35+ (6.8 per 1,000 and 2.2 per 1,000).

According to BC Corrections intake dataof offenders in provincial institutions, there

are some differences in the most seriousoffences committed by Aboriginal andother offenders. Aboriginal offenders in2011/2012 had a greater percentage ofcrimes against the personl(49.6 per centof Aboriginal offenders and 37.4 per centof other offenders) and a lesser proportion

of crimes against property (24.5 per centof Aboriginal offenders and 30.0 per centof other offenders). Aboriginal offenderswere also less likely to be incarceratedin provincial institutions as a result of afederal statute (e.g., drug possession,drug trafficking, crimes under YCJA andother federal statutes) compared to otheroffenders (4.1 per cent compared to10.5 per cent). It is unknown if thelower incarceration levels resulting from afederal statute are due to diversion

programs available during the yearsanalyzed.60

Rate

per1,0

00

Year

Population DataNotes: Non-census years extrapolated using Census data 2001 and 2006 (not shown). For more information about Statistics Canada data, seeAppendix A.Source:Statistics Canada Census data. Prepared by BC Stats, Ministry of Labour, Citizens' Services and Open Government, and by Public Health Planning

and Surveillance, Ministry of Health, January 2013.

Admission Count Data

Notes: "Aboriginal" includes combined CORNET categories "Aboriginal" and "Mtis." Those who self-identify as "unknown" ethnicity during BCCorrections admissions are excluded. Yearly counts are calculated using monthly averages for the year. These data are accurate as of February 2013 butare subject to change over time. For more information about BC Corrections data, see Appendix A.Source: CORNET, BC Corrections Business Intelligence System, Ministry of Justice. Prepared by BC Corrections, Ministry of Justice, and by Public HealthPlanning and Surveillance, Ministry of Health, February 2013.

2007 2008 2009 2010 2011

Aboriginal Offenders Ages 18-34 57.1 54.1 53.7 52.6 53.5Aboriginal Offenders Ages 35+ 16.4 17.7 16.3 16.5 16.3

Other Offenders Ages 18-34 9.1 8.8 7.7 7.2 6.8

Other Offenders Ages 35+ 2.8 2.8 2.4 2.3 2.2

0

10

20

30

40

50

60

Admission Rate, Provincial Custody Centres,

Ages 18-34 and 35+, BC, 2007 to 2011

Figure 2

l Crimes against the person include homicide (murder), attempted murder, robbery, sexual assault, other sexual offences, major

assault, common assault, uttering threats, criminal harassment, etc.


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Aboriginal Women

According to a 2009 report by StatisticsCanada, women are more likely to beadmitted to provincial and territorial

facilities than federal facilities, and to beadmitted to community sentences than intocustody.63A report by the Canadian Centrefor Justice Statistics determined that whilemen are more frequently sent to prison formost crimes, women were more likely thanmen to be sentenced to prison for charges ofprostitution and drug possession (32 per centcompared to 9 per cent for prostitution;26 per cent compared to 20 per cent fordrug possession).64

Te incarceration of women has additionalimpacts when the women are mothers.When children have mothers in prison,the children are more likely to have adestabilized life, move homes and schools,

and live in foster care. Further, they mayattempt to rationalize the criminal behaviourof their mothers and as a result, developdysfunctional perspectives regardingcriminal behaviour that the childrenthemselves may commit. When mothersare released from prison, they often have

challenges finding stable housing andemployment, and suffer from marginalizationand poverty. Tese elements can then berisk factors for their childrens potential laterinvolvement in crime.65

Figures 3 and 4 illustrate the proportion ofAboriginal adults and other adult residentsin the general BC population comparedto the proportion of adults incarcerated inBC correctional centres in 2006. Tese two

figures show that while Aboriginal malesincarcerated in BC are overrepresentedcompared to their proportion of the generalpopulation, the overrepresentation is evenmore pronounced for Aboriginal females.

Adult Male Population Data

Notes: "Adults" includes all individuals age 18+. For more information about Statistics Canada data, see Appendix A.

Source:Statistics Canada Census data. Prepared by BC Stats, Ministry of Labour, Citizens' Services and Open Government, and by Public Health Planning

and Surveillance, Ministry of Health, January 2013.

Male Admissions Data

Notes: "Aboriginal" includes combined CORNET categories "Aboriginal" and "Mtis." Those who self-identify as "unknown" ethnicity are excluded. Yearly

counts are calculated using monthly averages for the fiscal year. "Adults" includes all admissions for individuals age 18+. These data are accurate as of

February 2013 but are subject to change over time. For more information about BC Corrections data, see Appendix A.

Source: CORNET, BC Corrections Business Intelligence System, Ministry of Justice. Prepared by Public Health Planning and Surveillance, Ministry of

Health, February 2013

Proportion of BC Population and Average Custody

Centre Population, Adult Males, BC

Adult Male Population, 2006 Adult Males in Custody, 2006/2007

96.2%

3.8%

81.5%

18.5%

Aboriginal Residents

Other Residents

Aboriginal Offenders

Other Offenders

Figure 3


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According to data from BC Correctionsfor the last 13 years, Aboriginal femaleshave consistently made up a much greater

proportion of females in BC Correctionscentres than their proportion of the overallfemale population in BC.60Statistics Canada

data shows a similar trend of increasingoverrepresentation of females withinthe federal system, with the number of

Aboriginal females rising from 15 per cent offemales incarcerated in federal institutions in1997 to 25 per cent in 2006.64

Adult Female Population DataNotes: "Adults" includes all individuals age 18+. For more information about St atistics Canada data, see Appendix A.

Source:Statistics Canada Census data. Prepared by BC Stats, Ministry of Labour, Citizens' Services and Open Government, and by Public Health

Planning and Surveillance, Ministry of Health, January 2013.

Male Admissions Data

Notes: "Aboriginal" includes combined CORNET categories "Aboriginal" and "Mtis." Those who self-identify as "unknown" ethnicity are excluded.

Yearly counts are calculated using monthly averages for the fiscal year. "Adults" includes all admissions for individuals age 18+. These data are accurate

as of February 2013 but are subject to change over time. For more information about BC Corrections data, see Appendix A.Source: CORNET, BC Corrections Business Intelligence System, Ministry of Justice. Prepared by Public Health Planning and Surveillance, Ministry of

Health, February 2013.

Proportion of BC Population and Average Custody

Centre Population, Adult Females, BC

Adult Female Population, 2006 Adult Females in Custody, 2006/2007

95.9%

4.1%

73.6%

26.4%

Aboriginal Residents

Other Residents

Aboriginal Offenders

Other Offenders

Figure 4


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Aboriginal Youth

Rates for youth in custodymin BC havebeen falling in recent years. A 2009 jointspecial report by the BC Representative for

Children and Youth and the BC ProvincialHealth Officer entitled Kids, Crime andCare - Health and Well-Being of Children inCare: Youth Justice Experiences and Outcomesndiscussed this trend and drew attention topublic misconceptions about youth crimerates.66Tis report explained that whileyouth crime is actually decreasing, rare buthigh-profile violent offences committed bytroubled youth affect public perceptionsabout crime rates, and can lead people tobelieve that youth crime is more pervasive

than it actually is. Tis report found that theyouth crime rate in BC declined by 54 percent between 1991 and 2007.66Accordingto the Ministry of Children and FamilyDevelopment, the decline has continued,with the per capita youth crime ratedeclining by 59 per cent between 1991 and2010. Tey also report that the number ofyouth in custody has declined by75 per cent between 1995/1996and 2011/2012, from an average of

approximately 400 to an average of 105.67

Tese low numbers of youth in custody aresupported by the decrease in youth crimereported by the Ministry of Justice. Te rate ofyouth chargedodropped from 30.4 per 1,000youth population in 2002 to 14.1 per 1,000youth population in 2011.59In 2010, BChad the third lowest youth crime rate inCanada.67In fact, the rate for female youth

m Youth in custody refers to youth aged 12 to 17 who are held in open or secure custody. Youth found guilty of serious offences,

or youth with a pattern of offences are placed in secure custody. Youth who cannot be placed in a community setting but need

fewer controls are placed in open custody. Both are types of custody at correctional centres for youth, with secure custody

having more restrictions and controls than open custody.nThis report is the third in a series of three special joint reports released by the Representative for Children and Youth and the

Provincial Health Officer. The series examines the health and well-being of children in government care in BC, and each report

had a different focus. The first report, released in 2006, is entitledJoint Special Report: Health and Well-Being of Children in Care

in British Columbia: Report 1 on Health Services Utilization and Mortality. The second report, released in 2007, is entitledJoint

Special Report: Health and Well-Being of Children in Care in British Columbia: Educational Experience and Outcomes.oYouth charged with Criminal Codeoffences per 1,000 youth population aged 12 to 17.

in custody has dropped so much that thecustody centres underwent a redesign in early2012, focussing on female-oriented programsin Burnaby and reducing female services atother centres in BC.67

Despite these declining rates in overall youthcrime, the same decreases have not beenobserved among Aboriginal youth. As shownin Figure 5, in 2006/2007, when unknownethnicities are removed, Aboriginal youth

accounted for 37.6 per cent of admissions toopen and secure custody in BC.

Considering that in 2006, Aboriginalyouth made up 7.9 per cent of the totalBC population of youth aged 12 to 17,68Figure 5 demonstrates an overrepresentationof Aboriginal youth among BCs youngoffenders. Tis overrepresentation is alsoevident in pre-trial detention.


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Pre-trial detention is when yout

bc health potential impact of c10

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