Increase in Indigenous Prisoners, Trudeau's Decade-Long Legacy in Canada

The crisis of mass incarceration of Indigenous people in Canada has deepened during Justin Trudeau's term as prime minister; this is despite his promise to solve the crisis.

According to Reuters, when Canadian Prime Minister Justin Trudeau came to power a decade ago, he pledged to completely transform and renew relations between Canada and Indigenous peoples in these countries.

One of the promises of the Liberal Party, as Trudeau's party, was to eliminate the excessive number of Indigenous people in the country's prisons within 10 years. This situation has worsened significantly in Trudeau's final days in power.

Indigenous Canadians, who make up five percent of the country's population, account for one-third of Canada's federal prison population.

The high rate of incarceration of Indigenous people is a serious problem in a number of Western countries; according to the Prison Policy Initiative, Indigenous people in the United States are imprisoned twice as often as other people; in Australia, the rate of incarceration for Indigenous people is 15 times higher than for non-Indigenous people.

Interviews with 50 people involved in the Canadian criminal justice system, including lawyers, prison staff and former prisoners, show that they are critical of the imposition of post-release conditions on Indigenous people, their higher rates of parole denial, etc., and believe that these factors play a significant role in their increased incarceration rate.

At the same time, studies show that the number of Indigenous people in Canada who are placed under strict conditions after completing prison sentences has increased by about 53 per cent during the decade ending in 2023-2024.

Indigenous lawyers and advocates say that Indigenous people may be seen as more dangerous because of higher rates of poverty, instability, and untreated mental illness and disabilities; they may also be more likely to commit less violent crimes because of these factors.

Data shows that Indigenous people are more likely to be incarcerated at every stage of their encounter with the Canadian criminal justice system, and are more likely to be denied bail before trial; if convicted, Indigenous people are more likely to be incarcerated in high-security units, where there is limited access to rehabilitation programs that are a prerequisite for parole.

Canada’s Indigenous Affairs Minister said Canada has a problem with Indigenous incarceration, saying there is “enormous evidence” that shows systemic racism exists in correctional institutions and the criminal justice system, which often leads to the over-incarceration of Indigenous people.

She pointed to the government’s moves to eliminate some mandatory minimums and said the justice system should pay more attention to the health needs and social history of Indigenous offenders.

More than 30 lawyers, Indigenous advocates and judges said poverty and intergenerational harm — when devastating events that affect one person are passed down to their children and then snowball — are disproportionately affecting Indigenous people in Canada.

A Statistics Canada study released last month found that rates of physical and mental illness, economic hardship and homelessness are higher among Indigenous people who spent their childhoods in government care.

Indigenous children make up more than half of all children in care in Canada.