Overrepresentation of Indigenous Youth in Prisons in Manitoba (Research Paper Sample)

Overrepresentation of Indigenous Youth in Prisons in Manitoba Student's Name Institutional Affiliation Course Number: Course Name Instructor's Name Date Overrepresentation of Indigenous Youth in Prisons in Manitoba Introduction of the Social Justice Issue The world has systems by which people live by to maintain order in the society. In most countries, imprisonment is the most severe form of punishment imposed by the courts. Incarceration is a preferred form of punishment among many people as it involves the basic theoretical justifications of punishment including retribution, incapacitation, deterrence, rehabilitation and reparation. Canada is a very diverse country considering it consists of over 50 spoken Indigenous languages. Understandably, indigenous people are the distinct social groups that have social or cultural ancestral ties to the land or natural resources of their place of residence or areas from which they are displaced. The Canadian constitution highlights three major groups of Indigenous people who are; First Nations, Inuit and Metis. Manitoba is located in the traditional settings of the First Nations and Metis Nation. Understandably, Winnipeg, the capital of Manitoba has a record of the largest Indigenous population of any city in Canada. Who is affected? Why is the Issue important? The treatment of Indigenous people in Canada in comparison to the non-Indigenous ones is contentious and has been documented to negatively affect their well-being. The huge population of Indigenous people in Manitoba warrants the use of the case in this paper. The social conditions of the Indigenous people have been influenced by deprivation of cultural traditions, inequities existing in the society, discrimination and prejudice. Discrimination and prejudice are the chief reasons for overrepresentation of Indigenous people in the prisons in Manitoba. Even though the Indigenous people account for 4.5% of the Canadian adult population, they accounted for 31% of provincial custody and 29% of federal custody (“Understanding the Overrepresentation of Indigenous People - State of the Criminal Justice System Dashboard,” 2021). Furthermore, Indigenous youth contribute to 8% of Canada’s population with 46% of them being incarcerated, but in Manitoba the number rises to 81% for Indigenous males and 82% for the females (“Understanding the Overrepresentation of Indigenous People - State of the Criminal Justice System Dashboard,” 2021). Manitoba records 15% of Indigenous men, but 74% of those who are incarcerated. This paper explores the challenges faced by the incarcerated Indigenous youth, perceptions for Manitoba’s Indigenous population and methods of improving the prison system to handle the overrepresentation of Indigenous people. History of Overrepresentation Colonialism as a cause for continued overrepresentation of Indigenous youth in prisons There are various barriers and challenges facing the Indigenous youth in Canada which further cause the overrepresentation of the Indigenous youth in the prison system. One of the major reasons for overrepresentation of Indigenous people in Canadian prisons is the concept of colonialism (Luo, 2020). The colonial powers have always battled for the control of Indigenous lands and natural resources with various mechanism of control beings imposed. These mechanisms include restrictive legislation of the Indigenous people, violent relocation to reserves and other designated areas and the Indian Act. The Indian Act was a repressive and discriminatory legislation. This is because it enacted a series of repressive measures against the Indigenous people of Canada (Luo, 2020). They included; constraints on the use of mechanized farm implements by Indigenous farmers, banning of Ceremonial activities like the Sundance on the Prairies, loss of Indian status if one attained a specific level of education (Cesaroni et al., 2019). There were also aspects like the prevention of Indigenous groups from hiring lawyers and heavily fining lawyers who represented the Indigenous people. These are some of the major reasons that place the Indigenous people at a disadvantage. History of the Indian Act and its impact on the issue The Indian Act has been abolished in various aspects; however, there are various unsuccessful revising attempts of the legislation affecting Indigenous people. This includes the restriction on the granting of the Indian status which currently significantly affects Indigenous women and their children. There is also the reluctance to honor the provisions of treaties between the Indigenous people and the federal government. These claims include land claims and the promised benefits that remain unresolved by the federal government. It is essentially a great contributor to the marginalization of Indigenous people in Canada. Colonialism offers a highlight of the relationship between historical and political processes which have caused poverty for Indigenous people in Canada (Luo, 2020). Therefore, there is a conceptual and historical link of what has happened to the Indigenous people. Cultural alienation, territorial dispossession and socio-economic marginalization are significantly pronounced among the Indigenous people. The disposition process and marginalization have significant costs including crime and alcoholism which have contributed to overrepresentation of Indigenous people in the criminal justice system. Generally, the impacts of colonialism have led to overrepresentation of Indigenous people in the criminal justice system. Intergenerational trauma as a contributor to the issue There are various other causes of overrepresentation of Indigenous people in the criminal justice system other than the concept of colonialism. However, some of these causes can also be traced back to colonialism as a contributor. For instance, Indigenous people have been recorded to have significant intergenerational trauma stemming from various effects of colonialism (Wiley et al., 2020). Canada integrated residential schools which were in existence for about one hundred years. They were established purposely established to eliminate the parental influence or involvement in the cultural, spiritual and intellectual development of Indigenous people. The schools were places of torture which sought to rid the children of their culture and influence their conformation to the culture and beliefs of the non-Indigenous people. It is highlighted that more 150000 Indigenous children were forced to attend these schools that were very far from their homes (Wiley et al., 2020). This resulted to cumulative unresolved trauma that was eventually passed from generation to generation. The trauma therefore impacts the relationship between the Indigenous and non-Indigenous people which further influences the attitude the two groups have towards each other. The alienated treatment experienced in the residential schools has progressed and is further experienced in the society. Contemporary issues causing the issue Socio-economic marginalization Socio-economic marginalization is another key cause of differential treatment of Indigenous people that stems from colonialism. In 2015, the average income of the non-Indigenous population averaged at $46,449 while that of the Indigenous population was at $36,748 (Cesaroni et al., 2019). The rate of unemployment of Indigenous people was also recorded to be 81.6% while that of non-Indigenous people was at 65.8% (“Understanding the Overrepresentation of Indigenous People - State of the Criminal Justice System Dashboard,” 2021). The Indigenous people are also experiencing documented cases of substandard levels of housing, education and even healthcare. This significantly contributes to the quality of life experienced by the Indigenous people. Understandably, this is caused by the discrimination emanating from the earlier colonial days which contributed to the disparities experienced by Indigenous people (Hage & Fellows, 2018). These people were displaced from their territories which led to homelessness and a loss of sense of belonging. Their natural resources were then taken away from them resulting to a loss of a source of income that causes poverty among the Indigenous population. Over the years, the Indigenous people have been trying to rejuvenate their lives, however, the process is made more difficult by the current state of affairs that do not favor them (Hage & Fellows, 2018). Homelessness, poverty, alcoholism and crime are all effects of colonialism and they have also immensely contributed to the increased chances of incarceration for the Indigenous people. Difference in Culture The prisons in Manitoba have an overrepresentation of Indigenous people, which can be attributed to different causes emanating from colonialism. There is an existing difference in culture between the different Indigenous and non-Indigenous communities in Canada. Understandably, Canada has a youth population accounting for 8% but the youth comprise of 46% of prison admissions. The Youth Criminal Justice Act (YCJA) has often called for attention to the needs of the youth at the different points of the justice system (Luo, 2020). However, despite the various concerns raised, there has still been an increase in overrepresentation of youth in the correctional centers in the recent years. From the highlight of the various challenges of overrepresentation in the criminal justice system of the Indigenous people, it is evident that action needs to be taken to reduce the seemingly unfair process of incarceration of the Indigenous people. Ways through which the problem has been addressed previously The use of legislation to reduce the overrepresentation Various players in the justice sector have addressed the various aspects that might have led to the overrepresentation of the Indigenous youth in the criminal justice system. Understandably, when the Indigenous yout...