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https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2017/july04.html

In 2014, the rate of homicide of Indigenous women was almost six times higher than non-Indigenous women.

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Canadian femicide observatory for justice and accountability 

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Canadian femicide observatory for justice and accountability 

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http://www.femicideincanada.ca/about/history/indigenous

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'National travesty': report shows one third of Canada's prisoners are Indigenous

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More than 30% of inmates in Canadian prisons are Indigenous - even though aboriginal people make up just 5% of the country's population, according to new figures released by a federal watchdog. In a scathing report published on Tuesday, the correctional investigator of Canada, Dr Ivan Zinger, described Indigenous overrepresentation in the country's jails and prisons as "nothing short of a national travesty".

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2. Statistical Overview on the Overrepresentation of Indigenous Persons in the Canadian Correctional System and Legislative Reforms to Address the Problem

2.1 Statistical Overview

The overrepresentation of Indigenous persons in Canadian prisons began at the end of the Second World War (Rudin 2008) and remains a well-documented reality based on abundant scientific and statistical documentation (Department of Justice Canada 2017). A quick look at the recent statistical data shows that the measures taken to combat this reality have not yet produced the desired results. Compared to all other categories of accused persons, Indigenous people continue to be jailed younger, denied bail more frequently, granted parole less often and hence released later in their sentence, over-represented in segregation, overrepresented in remand custody, and more likely to be classified as higher risk offenders. They are more likely to have needs in categories like employment, community integration, and family supports (Parkes 2012; Green 2012).

Although Indigenous adults represent only about 3% of the adult population in Canada, they are overrepresented in admissions to provincial and territorial correctional services; in 2015-2016, they accounted for 26% of admissions (Statistics Canada 2016). Among women, 38% of those admitted to provincial and territorial sentenced custody were Indigenous, while the comparable figure for men was 26% of admissions identified as Indigenous (ibid.). In the federal correctional services, Indigenous women accounted for 31% of female admissions to sentenced custody, while Indigenous men accounted for 23% of admissions (ibid.).

The discrepancies between Indigenous and non-Indigenous incarceration rates are more pronounced in certain jurisdictions than in others (see Table 1). For example, while the proportion of Indigenous persons sentenced to imprisonment is double their representation in the Québec population, in Saskatchewan the proportion of Indigenous inmates is roughly seven times higher than their representation in the provincial population. Although the problem of overrepresentation of Indigenous adults in corrections is a general problem in most jurisdictions, particularly for remand and sentenced custody, the problem is more pronounced in the Western provinces.

Provinces/Territories

Sentenced Custody

Remand

Other Temporary Detention

The situation is not very different for Indigenous youth. Although Indigenous youth between the ages of 12-17 comprise only 7% of all adolescents in the general population, in 2014-2015, about 35% of youth admitted to correctional services were Indigenous (Statistics Canada 2017). Indigenous girls accounted for 44% of female youth admitted, and Indigenous boys accounted for 29% of male adolescents admitted. Although the Youth Criminal Justice Act mandates that the Court must consider alternatives to custody for Indigenous youth, in 2015/2016, 54% of Indigenous youth in correctional services were admitted to custody whereas the comparable figure for non-Indigenous youth was 44% (ibid.). The proportion of Indigenous youth admissions to custody has grown over time: in 2011-2012, 48% of Indigenous youth involved in the correctional system were admitted to custody; in 2014/2015, the number had grown to 52% (ibid.).

Overall, the percentage of both Indigenous youth and adults in correctional services significantly exceeded their representation in the general population (see Table 2).

2.2 Legislative Reforms to Address the Problem of Indigenous Overrepresentation in the Prison System

In 1996, Bill C-41 introduced significant reforms to sentencing, a culmination of more than a decade of federal government review of the criminal justice system (BCCLA 2014). The new Criminal Code provisions codified objectives and principles of sentencing, recognizing the significant increase in the general incarceration rates in Canada and the disproportionate levels in the number of Indigenous persons in penal institutions (Daubney and Parry 1999). Among the new provisions, two are particularly noteworthy: (1) the introduction of conditional sentences and (2) the special reference to sentencing Indigenous offenders. Section 718.2(e) of the Criminal Code states that sentencing courts must take into consideration the following principle:

(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

These amendments were, to some extent, a response to the high incarceration rates for non-violent crimes and the frequent use of custodial sentences for Indigenous individuals (Daubney and Parry 1999). However, Bill C-41 did not provide judges with specific sentencing guidelines. Parliament left it up to the courts to clarify both the use of conditional sentences and the application of s. 718.2(e):

... the Courts of Appeal will consider the reasons in support of sentences and their relation to the statement of principles and purposes of lower courts and that over a period of time, the development of the appellant jurisprudence would provide the guidelines that were being sought by those advocating numerical sentencing guidelines. (Daubney and Parry 1999, 45)

Section 718.2(e) began having an impact on judicial decisions after the Supreme Court interpreted it for the first time in 1999 in Gladue. The landmark decision reviewed the sentence of imprisonment for an Indigenous woman who was convicted of manslaughter of her common-law spouse.

2.3 The Gladue Decision

Jamie Tanis Gladue was born in McLennan, Alberta, of a Cree mother and a Métis father. On September 16, 1995, Jamie was celebrating her 19th birthday in the company of her common-law spouse, Reuben Beaver, her friends, and members of her family. During the celebrations, she and her guests drank beer. Jamie suspected her spouse of having an affair with her older sister, Tara. She voiced her suspicions and her desire for revenge to her friends.

When Tara Gladue left the party, she was followed by Mr. Beaver. Jamie Gladue was visibly angry at Mr. Beaver and also left the party to find him. According to the witnesses, she threatened to kill him. She eventually located Mr. Beaver and Tara Gladue as they were leaving Tara's apartment.

When they returned to their home, Jamie Gladue and Mr. Beaver quarreled, and she attacked him with a knife, causing his death. At the time of the stabbing, Jamie had a blood-alcohol content of between 155 and 165 mg of alcohol in 100 ml of blood, indicating that she was highly intoxicated.

2.3.1 Mitigating Factors

At the time of sentencing, the judge took into consideration a number of mitigating factors:

1. The accused was a young mother.

2. She had no criminal record apart from an impaired driving conviction.

3. Her family was supportive.

4. While on bail, she attended alcohol abuse counselling and upgraded her education.

5. She had been provoked by the victim's insulting behaviour and remarks.

6. At the time of the offence, she had a hyperthyroid condition (which can cause overreaction to emotional situations).

7. She showed signs of remorse.

8. She entered a plea of guilty.

2.3.2 Aggravating circumstances

1. The accused stabbed the deceased twice, the second time after he had fled in an attempt to escape.

2. From the remarks she made before and after the attack, it was clear that the accused intended to harm the victim.

3. She was not afraid of the victim.

The trial judge sentenced Ms. Gladue to three years of incarceration, noting in particular the seriousness of the offence, the importance of the principles of denunciation and general deterrence. As Ms. Gladue and her spouse lived in an urban area (not "within the aboriginal community as such", Gladue,para 18), the judge found that there were no special circumstances arising from their Indigenous status that he should take into consideration. Noting the very serious nature of the offence, the judge sentenced her to three years' imprisonment with a ten-year weapons prohibition.

2.3.3 Court of Appeal for British Columbia

Ms. Gladue appealed her sentence of three years' imprisonment but not the ten-year weapons prohibition. Among the four grounds of appeal, only one was directly relevant, namely "whether the trial judge failed to give appropriate consideration to the appellant's circumstances as an aboriginal offender" ( Gladue,para 19). The appellant also sought to adduce fresh evidence regarding her efforts since the killing to maintain links with her Indigenous heritage (notably, she had taken steps to become full status Cree).

The Court of Appeal unanimously concluded that the judge had erred in finding that s. 718.2( e) did not apply because Ms. Gladue was not living in an Indigenous community. However, the three judges of the Court of Appeal did not reach a consensus on whether the sentence was fit. Two judges dismissed the appeal, agreeing with the trial judge that the crime had been sufficiently serious to justify imprisonment. They also refused to consider the appellant's fresh evidence. The third judge (dissenting) analyzed parliamentary reports on s. 718.2(e) and spoke favourably about the steps the appellant had taken to maintain her links with Indigenous culture. In the view of the dissenting judge, a three-year sentence was excessive because an alternative method to advance the appellant's rehabilitation could have been crafted (for example, a period of supervised probation). Ultimately, the appeal was dismissed by a majority of the B.C. Court of Appeal.

2.3.4 Supreme Court of Canada

The Supreme Court of Canada considered whether the sentence of three years of imprisonment was a correct application of s. 718.2(e). At the outset, the Supreme Court recognized both "[t]he systematic use of the sanction of imprisonment in Canada" ( Gladue,para 53) and "the magnitude and gravity of the problem" of the overrepresentation of Indigenous peoples in Canadian prisons ( Gladue, para 64). Gladue also states:

The figures are stark and reflect what may fairly be termed a crisis in the Canadian criminal justice system. The drastic overrepresentation of aboriginal peoples within both the Canadian prison population and the criminal justice system reveals a sad and pressing social problem (para 64).

In writing the decision, the Supreme Court aimed to establish "a framework for the sentencing judge to use in sentencing an aboriginal offender" ( Gladue,para 28). The framework it set out is as follows ( Gladue, para 93):

1. 718.2(e) is a remedial provision aimed at addressing the over incarceration of aboriginal people. Sentencing judges have a statutory duty to give force to the provision and are encouraged to use restorative approaches to sentencing.

2. 718.2(e) should be read with other provisions in Part XXIII of the Criminal Code, which state the purpose and principles of sentencing, and which places emphasis on decreasing the use of incarceration.

3. Sentencing is an individual process. Judges should ask, what is a fit sentence for this accused for this offence in this community? For aboriginal offenders, this requires a different method of analysis which considers:

1. Unique systemic or background factors that have played a part in bringing the aboriginal offender before the court, and;

2. Types of sentencing procedures/sanctions appropriate in the circumstances for the offender because of his/her aboriginal heritage or connection.

4. In determining an appropriate sentence for an aboriginal accused,

1. Judges should take judicial notice of systemic and background factors, and the priority given to restorative approaches in Indigenous approaches to justice.

2. Pre-sentence reports should provide information pertaining to (a) and (b) above, unless this requirement is waived by the aboriginal offender. Counsel has duty to assist in gathering this information.

3. Incarceration should be seen as a sanction of last resort; if there are no alternatives to incarceration, length of term must be carefully considered.

5. 718.2(e) applies to all aboriginal offenders regardless of whether they live on- or off- reserve. The relevant "aboriginal community" is to be defined broadly, and an aboriginal offender in an urban centre not having networks for support does not relieve the sentencing judge of the obligation to find an alternative to imprisonment. Absence of alternative sentencing programs specific to an aboriginal community does not eliminate the ability of a judge to craft a sentence that takes into account the principles of restorative justice, and the needs of the parties involved.

6. While the application of 718.2(e) may mean that an aboriginal offender may have a shorter jail term than a non-aboriginal offender for the same offence, the provision should not be considered an automatic reduction of sentence. The use of alternatives to imprisonment should not be considered a more lenient sentence. As the traditional sentencing goals of deterrence, denunciation and separation are still relevant, it is likely that the more serious or violent the crime, the more likely that terms of imprisonment will be the same for offences and offenders whether aboriginal or not.

With regard to Jamie Gladue, the Supreme Court found that the sentencing judge had erred in limiting the application of s. 718.2(e) to Indigenous offenders living on-reserve or in rural areas. The judge did not consider the background or systemic factors that may have been involved in the circumstances of the crime, and counsel did not assist in providing this information.

Moreover, the Court of Appeal judges should have reviewed the fresh evidence added at trial and, if necessary, should have remitted the matter to the trial judge with instructions to obtain information on the circumstances of the appellant as an Indigenous offender.

The Court also determined that the aggravating factors of the offence must be taken into account, as they would be for any offender. For Ms. Gladue, a sentence of three years' imprisonment was deemed reasonable.

Finally, the Supreme Court noted that Ms. Gladue was granted day parole after serving six months in prison. The conditions imposed were that she reside with her father, take alcohol and substance abuse counselling and comply with the Electronic Monitoring Program. Six months later, the appellant was granted full parole with the same conditions as the ones applicable to her release on day parole. The Court found that the results of the sentence were in the interests of the appellant and society and that, therefore, a new sentencing hearing to canvass the appellant's circumstances as an Indigenous offender would not be necessary. The appeal was dismissed.

2.3.5 Reactions to the Supreme Court's Decision

The Supreme Court's decision in Gladue was praised by many for recognizing the ways that the criminal justice system has failed Indigenous people (Haslip 2000; Nowlin 2004; Roach and Rudin 2000; Roach 2009), and the need for culturally appropriate sanctions and sentences (Drummond 1997; Proulx 2005). In particular, it recognized that systemic and background factors should be considered in sentencing Indigenous persons living off-reserve or without status (Roach and Rudin 2000; Proulx 2005). Many responded favourably to what they saw as a recognition of the relevance of social context in determining an appropriate sentence (Williams 2008, Cameron 2008, Ozkin 2012). Gladue recognized the cumulative effects of colonialism on Indigenous communities, as well as "how widespread racism has translated into systemic discrimination in the criminal justice system" (para 61).

However, as s. 718.2(e) was controversial when it was enacted by Parliament, the Gladue decision also faced political backlash. Political and subsequent media critique were generally of the view that Gladue was unfair for non-Indigenous offenders because it was a "race-based discount" on sentencing. Closely linked is the critique that Gladue would be inconsistent with the principle of sentencing parity (s. 718.2(b)). During parliamentary debates, Bloc Québécois and Reform Members of Parliament critiqued the section on formal equality grounds, questioning the differential treatment of Indigenous offenders. In one news story, in which a drunk driver who was Indigenous received a conditional sentence, the step parent of the child who was killed complained that "a treaty card is like a get out of jail free card" (Roach and Rudin 2000). Another editorial columnist wrote: "we believe that no one should get special treatment before the courts based on their skin colour" (Roach and Rudin 2000).

While as the independent third branch of government, the court does not base its decisions on political criticism, public opposition of Gladue could undermine the progress made by the decision. Public criticism grounded in formal equality points, perhaps, to the need for more education and information on the concept of substantive equality on which constitutionally entrenched equality rights are based. As explained in the next section, in R v Ipeelee, the Court addresses these critiques and explains that differential treatment is at times needed to achieve true equality.

Roach and Rudin (2000) point out that while 718.2(e) is a remedial provision rooted in the concept of substantive equality, the Court is "sending messages about the need for both different and similar treatment of aboriginal offenders" (p. 381). Gladue recognizes that overrepresentation is an indication that the criminal justice system is discriminatory towards Indigenous peoples. Hence, a different methodology that considers different factors is needed in sentencing Indigenous offenders. Yet, the Court also states that even after these factors are considered, Indigenous offenders may receive the same sentence, especially in cases of serious or violent crimes. For Roach and Rudin, the most ambiguous section of Gladue is whether the same principles applied to serious and violent crimes.

Other academic and political critique question why s. 718.2(e) focuses on ethnic background instead of proportionality, a fundamental principle in sentencing (Anand 2000; Stenning and Roberts 2001); as well as if sentencing is the appropriate place to address overrepresentation (LaPrairie 1990; Rudin 2005). These critiques are addressed by the Supreme Court in R v Ipeelee.

2.4 Subsequent Jurisprudence

2.4.1 R v Ipeelee

Thirteen years after the Gladue decision, two cases of breaches of Long-Term Supervision Orders (LTSOs) were appealed to the Supreme Court. The cases of Manasie Ipeelee and Frank Ladue were addressed together in the 2012 R v Ipeelee decision, in which the Court examined the issue of whether s. 718.2(e) was applicable to breaches of LTSOs.

Facts of the Case

Ipeelee

Manasie Ipeelee was a 39-year-old Inuk man born and raised in Iqaluit, Nunavut living in Kingston, estranged from his family. His mother was an alcoholic and died when he was young. He began drinking at 11 and became an alcoholic; he was first involved with the criminal justice system at 12 years old. His adult criminal record "shows a consistent pattern of... administering gratuitous violence against vulnerable, helpless people while he is in a state of intoxication" (para 9). He was designated a Long Term Offender in 1999, when he sexually assaulted a homeless woman, causing bodily harm. On August 20, 2008, he was found publically intoxicated in Kingston, a breach of his LTSO condition to abstain from alcohol.

Mr. Ipeelee pled guilty to the breach. His Inuit status was not given significant weight during sentencing. On appeal, the Ontario Court of Appeal acknowledged that his Inuit status should have been considered, but found the sentence of three years imprisonment to be appropriate.

Ladue

Frank Ralph Ladue was 49 years old and a member of the Ross River Dena Council Band, a small community in the Yukon. Both of his parents were alcoholics and died when he was very young. At five years old, he was sent to residential school for four years, where he alleges that he suffered serious physical, sexual, emotional, and spiritual abuse. Upon returning to his community at 9 years old, he could no longer speak his traditional language to communicate his experiences with his family; as a result, he began drinking and acting out. With the exception of a six-year period of sobriety in the 1990s, during which he had no criminal convictions, Mr. Ladue drank heavily throughout his life and also began using illicit drugs while in a federal penitentiary.

Mr. Ladue was first convicted of an offence when he was 16 years old. He had a series of sexual offences, which led to his characterization as a "serial sex offender." He was designated a Long Term Offender when he broke into a woman's home and sexually assaulted her. After his sentence, he was supposed to be released to a halfway house in Kamloops where he would have received support from an Indigenous elder. However, he was instead arrested and detained for the duration of an outstanding DNA warrant - an administrative error by Crown officials. As a result, he was released to a different halfway house in downtown Vancouver, despite concerns that drugs were accessible both at the residence and in the surrounding neighbourhood. Mr. Ladue breached his LTSO condition when he was asked for a urine sample and it tested positive for cocaine.

The Supreme Court's Decision

In a strong majority decision, the court held that s. 718.2(e) applied to breaches of LTSO conditions, affirming and clarifying the principles set out in Gladue, as well as addressing a number of critiques. Mr. Ipeelee's sentence was reduced to one year, and the BC Court of Appeal's decision to reduce Mr. Ladue's sentence to one year was upheld.

The court articulated the principles of sentencing which were codified in 1996. Sentencing is an individual process that assesses all relevant factors and circumstances of the offender. The fundamental principle is that sentences must be proportional to both (1) the gravity of the offence and (2) the degree of responsibility of the offender. As a long standing principle central to the sentencing process, proportionality is consistent with s. 12 of the Charter and can also be described as a principle of fundamental justice. The court clarified that Gladue does not set out an alternative sentencing method disregarding proportionality, but rather, judges must take Gladue factors into consideration in order to craft a just sentence that is proportional to the gravity of the offence and to the degree of responsibility of the offender.

In other words, until s. 718.2(e) was enacted, sentences for Indigenous offenders were often not consistent with the proportionality principle, because they did not consider the factors set out in Gladue. If Gladue recognized the extent of the Indigenous over incarceration problem ( Ipeelee, para 58), Ipeelee is an explicit acknowledgement of Canada's complicity in creating this problem and contributing to its perpetuation. The Court acknowledges that the Canadian criminal justice system has "failed the Aboriginal peoples of Canada" (para 57), a recognition of both the culturally inappropriate nature and the systemic discrimination of the criminal justice system. It was also made clear that judges have a duty to take judicial notice of systemic and background factors, including: the history of colonialism, displacement, residential schools and how that continues to translate to lower educational attainment, lower income, higher unemployment, higher rates of substance abuse and suicide, and higher rates of incarceration (para 60).

Justice Lebel addressed what he called "a fundamental misunderstanding and misapplication of both s. 718.2(e) and this Court's decision in Gladue " (para 63). In particular, the Court responded to the following related criticisms:

(1) Sentencing is not an appropriate means for addressing overrepresentation

While the issue of overrepresentation is complex, the roots of which extend far beyond the criminal justice system, judges, as front-line workers, have a limited, but important role to play (para 69). As judges have discretionary power and can significantly impact an offender's experience in the criminal justice system, they can endeavor to reduce crime rates in Indigenous communities, rehabilitate offenders, and ensure that systemic factors do not lead to discrimination in sentencing.

The purpose of sentencing is to promote a just, peaceful, and safe society through imposing just sanctions that are consistent with the principle of proportionality, and a just sanction is one that does not "operate in a discriminatory manner" (para 68). Gladue factors are not "hijacking the sentencing process in pursuit of other goals" (para 68); rather, they ensure that sentences for Indigenous offenders are not discriminatory, ensuring that sentencing fulfills its fundamental purpose.

(2) Gladue principles are a "race-based" discount on sentencing

The Gladue decision had stated explicitly that s. 718.2(e) is not an automatic reduction of a sentence; but even still, there have been critiques that the likely outcome is that an Indigenous offender will either not be sentenced to incarceration, or be given shorter sentences. The Court's response to this was two-fold.

First, it is necessary to consider systemic and background factors for Indigenous offenders to ensure that sentences are proportional to the degree of responsibility of the offender. As criminal liability follows from voluntary conduct, the reality that Indigenous offenders have been restrained by their systemic and background circumstances may diminish their level of moral culpability. Failing to take such factors into account would mean that sentences are not proportional to the degree of responsibility of the offender. Such circumstances may also mean that "a sanction that takes account of the underlying causes of the criminal conduct may be more appropriate than one only aimed at punishment per se" - in other words, restorative justice approaches may be more appropriate.

Additionally, directing judges to find more culturally appropriate sanctions will more effectively achieve the objectives of sentencing. Gladuefactors address the fact that Indigenous people are less likely to be "rehabilitated" by imprisonment, because prisons are often culturally inappropriate and rampant with racial discrimination. Ipeelee recognizes that not all offenders and all communities share the same world view "with respect to such elemental issues as the substantive content of justice and the process of achieving justice" (para 74); and these differences must be considered if the criminal justice system is to be effective.

(3) Gladue violates the principle of sentencing parity (as articulated in s. 718.2(b)) because it creates unjustified distinctions between offenders who are otherwise similarly situated

The sentencing parity critique is premised on the argument that Indigenous offenders are similarly situated to non- Indigenous offenders when their circumstances and history are, in fact, unique. Indeed, "poverty and other incidents of social marginalization may not be unique, but how people get there is. No one's history in this country compares to Indigenous people's" (para 77). In addition, background and systemic factors are also taken into account for non-Indigenous offenders (para 77).

The Court cautioned that a formalistic approach to sentencing parity should not undermine the remedial purpose of s. 718.2(e): "to treat aboriginal offenders fairly by taking into account their difference" (Roach and Rudin 2000, p. 380). As Canada is a diverse society that is far from achieving perfect equality, the same treatment will have differential impact on different individuals. It is for this reason that s.15 Charter jurisprudence takes a substantive, rather than a formal approach to equality; and that affirmative action programs are constitutionally protected in s. 15(2) of the Charter. As no two offenders appearing before the courts will have the same circumstances, s. 718.2(b) does not require that there is no disparity in sentencing, but rather that disparity in sentences are justified (para 79). For Indigenous offenders, differences are justified based on unique systemic and background factors.

In addition, the Court clarified that offenders are not required to establish a causal link between systemic and background factors and the offence itself. Factors like intergenerational trauma and the legacy of colonialism are not seen as excuses for criminal conduct, but rather considerations for an appropriate sentence. Finally, s. 718.2(e) and Gladue factors apply to all Indigenous offenders, regardless of the seriousness of their offence. Failing to apply Gladue would be failing a statutory obligation, and would result in an unfit sentence that is inconsistent with the fundamental principles of proportionality.

2.4.2 Commentary on the Ipeelee Decision

The Ipeelee decision was seen as a reaffirmation and expansion of the Court's decision in Gladue. Rudin (2012) writes, "the decision goes beyond Gladue in its analysis, its acknowledgement of the realities of colonialism and its strong defence of the need to sentence Aboriginal offenders differently" (para 2). In the thirteen years since Gladue, as the Indigenous prison population has continued to rise, Ipeelee is seen as a call to action for criminal justice system participants to meaningfully adhere to Gladue principles (Green 2012; Parkes et al. 2012). The decision renewed interest in s. 718.2(e), creating momentum for programs, tools, and resources.

Proportionality as a principle of fundamental justice

Beyond addressing the criticisms of Gladue, some authors found the Court's discussion of proportionality to be significant, particularly as a potential basis for future Charter challenges to mandatory minimum sentences (Roach 2012). Justice Lebel writes,

"This principle was not borne out of the 1996 amendments to the Code but, instead, has long been a central tenet of the sentencing process... It also has a constitutional dimension, in that s. 12 of the Canadian Charter of Rights and Freedoms forbids the imposition of a grossly disproportionate sentence that would outrage society's standards of decency. In a similar vein, proportionality in sentencing could aptly be described as a principle of fundamental justice under s. 7 of the Charter" (para 36, emphasis added).

Some view this as the constitutional entrenchment of the proportionality principle by a majority of the Supreme Court. For some authors, Ipeelee gives judicial discretion in the sentencing process constitutional status, which provides a more substantial basis to Charter challenges to mandatory minimum sentence cases (Sylvestre 2013). Roach (2012) also notes that proportionality may have been introduced as a principle of fundamental justice; however, it is still unclear whether Lebel's statement is a legally binding portion of the decision.

Recognizing social context in sentencing

Roach (2012) views Ipeelee as a "more contextual and offender-sensitive vision of proportionality" (p. 231). The fundamental principle of proportionality is that sentences must be proportionate to both the gravity of the offence and the degree of responsibility of the offender. Courts have typically focused on assessing the former, and have not significantly developed the latter. With Ipeelee, Sylvestre (2013) argues that the Court is moving towards a concept of shared or collective responsibility for crime grounded in the notion of "degree of responsibility of the offender."

While criminal theory has traditionally been based on individual responsibility, Sylvestre suggests that courts have "created some space for considering social, economic, and political aspects of crime" (p. 22). In R v Nasogaluak, in which an Inuk man was violently arrested and detained, the Court clarified that state misconduct was a relevant mitigating factor in sentencing. Sylvestre argues that Ipeelee moves beyond individual instances of state misconduct in Nasogaluak to consider the role of the state in the perpetration of the crime as it relates to the degree of responsibility of the offender:

"Most specifically, the Court examines the role of the criminal justice system itself, as well as that of the state more generally, in violating fundamental human rights and creating conditions of social and economic deprivation that may create conflicts that are criminalized... Such a discussion is grounded in the concept of 'degree of responsibility'" (p. 7-8).

The decision not only notes that Correctional Services Canada's administrative error caused Mr. Ladue to be placed in an environment in which he would be vulnerable to breaching his LTSO, but also that his breach is directly connected to his addiction to opiates, which he began using in a federal penitentiary (paras 27-30). This, according to Sylvestre, acknowledges the responsibility of the criminal justice system itself in the perpetration of crime. In addition, the Court's reasoning that background and systemic factor affects the offender's level of blameworthiness, and hence the degree of responsibility of the offender, implies a broader understanding of crime and responsibility. Specifically,

"a conception of responsibility that socializes individual choice, emphasizes the collectivization of risk and draws moral condemnation to the social, economic and political order in which societal conflicts are embedded" (p. 9).

In other words, the Court's reasoning in Ipeelee appears to be moving towards a conception of criminal responsibility in which an individual's degree of responsibility is reduced by the social, economic, and political circumstances that informed the offence. Sylvestre supports extending the use of social context in sentencing to other offenders "undergoing state violence and systemic discrimination such as poor and homeless people, immigrants and racial minorities" (p. 10). However, Ipeelee's contextual approach has not been widely adopted outside of the Indigenous offender context (Ozkin 2012). For example, while the Ontario Court of Appeal in R v Borde accepted that "systemic and background factors relating to African-Canadians might be taken into account in sentencing if the factor played a role in the commission of the offence", it held that judges did not need to take judicial notice of systemic and background factors for African-Canadian offenders.

Nevertheless, Ipeelee further enunciates the proportionality principle, and is clear that "proportionality must not only denounce crimes and reflect concerns for victims, but also ensure justice for the offender" (Roach 2012, p. 230).

2.4.3 Notable Application of Gladue by Courts of Appeal across Canada

Beyond the application of s. 718.2(e) to sentencing criminal offences, Gladue factors have been applied whenever an Indigenous person's liberty is at stake. As stated in Gladue, relevant factors should be considered by all decision-makers who have the power to influence the treatment of Indigenous offenders in the justice system." Some notable cases include:

R v Sim 2005 CanLII 37586 Ont CA

Gladue factors were relevant to a Review Board disposition of an Indigenous person found not criminally responsible.

R v Jenson 2005 CanLII 7649 Ont CA

Gladue factors are relevant to determinations of period of parole ineligibility in sentencing, even if the offender receives a life sentence.

Frontenac Ventures Corporation v Ardoch Algonquin 2008 ONCA 534

In sentencing Indigenous individuals found in civil contempt of Court for engaging in a peaceful protest, Gladue factors were applicable.

R v Sutherland 2009 BCCA 534

Gladue factors were considered in the decision to modify s. 161 orders prohibiting the offender from attending a community centre where there were culturally appropriate rehabilitation programs.

United States v Leonard, 2012 ONCA 622

In an extradition case involving an Indigenous person, it was held that Gladue factors were relevant to a determination of whether an individual's personal circumstances would make extradition contrary to s. 7 of the Charter.

Gladue factors should also be considered when prosecutorial discretion is exercised about whether to prosecute domestically or to extradite.

R v Kokopenace 2013 ONCA 273

Gladue factors were considered in determining whether the State made reasonable efforts to ensure representative inclusion of Indigenous people in jury selection.

Twins v Canada (Attorney General) 2016 FC 537 (CanLII)

Parole Board of Canada and its Appeal Division must consider Gladue factors when making decisions.

Footnotes

Footnote 4

Footnote 5

Footnote 6

Data taken from Adult Correctional Statistics in Canada, 2014/2015, and Youth Correctional Statistics in Canada, 2014/2015, Juristat 85-002-X 2014/2015

Footnote 7

Footnote 8

Footnote 9

Footnote 10

Gevikoglu (2013) discusses renewed interest in s. 718.2(e). The Gladue Handbook developed by the University of Manitoba cites Ipeelee as a call to action. Gladue-related programming will be discussed further in section 4.

Footnote 11

Footnote 12

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Spotlight on Gladue: Challenges, Experiences, and Possibilities in Canada's Criminal Justice System

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The overrepresentation of Indigenous persons in Canadian prisons began at the end of the Second World War (Rudin 2008) and remains a well-documented reality based on abundant scientific and statistical documentation (Department of Justice Canada 2017). A quick look at the recent statistical data shows that the measures taken to combat this reality have not yet produced the desired results.

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View the most recent version.

Release date: November 2, 2020

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The COVID-19 pandemic has had significant health and socio-economic impacts on First Nations people, Métis, Inuit and non-Indigenous populations, and has caused an unprecedented downturn in employment and hours worked across Canada.

Recent research based on crowdsourcing data collection initiatives has indicated disproportionate impacts of the COVID-19 pandemic on Indigenous participants, including on their mental health and on their ability to meet financial obligations or essential needs (Arriagada et al., 2020b, 2020c). Indigenous women, in particular, have reported stronger negative impacts. The disproportionate impacts of the pandemic on Indigenous people can be linked to pre-existing vulnerabilities, including long-lasting and persistent disparities in socio-economic conditions (Arriagada et al., 2020a).

Prior research further showed that labour market impacts of the 2008/2009 recession were greater for Indigenous people than for non-Indigenous people, with the downturn lasting longer and the recovery being slower (Moyser, 2017; Usalcas, 2011). In this context, the labour market impacts of the COVID-19 pandemic could be greater for Indigenous people as well.

This paper uses monthly data from the Labour Force Survey (LFS) to examine the labour market impacts of the COVID-19 pandemic on Indigenous people from March to August 2020. Trends in employment, unemployment and labour force participation are examined by Indigenous identity as well as by sex and age group.

To reduce sampling variability, data are averaged across separate three-month periods, starting with the three-month period ending in February 2020, before most measures to slow the spread of COVID-19 were implemented, and ending in the three-month period ending in August 2020, six months into the pandemic. Data are also compared on a year-over-year basis, as they are not seasonally adjusted.

The LFS provides the timeliest data available on labour market characteristics of Indigenous people in Canada. It should be noted, however, that the LFS is not conducted on reserve, uses a different methodology to survey the Territories and does not include some remote communities. Because of these limitations, data in this report refer to Indigenous people living off reserve in the provinces.

Because of sample size and coverage limitations, it was not possible to provide detailed analysis separately for First Nations people, Métis and Inuit. However, summary labour market indicators for First Nations people living off reserve and Métis are presented in the appendix.

Similar initial decreases in employment among Indigenous and non-Indigenous people, but more recent trends have differed

There were more than 60,000 fewer Indigenous people employed in the three months ending in May 2020, compared with the three months ending in February 2020 (Table 1). This lowered the employment rate among Indigenous people living off reserve in the provinces from 57.0% to 50.7%. Employment then partially rebounded in the three months ending in August 2020, with the employment rate reaching 51.9%, still well short of its pre-pandemic level.

Early employment losses among non-Indigenous people were of a similar scale, with the employment rate falling from 61.2% in the pre-pandemic period to 54.2% during the three months ending in May 2020, before partly rebounding to 58.0% in the three months ending in August 2020.

Thus, while employment among both Indigenous and non-Indigenous people initially declined by a similar share, employment among Indigenous people has been slower to recover. Year-over-year, the employment rate in June-August 2020 was down 6.9 points among Indigenous people and down 5.0 points among non-Indigenous people.

﻿

Indigenous

Non-Indigenous

June to August 2019

December 2019 to February 2020

March to May 2020

June to August 2020

June to August 2019

December 2019 to February 2020

March to May 2020

June to August 2020

15 years and over, both sexes

15 years and over, women

15 years and over, men

Increases in unemployment among Indigenous people similar to that of non-Indigenous people, though starting from a higher base

Prior to the pandemic, the unemployment rate among Indigenous people was 1.8 times the rate among non-Indigenous people, reflecting long-lasting disparities in labour market conditions. In the three months ending in May 2020, the unemployment rate increased sharply for both Indigenous and non-Indigenous people. It increased by 6.6 percentage points among Indigenous people living off reserve in the provinces, to 16.6%, and by 6.2 percentage points among non-Indigenous people, to 11.7% (Chart 1).

However, in the three months ending in August 2020, the unemployment rate decreased for non-Indigenous people to 11.2%, but was little changed among Indigenous people at 16.8%, further indicating that the recovery has been more challenging for Indigenous people.

Much of the increase in unemployment among Indigenous people was driven by workers being temporarily laid offNote 1. The share of unemployed who reported being temporarily laid off grew from 7% in the pre-pandemic period to 35% in March-May 2020. The share then declined to 17% in June-August, still much higher than typical levels. During the same period in 2019, temporary lay-offs accounted for only 3% of all unemployed. A similar trend was noted among non-Indigenous people.

Data table for Chart 1
﻿

3-month average end date

May-15

Aug-15

Nov-15

Feb-16

May-16

Aug-16

Nov-16

Feb-17

May-17

Aug-17

Nov-17

Feb-18

May-18

Aug-18

Nov-18

Feb-19

May-19

Aug-19

Nov-19

Feb-20

May-20

Aug-20

percent

Indigenous people living off-reserve

13.0

12.4

12.1

13.1

13.6

12.0

11.1

12.4

12.3

11.3

9.9

10.1

10.3

10.7

9.1

11.0

10.8

10.0

9.1

10.0

16.6

16.8

Non-Indigenous population

7.0

6.9

6.3

7.2

7.2

6.9

6.2

6.7

6.7

6.3

5.5

5.8

6.0

6.0

5.2

5.7

5.7

5.7

5.1

5.5

11.7

11.2

Indigenous men and women were similarly impacted in the early months of the pandemic, but labour market conditions have since been more challenging for Indigenous women

Despite similar labour market impacts among Indigenous women and men in the first three months after the start of the pandemic, employment and unemployment levels among Indigenous women have subsequently remained further from their pre-pandemic levels.

From the three-month period ending in February 2020 to the three-month period ending in May 2020, the employment rate declined from 58.5% to 51.7% for Indigenous men and from 55.6% to 49.9% for Indigenous women living off reserve in the provinces. Among Indigenous men, employment then rebounded in the three months ending in August to 55.6%, with the number of employed men reaching 96.5% of its pre-pandemic level (Chart 2).

By contrast, the employment rate for Indigenous women in the three months ending in August further decreased to 48.4%, with the number of employed Indigenous women falling to 88.4% of its pre-pandemic level. Year-over-year employment losses were also greater among women. Compared with the same period in 2019, the employment rate in the three months ending in August 2020 was 7.5 percentage points lower among women, and 6.2 percentage points lower among men.

Gender trends in employment during the pandemic can be driven by labour market conditions, as well as by the extent to which parents adjust their labour force participation as they balance work and family obligations. While the participation rate of Indigenous parents decreased for both men and women during the pandemic, the decline was greater for Indigenous mothers, in part because they are more likely to engage in unpaid work such as caring for children or family members.Note 2

Similarly, unemployment rates in the three months ending in May 2020 increased sharply and by a similar share for both sexes, rising by 6.9 percentage points to 19.5% among men, and by 6.3 percentage points to 13.6% among women. However, the unemployment rate for men decreased by 2.8 points to 16.7% in the following three months (June-August) but increased for women by an additional 3.2 points to 16.8%.

As these trends are not adjusted for seasonality, they may in part reflect differences in seasonal patterns in employment between Indigenous women and men. However, increases in unemployment were also higher for women on a year-over-year basis. Compared with the same period in 2019, the unemployment rate in the three months ending in August 2020 was up by 7.5 percentage points among Indigenous women and was up by 6.2 points among Indigenous men.
These trends are consistent with the socio-economic and labour market disparities between Indigenous men and women documented in previous studies. For example, studies based on the 2017 Aboriginal Peoples Survey (APS) showed that employed Métis women less often worked full-time than employed Métis men, and more often reported household income that was insufficient to cover necessary expenses (Hahmann et al., 2019). Similarly, First Nations employed women living off reserve were more likely than men to experience food insecurity, and more often worked part-time for involuntary reasons or to care for family members (Anderson, 2019).

Data table for Chart 2
﻿

Ratio of employment counts (2020)

March to May level as a percentage of December to February level

June to August level as a percentage of December to February level

percent

Sharp increase in unemployment among Indigenous youth reflects challenging summer job market

Youth aged 15 to 24 years are generally disproportionally impacted during economic downturns, with trends in employment and unemployment exhibiting more volatility compared with older workers (Bernard, 2013). For example, previous research has found that Indigenous youth aged 15 to 24 years have been more impacted by the 2008/2009 recession than Indigenous adults aged 25 years or older (Moyser, 2017). A similar finding is seen in the COVID-19 pandemic, highlighting the challenges faced by Indigenous and non-Indigenous youth in the summer job market in 2020.

The unemployment rate among Indigenous youth living off reserve in the provinces was 26.0% in the three months ending in August 2020, up 11.3 percentage points compared with the corresponding period in 2019 (Chart 3). This was the largest increase among all age groups. A similar trend was observed among non-Indigenous youth.

Similarly, in the three months ending in August 2020, the employment rate for youth was 47.1%, 11 percentage points lower than during the same period in 2019. In comparison, the employment rate declined by 4.6 percentage points on a year-over-year basis among adults aged 25 to 54 years and by 4.4 percentage points among those aged 55 years and over.

Data table for Chart 3
﻿

December-February

March-May

June-August

percent

15 years and over

10.0

16.6

16.8

15-24 years

15.7

26.0

26.0

25-54 years

8.2

13.9

13.5

55 years and over

10.4

16.9

16.4

Indigenous people are over-represented in occupations with larger employment declines during the pandemic

In comparison with the same period in 2019, employment among Indigenous people in the three months ending in August 2020 had declined the most among trades, transport and equipment operators and related occupations (-21,000 or -16%), sales and service occupations (-18,200 or -11%) and occupations in education, law and social, community and government services (-12,100 or -18%). These three occupation groups accounted for 82% of all year-over-year employment losses among Indigenous people.

Together, these occupation groups represented 57% of Indigenous workers and 47% of non-Indigenous workers in the three months ending in August 2020 (Chart 4). Employment declines in these occupations therefore partially explain why the downturn has been more severe among Indigenous people.

Data table for Chart 4
﻿

National Occupation Code (NOC)

Indigenous people living off-reserve

Non-Indigenous population

percent

Summary

Using monthly data from the Labour Force Survey, this paper examined the labour market impacts of the COVID-19 pandemic on Indigenous people from March to August 2020.

Although labour market impacts among Indigenous and non-Indigenous people were similar early in the pandemic, recovery up to the three-month period ending in August 2020 has been slower among Indigenous people. Employment and unemployment levels among Indigenous women, in particular, remain further from their pre-pandemic levels compared with Indigenous men. Indigenous and non-Indigenous youth were more greatly impacted compared with older adults, highlighting challenges faced by youth across the country in the summer job market of 2020.

Part of the greater labour market impacts among Indigenous people can be explained by their overrepresentation in certain occupations, such as trades, transport and equipment operators, as well as sales and service occupations, which have accounted for much of the employment declines since the start of the pandemic.

This article is the sixth of a series of releases aimed to inform on the economic, social and health challenges facing Indigenous people during the COVID-19 pandemic. The first two releases examined health and social vulnerabilities among those living in rural, remote and northern communities as well as vulnerabilities to socioeconomic impacts among those living in urban areas. Three releases further examined the impacts of the pandemic among Indigenous participants to recent crowdsourcing data collection initiatives, with a focus on mental health, financial vulnerability as well as perceptions of safety, both at home and in public.

Data source

The Labour Force Survey (LFS) is a household survey carried out monthly by Statistics Canada. The objectives of the LFS are to divide the working-age population into three categories in relation to the labour market - employed, unemployed, and not in the labour force - and to allow for characteristics of each of these groups to be examined. Starting in 2004, questions on Indigenous identity have been asked in the territories. In January 2007, these questions were extended to the provinces. Labour market indicators for the Indigenous population have been publically available since the fall of 2008.

Definitions

Employed: Number of persons who, during the reference week, worked for pay or profit, or performed unpaid family work or had a job but were not at work due to own illness or disability, personal or family responsibilities, labour dispute, vacation, or other reason.

Unemployed: Number of persons who, during the reference week, were without work, had looked for work in the past four weeks, and were available for work. Those persons on layoff or who had a new job to start in four weeks or less are considered unemployed.

The participation rate is the number of labour force participants (employed and unemployed) expressed as a percentage of the population 15 years of age and over.

The unemployment rate is the number of unemployed persons expressed as a percentage of the labour force.

The employment rate is the number of persons employed expressed as a percentage of the population 15 years of age and over.

For more information on concepts and definitions, see the Guide to the Labour Force Survey (Statistics Canada, 2020).

Limitations

As Indigenous people comprise 4.9% of the population (Census, 2016), multiple months of LFS data were combined to decrease sampling variability and to increase data quality. For this paper, three-month averages are used to produce estimates.

Although the LFS does produce data for the territories, a different methodology is used. As a result, estimates for the territories are not included in the national totals published monthly by Statistics Canada, and are not included in the estimates presented in this report.

Moreover, Inuit have a relatively small population of 65,025 (Census, 2016) and as of 2016, over half (52.6%) reside in Nunavut or the Northwest Territories. As such, a large proportion of them are not covered in this analysis and Inuit-specific employment statistics cannot be published from the data used here.

Furthermore, the LFS is not conducted on reserve. As such, estimates in this paper are limited to First Nations people living off reserve, Métis and Inuit living in the provinces. Finally, a number of remote and very rural areas in the provinces are not included in the LFS sample. These represent less than 1% of the Canadian population (Guide to the Labour Force Survey, 2020).

References

Anderson, T. (2019). " Employment of First Nations men and women living off reserve". Aboriginal Peoples Survey. Statistics Canada Catalogue no. 89-653-X. https://www150.statcan.gc.ca/n1/pub/89-653-x/89-653-x2019004-eng.htm.

Arriagada, P., Hahmann, T. & O'Donnell, V. (2020a). " Indigenous people living in urban areas: Vulnerabilities to the socio-economic impacts of COVID-19". StatCan COVID-19: Data to Insights for a Better Canada. Statistics Canada Catalogue no. 45-28-0001. https://www150.statcan.gc.ca/n1/pub/45-28-0001/2020001/article/00023-eng.htm.

Arriagada, P., Hahmann, T. & O'Donnell, V. (2020b). " Indigenous people and mental health during the COVID-19 pandemic". StatCan COVID-19: Data to Insights for a Better Canada. Statistics Canada Catalogue no. 45-28-0001. https://www150.statcan.gc.ca/n1/pub/45-28-0001/2020001/article/00035-eng.htm.

Arriagada, P., Frank, K., Hahmann, T. & Hou F. (2020c). " Economic impact of COVID-19 among Indigenous people". StatCan COVID-19: Data to Insights for a Better Canada. Statistics Canada Catalogue no. 45-28-0001. https://www150.statcan.gc.ca/n1/pub/45-28-0001/2020001/article/00052-eng.htm.

Bernard, A. (2013). " Unemployment Dynamics among Canada's Youth". Economic Insights. Statistics Canada Catalogue no. 11-626-X. https://www150.statcan.gc.ca/n1/pub/11-626-x/11-626-x2013024-eng.htm.

Hahmann, T., Robertson, H. & Badets, N. (2019). " Employment characteristics of Métis women and men aged 25 to 54 in Canada". Aboriginal Peoples Survey. Statistics Canada Catalogue no. 89-653-X. https://www150.statcan.gc.ca/n1/pub/89-653-x/89-653-x2019002-eng.htm.

Moyser, M. (2017). " Aboriginal People Living Off-Reserve and the Labour Market: Estimates from the Labour Force Survey, 2007-2015". The Aboriginal Labour Force Analysis Series. Statistics Canada Catalogue no. 71-588-X2017001. https://www150.statcan.gc.ca/n1/pub/71-588-x/71-588-x2017001-eng.htm.

Statistics Canada (2020). Guide to the Labour Force Survey, 2020. Statistics Canada, Catalogue no. 71-543-G. Ottawa, Ontario. https://www150.statcan.gc.ca/n1/pub/71-543-g/71-543-g2020001-eng.htm (accessed August 10, 2020).

Usalcas, J. (2011). " Aboriginal People and the Labour Market: Estimates from the Labour Force Survey, 2008-2010". The Aboriginal Labour Force Analysis Series. Statistics Canada Catalogue no. 71-588-X2011003. https://www150.statcan.gc.ca/n1/pub/71-588-x/71-588-x2011003-eng.htm.

Appendix

﻿

June to August 2019

December 2019 to February 2020

March to May 2020

June to August 2020

15 years and over, First Nations

thousands

15 years and over, Métis

thousands

percent

15 years and over, Non-Indigenous

thousands

percent

﻿

Indigenous

Non-Indigenous

June to August 2019

December 2019 to February 2020

March to May 2020

June to August 2020

June to August 2019

December 2019 to February 2020

March to May 2020

June to August 2020

15 to 24 years, both sexes

25 to 54 years, both sexes

55 years and over, both sexes

Unemployment (in thousands)

8.5

11.9

18.7

19.5 Note E: Use with caution

195.2

217.6

394.6

354.7

Unemployment Rate

7.8

10.4

16.9

16.4 Note E: Use with caution

4.6

5.1

9.7

8.5

Notes

Note 1.

Temporary layoffs refer to situations where employees have been temporarily released by their employer due to business conditions, but have a date of return to work or an indication from their employer that they will be recalled in the future (Statistics Canada, 2020).
Return to note 1 referrer

Note 2.

The labour force participation rate among Indigenous mothers with a youngest child aged 17 years or younger decreased 3.6 percentage points to 57.6% year-over-year in the three months ending in August 2020. In comparison, the labour force participation rate among Indigenous fathers declined 2.4 points to 66.1% over the same period.
Return to note 2 referrer

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Labour market impacts of COVID-19 on Indigenous people: March to August 2020

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This paper uses monthly data from the Labour Force Survey (LFS) to examine the labour market impacts of the COVID-19 pandemic on Indigenous people from March 2020 to August 2020. Trends in employment, unemployment and labour force participation are examined by Indigenous identity as well as by sex and age group.

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View the most recent version.

[an error occurred while processing this directive]11-402-x[an error occurred while processing this directive] [an error occurred while processing this directive]

Even before the 2008-2009 recession, Aboriginal people-North American Indian (or First Nations people), Métis and Inuit-had a harder time finding work and faced higher unemployment than non-Aboriginal people. The gap widened following the downturn, as Aboriginal people aged 15 and older (excluding those living on reserves or in the territories) experienced sharper declines in employment rates than non-Aboriginal people did.

In 2009, the average employment rate for Aboriginal people was 57.0%, compared with 61.8% for non-Aboriginal people. The gap in employment widened to 4.8 percentage points from 3.5 percentage points in 2008.

At the same time, the unemployment rate rose sharply for Aboriginal people, rising from 10.4% in 2008 to 13.9%. The rate for non-Aboriginal people rose from 6.0% to 8.1%.

Among Aboriginal people, the top employer of core-age workers (aged 25 to 54) in 2009 was the health and social assistance industry, followed by trade, construction and manufacturing. For non-Aboriginal people, trade was the top employer for core-age workers, followed by manufacturing, health care and social assistance, and professional, scientific and technical services.

In 2009, nearly 15% of employed core-age Aboriginal people worked in the health care and social assistance industry. Aboriginal employment in this industry increased by 12% or 4,000 jobs from 2008, outstripping the 2% increase in this industry among non-Aboriginal people.

Larger job losses among Aboriginal people

Canada's manufacturing industry posted the largest employment losses during 2009. Among non-Aboriginal manufacturing workers in the core-age group, employment declined by 8% or 14,000 jobs, with the bulk of the jobs lost in Ontario. At the same time, manufacturing employment among their Aboriginal counterparts fell by 30% or 7,000 jobs, with jobs mostly lost in the Western provinces.

In the construction industry, Aboriginal employment fell by 16% or 4,000 jobs, while it decreased by 5% or 45,000 jobs among non-Aboriginal workers.

Young workers hit by labour downturn

The labour market downturn had an especially large impact on young people (aged 15 to 24). From 2008 to 2009, the employment rate for Aboriginal youth (excluding those on reserves) fell by 6.8 percentage points, compared with a decline of 4.2 percentage points among non-Aboriginal youth. Both decreases were much larger than the employment losses experienced by core-age workers over this period.

In 2009, the employment rate was 45.1% for Aboriginal youth, whereas it was 55.6% for their non-Aboriginal counterparts.

While the period was a turbulent one in the labour market for youth and core-age adults, Aboriginal and non-Aboriginal people aged 55 and older were finding jobs, and so their employment rate increased slightly.

Core-age Aboriginal people in British Columbia and Alberta, two of the provinces hardest hit by the downturn, experienced more pronounced changes in their employment and unemployment rates than did their counterparts in other provinces.

In Alberta, the employment rate among core-age Aboriginal people fell from 75.1% in 2008 to 69.5% in 2009, more than double the drop seen among non-Aboriginal people. In British Columbia, the core-age employment rate among Aboriginal people fell to 65.1%, a drop of 5.6 percentage points and the lowest rate for Aboriginal people among all the provinces.

Education matters in the labour market

Educational attainment also played a role both before and during the downturn. Aboriginal people who had completed postsecondary education were not as affected: their employment rate declined to 79.4%, down 1.8 percentage points from 2008 to 2009. The employment rate for Aboriginal people with less than a high school diploma fell by 5.5 percentage points to 47.7%. Those with a high school diploma and some postsecondary education fared better, as their employment rate declined by 3.3 percentage points to 66.3%.

The employment rate among non-Aboriginal people with a completed postsecondary education was higher than that of their Aboriginal counterparts, but the decline in their employment rate was comparable at 1.5 percentage points.

View data source for chart 1.1

# data[].attributes.attachment_link.description
View the most recent version. [an error occurred while processing this directive]11-402-x[an error occurred while processing this directive] [an error occurred while processing this directive] Even before the 2008-2009 recession, Aboriginal people-North American Indian (or First Nations people), Métis and Inuit-had a harder time finding work and faced higher unemployment than non-Aboriginal people.

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Families of missing and murdered Indigenous women and girls met with participants of the 2016 National Roundtable at a separate gathering yesterday to discuss directly with provincial and territorial leaders their recommendations for achieving justice and ending violence.

Ontario Premier Kathleen Wynne provided an update on the Canada-wide prevention and awareness campaign committed to at the 2015 National Roundtable.

Alberta Indigenous Relations Minister Richard Feehan shared an update on work underway through the Aboriginal Affairs Working Group to develop a socio-economic action plan for Aboriginal women. The plan will present a comprehensive account of the challenges and barriers that adversely impact socio-economic outcomes for Aboriginal women. It will share best practices and identify collaborative means to improve socio-economic outcomes of Aboriginal women.

Federal Ministers Jody Wilson-Raybould, Dr. Carolyn Bennett and Patty Hajdu provided an update on the engagement process and planning for a National Inquiry on missing and murdered Indigenous women and girls. Participants shared their support for a National Inquiry and views on how to best engage and reflect regional interests and perspectives.

All participants want to acknowledge the excellent work accomplished at the 2016 Justice Practitioners' Summit, and will work to examine all of the recommendations contained within the report. The Summit gathered together nearly two hundred participants from across Canada representing experts and practitioners in three key sectors: victim services; policing; and prosecutions.

Roundtable participants expressed support for ongoing efforts among all governments and organizations engaged in ending violence against Indigenous women and girls.

2016 National Roundtable on MMIWG participants included families of missing and murdered Indigenous women and girls, Manitoba Premier Greg Selinger, Ontario Premier Kathleen Wynne, federal Ministers of Justice, Indigenous Affairs and Status of Women, provincial and territorial Ministers, Assembly of First Nations National Chief Perry Bellegarde, Congress of Aboriginal Peoples National Chief Dwight Dorey, Inuit Tapiriit Kanatami President Natan Obed, Métis National Council President Clément Chartier, Native Women's Association of Canada President Dawn Lavell-Harvard, Pauktuutit Inuit Women of Canada President Rebecca Kudloo, Les Femmes Michif Otipemisiwak / Women of the Métis Nation President Melanie Omeniho.

View the full list of participants to the 2016 National Roundtable on MMIWG here.

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MMIWG Missing and Murdered Indigenous Women and Girls and Ending Violence - Assembly of First Nations - AFN

# data[].attributes.attachment_link.description
Families of missing and murdered Indigenous women and girls met with participants of the 2016 National Roundtable at a separate gathering yesterday to discuss directly with provincial and territorial leaders their recommendations for achieving justice and ending violence. Ontario Premier Kathleen Wynne provided an update on the Canada-wide prevention and awareness campaign committed to at the 2015 National Roundtable.

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" Je pense que c'est à nous de nous battre maintenant. Moi, aujourd'hui, je veux juste remercier la guerrière Joyce. Elle s'est battue jusqu'au bout pour essayer de se défendre elle-même et elle a trouvé un moyen pour enfin faire bouger les choses. "

Suzanne Colpron
La Presse

Janis Ottawa a connu Joyce Echaquan, dont la mort, survenue lundi, continue d'ébranler le Québec à la suite de la diffusion d'une vidéo où elle se fait traiter d'" esti d'épaisse de tabarnouche " par une infirmière qui lui demande si elle a " fini de niaiser, câlisse ! ". Une femme timide, dit-elle, mère de sept enfants qui maîtrisait mal le français.

Le congédiement de l'infirmière, annoncé mardi par le premier ministre François Legault, a été suivi jeudi par le renvoi de la préposée impliquée dans l'évènement, à la suite d'une enquête interne menée par le Centre intégré de santé et de services sociaux (CISSS) de Lanaudière.

La famille de Joyce Echaquan annoncera vendredi qu'elle entame des poursuites judiciaires, notamment au civil, pour réclamer " une réparation juste et appropriée " en raison des circonstances entourant le décès de la femme, " combiné au traitement raciste et dégradant qu'elle a injustement et tristement subi ". C'est M e Jean-François Bertrand de Québec qui représente la famille. Une conférence de presse doit avoir lieu devant le Centre d'amitié autochtone de Lanaudière. M e Bertrand, les proches de M me Echaquan ainsi que le chef de Manawan, Paul-Émile Ottawa seront présents.

Janis Ottawa, 47 ans, enseigne à l'une des filles de M me Echaquan à l'école primaire de la communauté atikamekw de Manawan, à deux heures et demie de route de Joliette. " Depuis le début de l'année scolaire, on a beaucoup parlé ensemble ", confie-t-elle au téléphone.

" C'était une personne timide, qui ne parlait pas beaucoup et qui cherchait ses mots en français. Mais elle s'exprimait très bien en atikamekw. Moi, je communiquais le plus souvent en atikamekw avec elle et son mari, dans la langue maternelle, étant donné que j'enseigne uniquement dans cette langue. Mais c'était une bonne maman parce qu'elle répondait immédiatement chaque fois que j'avais des questions à lui poser. "

Si Janis Ottawa a une certitude, c'est que Joyce Echaquan ne serait pas morte si elle n'avait pas été admise au Centre hospitalier de Lanaudière.

" Moi, ce que je sais, c'est que Joyce n'aimait pas aller à ses rendez-vous à Joliette parce qu'elle avait toujours du mal à s'exprimer en français. Ce qu'elle dit en atikamekw dans la vidéo, c'est qu'elle cherchait de l'aide. Il ne fallait pas la laisser là, il fallait la sortir de là, parce qu'elle était vraiment maltraitée. Et ce n'était pas la première fois. Elle n'aimait pas, ça y aller. "

M me Ottawa se sent à la fois triste, en colère et coupable de la mort de M me Echaquan, qui avait 37 ans. " Le sentiment de culpabilité est très palpable dans notre communauté, explique-t-elle. On regardait la vidéo et personne n'est allé à temps la sortir de là. "

Porter plainte ?

Le mari de Janis Ottawa, mort d'un cancer du côlon en mai 2019, à 54 ans, a aussi été soigné au Centre hospitalier de Lanaudière. L'expérience est loin d'avoir été positive. " En février 2017, mon mari a consulté pour des douleurs abdominales insupportables, dit-elle. Il arrivait à ses rendez-vous et les infirmières n'étaient pas d'humeur à nous recevoir. Tu le voyais, c'était flagrant, une non-autochtone était bien reçue : "Eille ! Bonjour ! Ça va ?" Nous autres, on était reçus : "Donnez-moi le papier", puis c'est tout. That's it, that's all ", relate-t-elle.

M me Ottawa a songé à porter plainte contre l'hôpital à la suite du décès de son mari parce qu'elle estime qu'il n'a pas été bien soigné. Mais elle y a renoncé, comme bien d'autres membres de sa communauté, dit-elle.

Janis Ottawa

" On dirait que les gens avaient peur autour de moi quand j'en parlais. Même moi, ça m'a convaincue à un moment donné, je me disais : "J'ai peur, moi aussi." Il y en a qui ont déposé des plaintes et qui n'ont jamais eu de nouvelles. "

La triste réalité

Les mauvais soins de santé fournis aux Atikamekw n'étonnent pas Sébastien Brodeur-Girard, professeur à l'École d'études autochtones de l'Université du Québec en Abitibi-Témiscamingue et ex-codirecteur de la recherche à la Commission d'enquête sur les relations entre les Autochtones et certains services publics au Québec (commission Viens). Des histoires comme celles de M me Echaquan et de M me Ottawa, il en a entendu beaucoup, et plus particulièrement dans la région de Joliette.

" C'est sûr que les circonstances [de la mort de Joyce Echaquan] sont extrêmement dramatiques, et le fait de les voir en vidéo rend les choses encore plus intenses, émotivement. Mais est-ce que ça m'a surpris ? Non, parce que des cas comme ça, à Joliette, mais aussi sur la Côte-Nord, en Abitibi, partout au Québec où il y a des autochtones, c'est la réalité qui a été documentée par la commission Viens ", affirme-t-il.

Sébastien Brodeur-Girard, professeur à l'École d'études autochtones de l'Université du Québec en Abitibi-Témiscamingue

" Le site de la Commission regorge malheureusement de ces tristes histoires ", ajoute-t-il.

M. Brodeur-Girard assure que des autochtones " préfèrent gérer leur maladie eux-mêmes, quitte à en mourir dans certains cas extrêmes ", plutôt que d'aller à l'hôpital.

Le maire de Joliette, Alain Beaudry, assure de son côté ne pas avoir été témoin, " personnellement ", de racisme dans sa ville, même s'il reconnaît l'existence du problème. " Mais il y a des gens de cette communauté-là qui habitent dans notre communauté depuis plusieurs années. Et on n'a pas eu de problèmes majeurs avec ces gens-là. Sauf que pour eux, c'est peut-être plus difficile au niveau de l'emploi. "

Le corps de Joyce Echaquan sera exposé samedi au salon funéraire Saint-Félix-de-Valois. M me Ottawa tient à y aller. C'est une promesse qu'elle a faite à son élève.

- Avec la collaboration de Fanny Lévesque, La Presse

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Mort de Joyce Echaquan | "Ce n'était pas la première fois"

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" Je pense que c'est à nous de nous battre maintenant. Moi, aujourd'hui, je veux juste remercier la guerrière Joyce. Elle s'est battue jusqu'au bout pour essayer de se défendre elle-même et elle a trouvé un moyen pour enfin faire bouger les choses. "

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Missing and murdered Indigenous women - Wikipedia

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Missing and Murdered Indigenous Women (and Girls)

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Alexanny Guévremont - New Rant / Persuasive Speech

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Ça montre vraiment [l'ampleur] de la situation, lorsqu'on calcule [le taux d'homicide contre les femmes] sur une base quotidienne , souligne Myrna Dawson, directrice de l'Observatoire et professeure à l'Université de Guelph, en Ontario.

Selon l'étude, 53 % des victimes ont été tuées par leur conjoint.

Le contexte est très différent pour les femmes et les filles, parce qu'elles sont tuées le plus souvent par quelqu'un qu'elles connaissent, contrairement aux victimes masculines qui sont tuées la plupart du temps par un étranger ou une connaissance.

Myrna Dawson, auteure principale du rapport

Pour la professeure Dawson, ce caractère distinct signifie qu'il faut différents types de prévention.

Faits saillants de l'étude :

148 femmes et filles tuées en 2018 lors de 133 cas différents, y compris l'attaque au camion-bélier à Toronto;

Aucun accusé jusqu'à maintenant dans 12 des 133 cas;

Dans les autres cas, plus de 90 % des accusés sont des hommes;

53 % des meurtriers présumés étaient en couple avec la victime;

13 % des victimes ont été tuées par un membre masculin de leur famille (autre que le conjoint);

Les femmes et filles autochtones formaient 36 % des victimes, alors qu'elles ne représentent que 5 % de la population.

Ces données ont été compilées grâce à des articles de presse portant sur les homicides en question.

Des besoins en milieu rural

L'étude montre aussi que 34 % des femmes et des filles tuées en 2018 l'ont été en région, alors que seulement 16 % de la population habite en milieu rural.

Cet enjeu est clé en matière de prévention, selon Julie Lalonde, militante pour les femmes. Elle souligne que le financement gouvernemental pour les refuges pour femmes et les centres de lutte contre les agressions sexuelles est attribué en Ontario selon la population d'une région, ce qui signifie moins d'argent pour les secteurs ruraux.
L'argument est que les besoins sont moins grands [en milieu rural], dit-elle. Peut-être en matière de nombres [de victimes], mais les besoins sont plus complexes dans les communautés rurales, ce qui requiert plus de ressources, parce que les distances sont plus grandes et qu'il n'y a pas de transport public pour permettre aux victimes de s'enfuir.
Pour Mme Lalonde, il faut aussi contrer les mythes comme celui qu'une femme victime de violence conjugale n'a qu'à quitter son conjoint. On ne parle pas de choses comme le harcèlement criminel ou le fait que la plupart des femmes se font tuer après avoir quitté un conjoint [violent] ou lui avoir dit qu'elles le feraient.

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Une femme ou une fillette tuée tous les deux jours et demi au Canada

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Ça montre vraiment [l'ampleur] de la situation, lorsqu'on calcule [le taux d'homicide contre les femmes] sur une base quotidienne , souligne Myrna Dawson, directrice de l'Observatoire et professeure à l'Université de Guelph, en Ontario. Selon l'étude, 53 % des victimes ont été tuées par leur conjoint.

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Why thousands of indigenous women have gone missing in Canada

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Is Canada’s national inquiry into thousands of missing aboriginal women too little, too late?