A/HRC/41/42/Add.1
imprisonment for women with mental health conditions by transferring prisoners to mental
health services, facilities or psychiatric hospitals.
Overincarceration of indigenous women
67.
The overincarceration of indigenous people is among the most pressing social justice
and human rights issues in Canada. The number of federally sentenced indigenous women
increased from 168 in March 2009 to 270 in March 2018. At the end of the reporting period,
40 per cent of incarcerated women in Canada were of indigenous ancestry, numbers that
were described as “distressing”.37
68.
Indigenous women are also overrepresented in segregation and, as a result, have
limited to no access to programmes, education, training or access to justice or alternatives
to incarceration. They are more likely to be considered high risk and high need and are
classified as having low reintegration potential, in addition to being released later in their
sentences. Canada has legislation that allows for the “decarceration” of prisoners, yet it is
rarely used, and segregation remains a widespread practice.
69.
In compliance with the Criminal Code, following the decision in R v. Gladue, judges
should consider the background circumstances of indigenous offenders. 38 Some provinces
and territories now use “aboriginal social history reports” to give judges information on the
lives of indigenous people before sentencing. There are warnings, however, that such
reports remain poorly understood and sometimes simply reinforce stereotypes and
undermine the agency of the offender.39
70.
In addition to the provisions in the Criminal Code requiring that judges consider “all
available sanctions, other than imprisonment” for offenders, sections 81 and 84 of the
Corrections and Conditional Release Act relating to federal corrections allow women to
execute the sentence in their community or apply for early release to an indigenous
community. Unfortunately, this legislation is underutilized, underfunded and often not
communicated to women as part of their intake process.
H.
Situation of women who encounter multiple and intersecting forms of
discrimination and violence
71.
During her visit, the Special Rapporteur paid special attention to the situation of
women and girls who encounter multiple and intersecting forms of discrimination and
violence and experience higher rates of all forms of violence against women.
1.
Violence against indigenous women and girls
72.
The Government of Canada has recognized that the basic inequalities that exist
between indigenous people and the rest of the Canadian population are a reminder of the
failure by the State to overcome systemic racism, the intergenerational trauma resulting
from colonialism and the inadequate provision of specialized services and programmes for
each community.
73.
Indigenous people from First Nations, Métis and Inuit communities represent
approximately 5 per cent of population of Canada, with indigenous women accounting for
about half of that total. Indigenous women and girls, however, are three times more likely
to be victimized by violence, including intimate partner violence and violent crime, and
approximately six times higher to be a victim of female homicide. 7
74.
According to information from the Native Women’s Association of Canada, more
than 4,000 indigenous women and girls have been murdered or reported missing since the
37
38
39
See http://www.oci-bec.gc.ca/cnt/rpt/annrpt/annrpt20172018-eng.aspx#s6.
See https://thetyee.ca/News/2018/11/21/Failing-Indigenous-Offenders/.
See Toni Williams, “Intersectionality analysis in the sentencing of aboriginal women in Canada: what
difference does it make?”, in Intersectionality and Beyond: Law, Power and the Politics of Location,
Davina Cooper and others, eds., (London, Routledge, 2008).
13
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