Outline
Title: How does the criminalization of
Indigenous Youth in Canada impact their communities’ economic self-sufficiently
and development
Thesis:
This paper will examine the criminalization of Indigenous
youth in Canada and its broader impact on the economic self-sufficiency and
development of their communities. Criminal records create systemic barriers,
particularly in housing, employment, education, and community engagement, which
prevent youth from contributing to their community’s economic growth. The
stigma attached to criminalization limits access to stable housing and job
opportunities, while cycles of incarceration disrupt educational attainment and
curtail participation in community initiatives. Addressing these issues
requires culturally grounded interventions, such as traditional circles and
community-led restorative justice programs. These interventions promote
healing, support social and cultural reconnection, and help reintegrate
Indigenous youth, enabling them to play an active role in local economic
development and break cycles of marginalization that weaken community vitality.
Background:
–
Historical injustices
o
The history of colonial policies such as
residential schools = contributed to socio-economic inequalities
o
Sixties Scoop and connection to the
overrepresentation of Indigenous children in care
§
The connection between RS and SS and higher
rates of substance use/crime = leads to increased incarceration rates.
–
Systemic Bias
o
Statistics of Indigenous vs non-Indigenous who
are incarcerated
o
R v Gladue and R v Peele
Legal Analysis:
PART 1: ECONOMIC DEVELOPMENT CHALLENGES FOR
IY DUE TO OVERREPRESENTATION IN THE CJS
1.
Systemic Barriers Arising from Criminal Record
a. Employment
Challenges
i.
Reluctant to hire
ii.
Fewer opportunities once involved with CJS
iii.
Restrictions on obtaining licenses for trade work, etc.
iv.
Many
employers hesitate to hire individuals with criminal backgrounds due to
societal stigma and misconceptions about the reliability and trustworthiness of
those with past convictions.
b. Housing
Barriers
i.
Stable housing is crucial for employment and economic
stability, but individuals with criminal records often face significant
obstacles in accessing housing.
ii.
Many housing programs and landlords are reluctant to rent
to individuals with criminal backgrounds, which creates a cycle of instability.
· Example: CMHC
(Canada Mortgage and Housing Corporation) guidelines for housing subsidies
often exclude individuals with criminal records, making it difficult for them
to secure housing. In Thunder Bay, this policy has left many Indigenous
individuals without a stable home, reducing their chances of securing
consistent employment.
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.cmhc-schl.gc.ca/sf/project/archive/publications/nhs/research_and_planning_fund_program/housing-and-justice-involvement-final-report_jhso-2024.pdf
c. Education
Challenges
i. Incarcerated
youth often experience interruptions in their education, making it difficult
for them to complete their schooling or access higher education. This lack of
educational attainment significantly affects their ability to find stable,
well-paying jobs after release.
·
Indigenous Youth: The Tragic Crisis of Crime
and Education in Canada
·
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://atrium.lib.uoguelph.ca/server/api/core/bitstreams/be363bb5-0a56-4ddd-8f87-612755c0208c/content
d. Financial
Barriers and Economic Exclusion
i.
Individuals with criminal records often struggle to
secure loans or funding to start businesses, limiting their entrepreneurial
potential. Financial institutions may view criminal backgrounds as a risk
factor, denying access to critical resources needed for economic
self-sufficiency.
2.
Legislative and Policy Barriers
a.
Criminal Records Act
i.
The Criminal Records Act presents long waiting
periods and high costs for record suspension, making it inaccessible for many
Indigenous individuals. These barriers prevent reintegration into society and
participation in economic activities.
PART 2: IMPACT ON COMMUNITY
ENGAGEMENT AND ECONOMIC PARTICIPATION
a.
Effect on Local Workplace and Economic
Growth
The overrepresentation of Indigenous youth in the criminal justice system
results in a diminished local workforce. The stigma associated with criminal
records prevents many from obtaining employment, leading to broader
implications for community economic development as businesses struggle to find
workers.
Interviews with community members indicated that the inability to secure
employment negatively affected the next
generation, as young people witnessed fewer role models in stable employment,
perpetuating a cycle of limited economic opportunities. The absence of economic
contributors had direct negative effects on funding for community projects,
education, and infrastructure.
·
Example: High rates of youth incarceration
have strained family structures in Attawapiskat. Economic instability makes it
difficult for families to support the educational needs of younger generations.
Interviews reveal that children in these families face higher levels of stress
and anxiety, negatively impacting their educational performance and overall
well-being.
o
Source:
https://planetinfocus.org/we-need-to-talk-about-attawapiskat-2/
·
Example: Due to the stigma associated with
criminal records, many young individuals with entrepreneurial skills leave the
Kitselas First Nation to seek opportunities elsewhere, resulting in a lack of
innovation and a diminished local workforce. This leads to long-term economic
stagnation and limits local development initiatives.
o
Source:
https://www.cbc.ca/news/indigenous/brain-drain-challenges-first-nation-communities-across-canada-1.2611029
PART 3: PROPOSED INTERVENTIONS FOR
STRENGTHENING ECONOMIC DEVELOPMENT
1. Restorative Justice
Restorative justice addresses systemic barriers to
employment and community engagement for Indigenous youth in the justice system,
promoting cultural and economic reintegration.
i.
Traditional Circles as Restorative Process:
- Rooted in Indigenous cultural
practices, traditional circles are essential tools for healing and
reintegration.
- They promote cultural and social
reconnection by allowing youth to learn traditional skills from elders,
which are often relevant to economic activities (e.g., hunting, fishing,
agriculture).
- Circles encourage leadership
development and collective decision-making, helping youth build
transferable skills for entrepreneurship and community-based projects.
- Traditional circles can also support
economic planning by fostering partnerships between criminal justice
organizations and Indigenous-run businesses to provide job placements for
at-risk youth.
- Example: In British Columbia,
the First Nations Court, which incorporates traditional Indigenous
practices such as circle sentencing, focuses on healing rather than
punishment. This approach helps reintegrate Indigenous youth by
promoting cultural identity, respect, and accountability, which are
crucial for long-term economic self-sufficiency.
- Example: The Witset First Nation is implementing an intervention
circle to provide culturally appropriate supports for people at risk of
entering the justice system and help build a stronger, safer and
healthier community.
- Example: Hollow Water First
Nation’s Healing Approach: This program uses
accountability circles to support offenders and victims, focusing on
long-term reintegration and healing within the community.
- Rehabilitation and
Economic Opportunity:
- Restorative justice programs offer
vocational training and internships that help Indigenous youth acquire
job skills and reintegrate into their communities.
- Youth involved in restorative justice
initiatives can participate in community-focused economic projects that
build self-reliance and long-term employability.
·
Example: The Tsuu T’ina Peacemaking Court uses
restorative justice to help reintegrate individuals back into society and
mitigate these systemic issues.
·
Source: https://gladue.usask.ca/node/6664
2.
Community-Led Diversion Programs
Thesis Connection: Community-led diversion programs provide an alternative
to the criminal justice system and integrate cultural elements, keeping youth
connected to their traditions while fostering economic potential.
Targeted Youth Diversion Programs:
- Programs specifically designed to
keep Indigenous youth out of the criminal justice system by focusing on
cultural education, traditional ceremonies, and skills training.
- Elders can partner with
organizations to design these programs, helping youth learn skills
relevant to their communities’ economic and governance structures.
- Diversion programs integrate
cultural reconnection as a rehabilitative tool. Examples include time
spent with Elders on the land or learning about Indigenous governance
systems.
- Example: Mi’kmaw Legal Support
Network (Nova Scotia):
The Mi’kmaw Legal Support Network in Nova Scotia combines restorative
justice with job skills training. The network works with youth to reduce
recidivism by providing them with opportunities to gain skills in fields
like carpentry, food preparation, and cultural tourism.
- Source: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://cplc2018.wordpress.com/wp-content/uploads/2018/09/mlsn.pdf
- Example :Neechi Commons
Cooperative (Winnipeg):
This initiative partners with local First Nations to provide training
and employment opportunities for Indigenous youth, including those with
criminal records. Through meaningful employment, these youth contribute
to community economic development while also building their own
self-reliance.
- Source: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.uwinnipeg.ca/cooperative-enterprises/docs/The%20cooperative%20model%20advances%20indigenous%20development%20-%20Neechi%20Commons%20case%20study.pdf
- Example: The Anish Corporation in Ontario offers job skills
training and workshops
PART 4: CHALLENGES AND
BARRIERS
- Stigmatization and Societal Attitudes
- Enduring Stigmas: Societal attitudes towards
criminality, especially concerning Indigenous individuals, create
significant hurdles. Negative perceptions can discourage community
participation in initiatives aimed at healing and reintegration.
- Community Division: The tension between community
members who support reintegration efforts and those who oppose it can
lead to fractures within communities.
- Resource Limitations
- Funding Constraints: Adequate funding is often a
barrier to implementing effective community-led programs and legal
reforms. Without financial support, initiatives may lack the necessary
resources for success.
- Infrastructure Challenges: Communities may lack the
infrastructure needed to support the proposed changes effectively, such
as facilities for training or support services.
- For example, in more remote
communities, access to educational and vocational training can be
limited, hampering the ability of local organizations to implement
meaningful programs.
Resources:
A Look
into the Status of Urban Indigenous Youth Employment
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://youthrex.com/wp-content/uploads/2023/07/A7G-%E2%80%93-From-Discrimination-to-Meaningful-Work.pdf
Examining
Barriers to Employment for Young Men with Criminal Records
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.crimepreventionottawa.ca/wp-content/uploads/2021/04/Examining-Barriers-to-Employment-for-Young-Men-with-Criminal-Records.pdf
Employment
Gap for Indigenous Youth in East Ontario
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.unitedwayeo.ca/wp-content/uploads/2023/08/Indigenous-Employment-EN.pdf
The
Overrepresentation of Indigenous Youth in the Criminal Justice System; Exposing
a Problematic Reality of Imprisoned Marginalized Groups in Canada
file:///Users/harmeetdoad/Downloads/+LuoDestiny%20(1).pdf
“Just Give
Us a Chance”: Supports and Challenges to Maintaining Employment as Experienced
by People Who Have Been in Prison Employment as Experienced by People Who Have
Been in Prison
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://scholars.wlu.ca/cgi/viewcontent.cgi?article=3554&context=etd
Economic
Outcomes of Canadian Federal Offenders
https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2021-r002/index-en.aspx
Indigenous
Youth: The Tragic Crisis of Crime and Education in Canada
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://atrium.lib.uoguelph.ca/server/api/core/bitstreams/be363bb5-0a56-4ddd-8f87-612755c0208c/content
Contact
with the criminal justice system
https://www.indigenoushpf.gov.au/measures/2-11-contact-with-the-criminal-justice-system
The
Intersection Between Justice Involvement and Housing
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.cmhc-schl.gc.ca/sf/project/archive/publications/nhs/research_and_planning_fund_program/housing-and-justice-involvement-final-report_jhso-2024.pdf
Indigenous Housing: Policy and
Engagement
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://nwac.ca/assets-knowledge-centre/Indigenous-Housing-Policy-and-Engagement-%E2%80%93-Final-Report-to-Indigenous-Services-Canada.pdf
Indigenous
Youth Roundtables
https://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/iyr-trja.html
INDIGENOUS
YOUTH RESTORATIVE JUSTICE
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.socialconnectedness.org/wp-content/uploads/2019/10/Indigenous-Youth-Restorative-Justice.pdf
Culture-as-Catalyst-Prevention-the-Criminalization-of-Indigenous-Youth-final-report.pdf
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.thunderbay.ca/en/city-services/resources/Documents/Crime-Prevention/Culture-as-Catalyst-Prevention-the-Criminalization-of-Indigenous-Youth-final-report.pdf
Causes of
Overrepresentation – Research and Statistics Division – Overrepresentation of
Indigenous People in the Canadian Criminal Justice System: Causes and Responses
https://www.justice.gc.ca/eng/rp-pr/jr/oip-cjs/p4.html
ABORIGINAL
OVER-REPRESENTATION
http://www.ajic.mb.ca/volumel/chapter4.html
An update
on the socio-economic gaps between Indigenous Peoples and the non-Indigenous
population in Canada: Highlights from the 2021 Census
https://www.sac-isc.gc.ca/eng/1690909773300/1690909797208
Examining
Aboriginal Corrections in Canada
https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/xmnng-brgnl-crrctns/index-en.aspx
YOUTH JUSTICE
RESEARCH
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.justice.gc.ca/eng/rp-pr/cj-jp/yj-jj/yj2-jj2/yj2.pdf
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