CCJA
Aboriginal Peoples and the Criminal Justice System FRANÇAIS

 
Part II: DEMOGRAPHICS


Population

The following demographics analysis portrays the changing composition of Aboriginal people in Canada and provides an illustration of the systemic nature of the barriers they must overcome. The Department of Indian and Northern Affairs Canada states that in 1992, the registered Indian population comprised 1.9% of the total Canadian population. The total registered Aboriginal population has risen from 230,902 in 1967 to 533,461 in 1992, a 13 1% increase. With the reinstatement of status through Bill C-31, the registered Aboriginal population is expected to reach approximately 755,200 in 2005, a 4% increase from 1992xxv.

Nearly eight out of ten registered Aboriginal people lived on-reserve in 1967, with this proportion dropping to less than six out of ten in 1992. The high growth rate for the off-reserve population between 1986 and 1989 is attributed largely to the reinstatement of Aboriginal status under Bill C-31xxvi.

There is considerable diversity within the First Nations population in terms of history, language, and culture. There are eleven major linguistic groups and more than fifty languages are spokenxxvii. In 1991, the Aboriginal Peoples Survey reported that, for the population aged 15 and over reporting Aboriginal identity in Canada, 139,375 reported speaking an Aboriginal language.

The Aboriginal population does not form a homogeneous group culturally, geographically or by way of status. According to the 1982 Constitution Act , Aboriginal peoples includes the Indian, Inuit and Métis peoples. Statistics Canada's 1996 Census reported that Aboriginal peoples constitute 2.8 percent of Canada's population. Of that 69 percent are self-identified Indians, 26 percent are Métis and 5 percent are Inuitxxviii.

Birth Rate

The Aboriginal population in Canada is growing more rapidly than the non-Aboriginal population. The average number of children born to Canadian women overall is about 1.7; the fertility rate for registered Aboriginal women is approximately 2.9 children. By the year 2005, the registered Aboriginal population is projected to increase to 755,200, a 42% growth from 1992xxix. This represents a projected growth rate almost 50% greater than the non-Aboriginal population during the same time period.
 
Life Expectancy

The life expectancy of Aboriginal men is roughly 7 years shorter than that of the average non--Aboriginal Canadian male. The life expectancy of Aboriginal women is approximately 6.5 years lower than that of the average non-Aboriginal Canadian female. Inuit have the lowest life expectancy of all Aboriginal peoples, followed by those living on-reservexxx.

Life expectancy at birth (1991)xxxi

  Male Female
Non-Aboriginal 74.6 80.9
Aboriginal 67.9 75

Infant mortality rate (per 1000 births)xxxii
 
Status Indians 17 (1986)
Inuit (NWT) 28 (1986)
All Canadians 8 (1986)

Life expectancy for Aboriginal people is increasing and is expected to continue to grow. From 1975 until the year 2015, it is expected to increase by approximately 14 years for both sexes. Between 1960 and 1990, infant mortality rates for the registered Indian population dropped from 82 to approximately 10 infant deaths per 1,000 live births. In 1991, the rate increased to almost 12 infant deaths per 1,000 births. This rate may present an actual increase, or may simply reflect improvements in data-collection procedures in 1991xxxiii.

Suicide

Suicide is two to three times more common among Aboriginal people than non-Aboriginal. It is also five to six times more prevalent among Aboriginal youth than non-Aboriginal youthxxxiv.

Suicide (per 100,000 population)xxxv

Status Indians 34 (1986)
Inuit (NWT) 54 (1986)
All Canadians 15 (1986)

In First Nations communities today, suicide is more common among the young and usually results from feelings of hopelessness and despairxxxvi.

Incarceration

Prior to the Second World War, Aboriginal prison populations were proportionate to their numbers in the Canadian population. Since that time, Aboriginal representation within the judicial system has increased and continues to grow.

Statistics indicate that Aboriginal offenders represented 11.9 % of the male and 16.7% of the female offender population in Canada in 1992-93 (11.9 % males and 16.7% females). This is considered to be an underestimate of the true number of Aboriginal offenders incarcerated in federal and provincial institutions because some inmates do not identify themselves as such upon entry into a correctional facility. Thus, many criminal justice experts suggest that the true number of Aboriginal people incarcerated in federal and provincial institutions may be higher.

The federal offender population in 1997, including those in the community, totalled about 23,200. Of this total, about 2900 or 12% were Aboriginal offenders. In comparison, Aboriginal people comprise about 3% of Canada's populationxxxvii. In 1997, the highest percentage of federal Aboriginal offenders by region was in the Prairie region (Alberta, Saskatchewan, Manitoba and the Northwest Territories), where 64% of the total federal Aboriginal offender population was either incarcerated or on some form of conditional release. The Pacific region (British Columbia and the Yukon) was next, with 17.5% of the federal Aboriginal offender population. By contrast, only 4% were in the Atlantic regionxxxviii.

Aboriginal offenders are more likely to serve their sentence in institutions than in the community. Almost three-quarters (73%-1997) of Aboriginal offenders were incarcerated compared to 61% of non-Aboriginal offenders. While 31% of non-Aboriginal offenders were on some form of conditional release only 21% of the Aboriginal population were in the communityxxxix.

Further, Aboriginal correctional staff make up only 1.7% of all Correctional Service of Canada personnel, and are also poorly represented in the provincial system, resulting in an Aboriginal staff-to-inmate ratio too low to offer adequate programs for First Nations offenders. They are also underrepresented in management and senior policy and decision making positions.

Summary

The Aboriginal population is growing at a much faster rate than that of the Canadian population, but still has a lower life expectancy than the Canadian average. Aboriginal people also have much higher rates of suicide than the Canadian average and are incarcerated, usually for crimes related to social disorder rather than profit, at a disproportionately higher rate than other Canadians.

The situation demonstrates the inequalities in Aboriginal offender programs and services and points out clearly the need for alternative forms of incarceration, restorative justice programs, staff training and sensitivity to Aboriginal culture. The disproportionate levels of Aboriginal offenders in federal and provincial institutions can in part be attributed to the poor economic base of Aboriginal communities and the low number of Aboriginal people involved in correctional and judicial policy-making programs.  
 

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xxvBasic Departmental Data 1993, Departmental Statistics, Management Information and Analysis Branch, Indian and Northern Affairs Canada, at 4.
xxviIbid. at 6-7.
xxviiThe National Atlas of Canada, 5th edition, 1980.
xxviiiwww.statcan/english/Pgdb/Peoples/Population/demo39a.htm
xxixIbid. at 18
xxxReport of the Royal Commission on Aboriginal Peoples, supra note 20, vol. 3, at 120.
xxxiUnfinished Business: An Agenda for All Canadians in the 1990's - Second Report of the Standing Committee on Aboriginal Affairs, March 1990, as cited in Susan Zimmerman, "The Revolving Door of Despair: Aboriginal Involvement in the Criminal Justice System" 1992 U.B.C. Law Review 367 at 412.
xxxiiZimmerman, supra note 42 at 412
xxxiiiBasic Departmental Data 1993, supra note 32.
xxxiv.45 Royal Commission on Aboriginal Peoples. Choosing life: special report on suicide among Aboriginal people (Ottawa: Canada Communications Group, 1995) at 1.
xxxvZimmerman, supra note 42 at 413.
xxxviOp.cit. at 10.
xxxviiTowards a Just, Peaceful and Safe Society: 71e Corrections and Conditional Release Act Five Years Later, Solicitor General of Canada, at 23, IW7
xxxviiiIbid at 23
xxxixIbid at 23