Overview

Increasingly, research points to a correlation between socio-economic disadvantage and involvement in the criminal justice system.  A larger proportion of the Aboriginal population in Canada suffers from socio-economic imbalances in comparison to non-Aboriginal Canadians, as demographic and socio-economic data illustrate. Justice programs may not be able to solve the problems generated by underlying social conditions, but judicial programming must take into account the social context in which it functions.

Poverty and Social Assistance

The Report of the Royal Commission on Aboriginal Peoples states that Aboriginal people are among the poorest in Canada^xl.  Approximately half of all Aboriginal children, whether on or off-reserve, live in poverty^xli.  According to a 1991 census data on household incomes, more than 60% of Aboriginal households in Winnipeg, Regina, and Saskatoon were below the poverty line^xlii.  About 80 to 90% of female single-parent households in these cities were below the poverty line.  Poverty among Aboriginal people is primarily attributable to unemployment, but it is also linked to low paying or part-time work, and continued participation in a hunting and trapping lifestyle^xliii.

In 1990, approximately 28.6% of all Aboriginal people over 15 years of age depended on social assistance for at least part of the year, compared to 8.1% of the general Canadian population. The Royal Commission concluded that unemployment and reliance on social assistance is very high and likely to get higher^xliv. Many Aboriginal people told the Royal Commission that they despise their reliance on social assistance and wish to be more productive.

Aboriginal people cite certain barriers that prevent them from making the transition from dependency to self-sufficiency:

• the absence of on-reserve employment;
• an inadequate land and resource base to promote economic development ;
• a lack of educational and job skills, and
• discrimination in the labour market^xlv.
  

Several viable solutions directed at alleviating poverty and economic dependency among Aboriginal peoples were proposed by the Royal Commission. The recommendations included recognizing past treaties and establishing new ones designed to provide a sufficient land and resource base to promote economic development, extending Aboriginal jurisdiction over economic development, and improving education and job skills training.
 
Education
 
A significant barrier contributing to the inability of Aboriginal people to escape poverty stems from their lack of a formal education. Many Aboriginal children are confronted with unemployment and are caught up in the welfare cycle right from birth^lxvi. In addition, many consider the pursuit of an education to be futile as they believe their job prospects to be extremely limited^xlvii.
 
The experiences of Aboriginal children in the residential school system has contributed to a disenchantment with formal education opportunities. Aboriginal children were taught in a "White" educational system, which was better suited for White than Aboriginal children, and did not accommodate or acknowledge the different learning and teaching styles of Aboriginal peoples. Most First Nations children have parents who encountered negative experiences in the formal school system and it is obvious why these parents are reluctant to exert pressure on their children to travel to pursue post--secondary education^xlviii. Furthermore, since the majority of Aboriginal parents and grandparents received little or no higher education, it is a large step for their children to see any value in pursuing it^xlix. Those First Nations children from remote communities who do wish to attend high school must often go off-reserve, leaving behind their families and support network.  Thereafter, it is difficult for some to return home and bridge their two worlds.
 
Statistics provide some idea of changing educational levels among First Nations peoples. The percentage of school-age children on-reserve enrolled in kindergarten, elementary and secondary schools has increased from 72% in 1960/61 to nearly 97% in 1992/93. This enrolment increase is due in large part to the decrease in the number of student dropouts. The percentage of First Nations children who remain in school until grade XII has also increased from about 3% in 1960-61, to more than half in 1992/93.
 
Compared to the 17% of non-Aboriginal Canadians who did not attend high school, the statistics on Aboriginal people in 1986^l were as follows (percentage of the population 15 years and over):

The number of registered Aboriginal individuals enrolled in university increased from 60 in 1960/61 to 5,800 in 1985/86. Between 1985/86 and 1992/93, this population increased nearly four times to 21,566 students. However, while the rate of students attending post-secondary education continues to rise, the participation rate of registered Aboriginal student aged 17 to 34 remain below the non-Aboriginal average for the same age group^li.
 
The number of band-operated schools has also increased from 53 in 1975/6 to 353 in 1992/93. The proportion of children enrolled in band-operated elementary secondary schools is increasing (from 4% in 1975/6 to 49% in 1992/93), while the proportion enrolled in federal and other schools is declining (a drop from 41 % in 1975/6 to 5% in 1992/93). (It is noted that many of the band schools are now providing indigenous language classes).
 
Not only do barriers to education make it difficult for individuals to escape the "welfare cycle", they also impede economic development in Aboriginal communities. Many do not have the knowledge base or expertise to develop effective strategic plans for the economic development of Aboriginal communities^lii.
 
Unemployment
 
A high proportion of Aboriginal people are presently absent from the labour force. In 1986, approximately 57% of on-reserve First Nations and 46% of registered off-reserve First Nations people were not in the labour force, compared to roughly 12% for Canada generally. These differences may be related to lower education and literacy levels among Aboriginal populations. However, the low level of reported employment may be due in part to many Aboriginal people and others not identifying traditional Aboriginal activities, such as hunting, trapping and fishing, as work. Thus, potentially large numbers of Aboriginal people may have been omitted from the occupational categories in the census collections. Fishing, trapping, forestry and other related primary occupations are twice as common among Aboriginal communities compared to the rest of the Canadian population.
 
Lack of Capital
 
The economic development of Aboriginal communities has been restricted by their difficulty in raising the capital required to establish business ventures^liii, and Indian Act restrictions with respect to bank loans and securities.  On an individual basis, prejudice and discrimination prevent many Aboriginal people from obtaining the financial resources necessary to support a new business^liv.
 
Federal government policy related to Aboriginal capital is questionable. Although the federal government holds Aboriginal capital for both welfare and development initiatives, accumulated finances enter what is known as the "trust fund" and are invested in government bonds. This money, which is kept out of Aboriginal control, is reputed to be valued at well over $100 million annually, and is held while many First Nations business ventures do not receive the necessary financial support^lv.  Aboriginal groups or individuals requesting money from the Department of Indian Affairs and Northern Development are regularly turned down. Each request must go through a series of bureaucratic procedures and be approved by the federal government, generally taking between one and five years for a grant to be accepted or rejected^lvi.
 
Insufficient Business Infrastructure
 
Numerous detrimental consequences result from inadequate access to business capital for Aboriginal communities. First Nations communities have been unable to develop the business infrastructure required to accommodate the purchasing needs of their populations. Therefore, when a band does manage to increase its per capita income, the money is not re-invested in the reserve or the band^lvii.   Residents of reserves with money to spend often do so outside the community, since there are so few businesses owned and operated by Aboriginal interests^lviii.   Even when money is spent on-reserve, the community may still not benefit. Of the few on-reserve businesses, many are owned by outside groups^lix.
 
In addition to the problems associated with inadequate access to financial provisions, the development of business infrastructure is also impaired by the quality of the land on reserves. With the exception of a small number of resource abundant reserves, most are rural and have a limited primary production capacity^lx. The majority barely provide any potential for agriculture, forestry, and trapping^lxi.   Less than 10 percent of all arable Aboriginal land of fair to good quality is under cultivation and, under current conditions, well over 300 additional farms could be operating. Although First Nations lands contain over 11,000 square kilometres of forests and commercial yield potential, only a small amount is presently being harvested^lxii. Thus, a large proportion of the Aboriginal communities' limited existing potential for agricultural and forestry development is not utilized.
 
Land Claims
 
Despite historical evidence of unfair practices in obtaining land from Aboriginal people, Canadian governments have been reluctant to resolve land claims disputes. Legal and political barriers have prevented Aboriginal bands from proceeding with many land claims, discouraging economic development within their communities. Because of the structure of the governing bureaucracy and legislation, these claims were either suppressed or simply not defined as bona fide claims^lxiii. In fact, until the passage of the Indian Act in 1951, Aboriginal communities required the federal government's approval before they could launch proceedings against the government^lxiv. In addition, the government prohibited the use of "Indian money" to support a lawyer to pursue a claim^lxv.
 
Land claims are further hampered by the fact that the federal government refuses to discuss any claims they feel are inadequately researched^lxvi. The cost of carrying out such research and any subsequent extended legal battle with the federal government can cripple a band financially. Although the federal government is responsible for providing Aboriginal bands with access to legal services in a claims dispute, these communities are responsible for making payments (including interest) on loans from the Crown, which ironically, are incurred to pursue these claims in the first place^lxvii. The federal government, given its comparatively unlimited access to financial resources, can "drag on" the claims process through appeals, thus reducing the potential for Aboriginal success in a land claim dispute.
 
Today, many comprehensive claims, and even larger specific claims, have been resolved through negotiation in order to minimize potential losses through the courts^lxviii. In view of the negotiation mechanism, many Aboriginal leaders still regard the process as biased in favour of the federal government. As a result of the disparity in the bargaining power of the two sides, negotiations shift toward compromises by First Nations bands.
 
Housing and Living Conditions
 
An important indicator of the quality of living conditions is the proportion of a population living in crowded dwellings. The size of the average Aboriginal family tends to be larger than that of an average non-Aboriginal family. Accommodations on-reserve are 16 times more likely than other Canadian homes to have more than one person per room. Off-reserve Aboriginal dwellings are 6 times more likely than other Canadian dwellings to be crowded^lxix.
 
In addition to inadequate housing, poor living conditions create additional problems. Testimony and briefs submitted to the Royal Commission gave evidence that living conditions, with respect to water, sanitation and housing conditions in many Aboriginal communities, is comparable to developing countries^lxx. Sydney J. McKay of the Manitoba Métis Federation told the Royal Commission that "the only facilities that seem to have the running water in northern communities are the stores, [and) of course the Royal Canadian Mounted Police, fire halls, nursing stations, and teachers residences^lxxi.
 
Poor living conditions, lack of clean water and safe waste disposal can lead to higher rates of sickness and possibly death. The Royal Commission Report states that poor housing has been linked to infectious diseases, and non-infectious respiratory diseases such as asthma. Over-crowding is a crucial factor in the spread of infectious diseases^lxxii. The Royal Commission Report also notes that water, sanitation and housing conditions affect mental and spiritual health. Over-crowding contributes to mental illness, especially where domestic violence is concerned^lxxiii.
 
Alcohol Abuse
 
Of all addictive substances, alcohol poses the greatest threat to Aboriginal people and their communities. According to the Canadian Centre of Substance Abuse (CCSA), one in five people admitted to hospitals for alcohol-related illnesses are Aboriginal. The CCSA also reports that alcohol psychosis found in Aboriginal communities is four times the national average.
 
Alcohol abuse is associated with unemployment, family violence, criminal behaviour, suicides, accidents and the general inability to succeed^lxxiv. Alcohol abuse is considered one of the single largest contributors to the disproportionate levels of First Nations offenders within the criminal justice system. A recent report on conditions in four northern Ontario Aboriginal communities found that approximately 80 percent of a criminal offences involved alcohol or solvent abuse on the part of the accused^lxxv.

Aboriginal addiction has been described as: "part of a circle of oppression, despair, violence and self--destructive behaviour that must be addressed as a whole."^lxxvi According to the Royal Commission, the most successful alcohol treatment programs are those that follow a model of holistic treatment, taking all of these factors into consideration when treating alcohol abuse, including loss of self-esteem and cultural identity^lxxvii.
 
Solvent Abuse
 
Solvent abuse also poses a threat to Aboriginal communities, particularly Aboriginal youth and children. In the First Nations and Inuit Community Solvent Abuse Survey and Study, almost half (48.81%) of the Aboriginal communities that responded recognized solvent abuse as a problem affecting the entire community^lxxviii. Solvent abuse is more common in northern and remote communities where social and economic structures may not be as strong^lxxix, The Study also discovered respondents began using solvents at a very young age with half abusing them between the ages of 4 and 11. Unfortunately, the age of first use is becoming younger^lxxx.
 
Aboriginal peoples identified these conditions as contributing to solvent abuse^lxxxi:

• loss or absence of cultural identity;
• absence of family and/or community support;
• lack of awareness of the effects of solvent abuse;
• lack of spiritual guidance, and
• presence of other forms of abuse, such as sexual, physical, verbal or mental.
  

Solvents are attractive to adolescents for a variety of reasons. They are legal, inexpensive, often more accessible than drugs or alcohol, and have almost immediate effects (rapid mood elevation can occur within 15-45 seconds). Solvent users can also display a variety of other symptoms such as bluffed vision, nausea, and slurred speech with chronic abuse potentially resulting in brain damage, paranoid psychosis, and heart failure.
 
Domestic Breakdown
 
The percentage of single parent families among Aboriginal people is about twice the overall Canadian figure.  Approximately five times more single-parent families are headed by women than men^lxxxii.

Aboriginal single parent families

Domestic Violence
 
Domestic violence can include physical violence, sexual, psychological, and economic abuse (where women and the elderly are dominated by another family member who controls their finances). A Statistics Canada (1993) survey found that 5 1 % of Canadian women have been physically or sexually abused at least once by the age of 16, and 25% of married women have been physically or sexually abused by their spouses^lxxxiii. In contrast, a study conducted by the Ontario Native Women's Association reported that 80% of Aboriginal women were victims of violence. Of this total, 87% had been abused physically and 57% had been sexually abused^lxxxiv. In addition, death caused by a violent act occurs three times more frequently within Aboriginal than non-Aboriginal communities with this rate even higher among the Inuit^lxxxv.
 
Sharon Caudron, Program Director for the Women's Resource Centre of Hay River in the Northwest Territories, described the price that children pay when domestic violence occurs - "The cost to our children is hidden in their inability to be attentive in school, in feelings of insecurity and low-esteem and in acting out behaviour which may manifest itself in many ways, such as vandalism, self-abuse, bullying; and often the children suffer in silence."^lxxxvi
 
The Royal Commission pointed out ways that Aboriginal domestic violence is distinct from non- Aboriginal:  

• Aboriginal domestic violence does not rest within the boundaries of the family unit but permeates the whole community;
   
• dysfunctional family relations can be traced back to deliberate intervention on the part of the Crown to disrupt the First Nations family, and
   
• devaluing of Aboriginal traditions and language destroys cultural pride and identity and sets the stage for violence within Aboriginal communities^lxxxvii.

Suicide
 
Suicide is a significant concern in many Aboriginal communities, is two to three times more common among Aboriginal peoples and is also five to six times more prevalent among Aboriginal youth than non-Aboriginal youth^lxxxviii.
 
According to Aboriginal tradition, suicide was rare in Pre-colonialism times because it was viewed as unacceptable. Those who did commit suicide were generally the sick or elderly who felt they could no longer contribute to their community and their deaths were perceived as acts of self-sacrifice. In First Nations communities today, suicide is more common among the young and usually results from feelings of hopelessness and despair^lxxxix.
 
The following factors are often linked to suicide^xc:  

• continuous family disruptions and instability
• family history of mental health problems
• alcohol and/or drug abuse
• physical and/or sexual abuse, and
• extended periods of grief

Self-government
 
Self-government initiatives reflect an attempt on the part of Aboriginal communities to regain the power to determine their own futures. Autonomy objectives vary among First Nations communities, requiring Canadian governments to provide a flexible framework to accommodate responses to diverse Aboriginal demands and interests. Self-government entails empowering Aboriginal peoples with control over their culture, language, heritage and recognizing them as distinct peoples. The federal government supports "community self-government," which provides band councils with more autonomy. The provincial and federal governments must make negotiating self-government and land claims with Aboriginal groups a priority.

It has become increasingly clear to Aboriginal people that the Canadian criminal justice system is not addressing their needs at a satisfactory pace, including their demands for more control and authority in resolving criminal disputes within their communities. Self-government would return control of Aboriginal communities back to Aboriginal authorities to decide upon appropriate judicial decisions. The fight to self-government includes the right to a separate Aboriginal justice system based upon Aboriginal values, philosophies, customs, and traditions. The issues of crime, punishment, and judicial policy, invariably debated in non--Aboriginal communities, needs to be examined in Aboriginal communities, as they decide for themselves what is best for their community and those harmed by crime. An independent Aboriginal justice system should incorporate the values, philosophies, activities and practices of Aboriginal communities and ensure the delivery of culturally relevant programs and services including certain justice, law enforcement and correctional programs.
 
Summary
 
The social and economic conditions outlined in this section attempt to illustrate a correlation between these factors and Aboriginal criminal conduct.  Poverty, inadequate educational opportunities, unemployment, poor living conditions, alcohol abuse and domestic violence, among other factors, all contribute to constrain cultural identity and promote feelings of hopelessness and despair. It is clear that the Canadian criminal justice system presently is not meeting the needs of Aboriginal peoples. It is acknowledged that simply establishing First Nations self government will not fully resolve all Aboriginal judicial problems but this change in policy should be regarded as a very positive step.