‘Canada has fully invested in punishment’: How we can change a system that puts too many Indigenous people in jail

It’s been nine years since the Truth and Reconciliation Commission made 94 Calls to Action urging all levels of Canadian government to address the ongoing impact of residential schools. Progress has stalled. We asked three Indigenous writers how Canada can move the dial in the next year.
For over a year, I sat at my computer, transcribing the life stories of inmates. In listening to their histories and what happened in their lives before prison, my understanding of intergenerational trauma was coming full circle.
Thirteen years earlier, my father had been in the same position, in the same institution. He was in and out of incarceration throughout my childhood. We shared visits from cold metal seats, separated by plexiglass barriers.
In 2019, Sandra Bucerius invited me to become a research assistant for the University of Alberta Prison Project (UAPP),​ the largest study on Canadian prisons thus far. The UAPP findings show that ​​95 per cent of the 800 inmates interviewed were victims of physical and/or sexual abuse long before they were offenders — known as the victim/offender overlap. Of those interviewed, 40 per cent self-identified as Indigenous.
Us Indigenous people make up five per cent of the population in Canada, yet nearly one-third of us account for adult admissions to provincial, territorial and federal prisons. This mass incarceration of Indigenous peoples must be put in the context of our collectively shared trauma of schools and scoops, and how it continues to impact communities today.
Around the same time residential schools were implemented, the first large penitentiary was built in 1835. Not coincidentally, the RCMP was developed at the same time to control Indigenous populations. These systems emerged under John A. Macdonald, who expanded residential schools, all tools to segregate and “kill the Indian in the child.” These histories, institutions, and colonial practices reverberate in the prison system today.
How can we move toward a system focused on healing — taking this history of trauma into account — instead of systems of punishment?
“Canada has fully invested in punishment. But correcting this epidemic requires a full commitment to healing and rehabilitation led by Indigenous peoples,” said Justin Tetrault, senior researcher and project manager of the UAPP, who focuses on Indigenous peoples’ experiences with incarceration.
Research has shown that healing systems lower recidivism rates — and isn’t that the goal for all inmates?
The Calls To Action by the Truth and Reconciliation Commission narrow in on over-incarceration and call for funding for community sanctions and healing lodges as alternatives to federal institutions, which remain underfunded. To date, none have been ​fulfilled by the government, according to an annual report by the Yellowhead Institute. Since 2015, the problem has gotten worse — from 28 per cent to 40 per cent.
Reducing the overrepresentation of Indigenous peoples in prison requires multifold efforts; a constellation of services and supports working in tandem through release and pre-incarceration.
“Release is an option, but many of these people are extremely marginalized and re-enter society with no supports,” Tetrault points out. “They struggle to get jobs. Others return to homelessness or abusive households. Many struggle with addictions and need spiritual help when they get out. We can release people from prison tomorrow, but if they don’t have those supports, many return to the same circumstances that led them into the system.”
As we approach the 10-year anniversary of the TRC’s Call to Action, the government needs to work closely with nations and elders to remove all barriers that prevent restorative justice.
Interventions can happen in the court process. For instance, ensuring the Gladue Report is enacted each time an Indigenous person is sentenced. This pre-sentencing report considers an Indigenous offender’s unique experiences regarding residential schools, child welfare removal, physical and sexual abuse, and more.
Call upon 35 support healing lodges — ​prison alternatives informed by Indigenous teachings that were originally spearheaded by elders and activists — as opposed to federal institutions. They are not without flaw, but they prioritize healing over punishment. What could happen to the mass incarceration of Indigenous peoples if we had healing lodges for drug-related offences?
Consistent investment in Indigenous-led social services is crucial. Too many services face chronic funding instability, relying on small, short-term grants. “You have this cycle where these programs come and go,” Tetrault said. Options circulate via word of mouth, but people are released to find, “that those programs don’t exist anymore.”
Post-incarceration care ​​from services like these has been shown to lower recidivism rates. UAPP findings showed that some inmates will have basic supports in prison, such as elders they connect with, drug rehabilitation, and access to cultural supports, but when they are released, they’re left with nothing.
Plenty of initiatives exist but languish without adequate funding. I have seen some success firsthand with UAPP, which is working to create a non-residence healing centre for inmates post release, though they are awaiting funding. And its research has led ​​the local police service in Alberta to incorporate training on the victim/offender overlap in its recruitment and introduced victim services for incarcerated populations.
This is just one example spearheaded by elders, activists, nations and academics, but government investment is essential. The calls need to be answered.
As I learned of the victim/offender overlap through the voices of incarcerated people, memories of my father flashed before my eyes — stories of how his father was abusive, and how he was victimized sexually and physically as a young boy. In listening to the stories of those inmates, I was able to forgive my father for the harm he committed against our family. I was able to consider his life before me, and that allowed me to release the anger I held onto. As a victim, I was able to heal.
If we want to lower recidivism rates and rectify the mass incarceration of Indigenous people, this needs to be true for all victims. To bring our Indigenous kin home — and ensure they stay home.
The Indian Residential Schools Crisis Line is available 24 hours a day for anyone experiencing pain or distress as a result of a residential school experience. Support is available at 1-866-925-4419.