The Impact of Criminalization on Indigenous Youth and Community Economic Development in Canada

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.
  1. 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  

  1. 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.
  2. 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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