NCJ Number
114583
Date Published
1988
Length
54 pages
Annotation
Native offenders are an especially disadvantaged group in Canada: they are over-represented in the correctional system, and their proportion seems to be increasing; they have special problems and needs related to their social and cultural background; and they are reluctant to participate in programs run by non-Natives.
Abstract
Problems also are created by the low Native representation on correctional staffs and the parole board. The legal status of Aboriginal peoples also is unique, specified by treaty rights, constitutional and statutory provisions, and general rights accorded to minorities. Two approaches could operate to improve the situation of incarcerated Native offenders, while facilitating increased Native control of correctional services to Native offenders. Enabling legislation could transfer a significant degree of jurisdiction to Aboriginal communities or other organizations. Correctional services, parole, and aftercare could be provided in facilities operated by Aboriginal correctional authorities. In addition, amendments to existing correctional legislation governing all offenders could improve the situation of Native incarcerates, although this is a more limited approach. Under this scheme, significant consultation with Aboriginal authorities would be needed. Appendixes, 15 endnotes, and 44 references.