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Justice in Manitoba
There is only one federal Criminal Code in Canada but jail sentences are vastly different throughout various provinces and territories of Canada. The average (including Manitoba statistics) jail sentence of those convicted of criminal activity in Canada is 43 days. The national average would be much lower without Manitobas statistics included.
Canada is among the top three western countries in the world in the use of incarceration, 130 prisoners per 100,000 population. In Stony Mountain alone, there are currently 265 First Nation inmates so based on the national average the First Nation population should be over two hundred thousand people just for those in First Nation inmates in Stony Mountain. In Manitoba we are well above the national average.ArialManitoba judges hand out the longest jail terms in Canada. The average length of jail time in Manitoba is 115 days. If the province of Manitoba was a country it would lead the world in incarcerating its citizens. By comparison other western provinces had lower jail sentences, Saskatchewan 100 days, British Colombia 54 days and Alberta 30 days. Although the sentences are vastly different judges must use the same laws and the same standards for jail time as set out in the national Criminal Code of Canada. |
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First Nation people in Manitoba account for *11.8% of the provincial population but **61% of the inmates in jail in Manitoba are First Nation people. According to statistical information gathered in the 1996 Canada wide census, in Manitoba, a First Nation male is 25 times more likely to be sent to jail than a non-First Nation male. A First Nation female is 131 times more likely than a non-First Nation female to be sent to jail. Unfortunately none of this information should be surprising because it is not new.
Among the findings of the Manitoba Aboriginal Justice Inquiry report released a decade ago: Aboriginal detainees have a 21% chance of being granted bail, while non aboriginal detainees have a 56% chance. Incarceration rates in Manitoba have rarely been higher, recent count |
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1,187 inmates. The inmate count was so high that the province of Manitoba had to ask the federal correction services to house provincial inmates in Stony Mountain Institution, a federal penitentiary.
Given that there is only one federal Criminal Code, the guidelines for sentencing should be fairly consistent throughout Canada. Following the release of the 1996 Statistics Canada report, Justices of the Supreme Court of Canada were so concerned with the disproportionate number of First Nation inmates in jail that they came to Winnipeg to make public comments urging judges to find alternatives to jailing First Nation people.
Winnipeg has the largest First Nation population of any city in Canada. Winnipeg also has the second largest per capita police force in Canada, second only (in police officer to population ratio) to Thunder Bay Ontario, a much smaller city. Winnipeg also has the second largest per capita police force in Canada, second only (in police officer to population ratio) to Thunder Bay Ontario, a smaller city. Winnipeg has a population of 625,759. Funding for police has increased by 6% this year. Costs are constantly rising. Justice in Manitoba is big business.
* Aboriginal Justice Inquiry Report **Statistics Canada
It costs approximately $60,000.00 to jail one inmate for one year. At the current number of inmates nearly 1200 x $60,000.00 equals approximately 72 million per year. In ten years a minimum of 720 million dollars will be spent on incarcerating people in Manitoba. That does not include the cost of court process, appeals, legal aid paid for by the province, victim compensation, lost of employment productivity, lost of taxable income paid to governments, loss of manufacturing productivity etc.
Demographics indicate a crisis in the justice system will occur. In Boom, Bust and Echo 2000, authors David Foot and Daniel Stoffman shed light on some interesting statistic information. In Canada from 1947 to 1966 an explosive population growth occurred, a generation of babies affectionately known as the boomers. "Canada produced more than 400,000 new Canadians in each year of the boom, peaking at 479,000 in 1959."
* Page 24 Boom, Bust and Echo 2000
These 9.9 million boomers now account for one third of the population of Canada. Commercial production of the pill and other factors created a lull from 1967 to 1979. The children of the boomers which Foot and Stoffman label Baby-Boom Echo created a mini boom between 1980 to 1995. "At its peak, in 1990, the echo produced 406,000 babies from a population of 27.7 million, compared to 479,000 from a population of 17.7 million in 1959."
*Page 30 Boom, Bust and Echo 2000 |
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Maintaining a nations population requires 2.1 replacement children per family. First Nation children per family is far above replacement values with 35% of the First Nation population being 15 years of age and younger compared to the national average of 20% 15 years and younger. The First Nation population is also on average ten years younger than the general population in Canada.
Court statistics clearly indicate that younger people are more likely than older generations to commit crimes. It is also younger people who are more likely to be involved in protests. If the demographics are correct, this will be a generation of angry young natives. The baby boomers echo births which occurred from 1980 to 1995 would put a large First Nation youth population between the ages of four and eighteen years old. The oldest of this large generation will now be seen in adult courts. Were you wondering |
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why the Young Offenders Act was big news in Canada in the last few years?
Of some 4,437 communities ranked by income compiled from the 1996 Statistics Canada report, the bottom 200 communities are almost exclusively First Nation communities. The lowest average per capita income community of Carrot River 29A Saskatchewan, (a First Nation community) has only 5% ($4003.00 per capita) of the highest average per capita ($74,000.00) income of Rockcliffe Park, a community of 2000 and home to many of Ottawas elite.
* Source: The Globe and Mail
As a major city, Winnipeg has the worse child poverty in Canada and the largest urban First Nation population in Canada. Unemployment amongst most western First Nation communities is between 60 to 95%. Suicides, violence, and crimes of despair are rampant in many First Nation communities. ArialTogether with overcrowded dilapidated homes, below standard educational opportunities, a health care crisis and joblessness project a future (if demographics accurately predict trends) for young natives in Manitoba that will include lengthy prison terms. One in three native youth in Manitoba will be imprisoned for some length of time. The cost for Manitoba not only in damages but the need for increases in taxes to pay for the prison system demands changes in the justice system.
Canadas 9.9 million baby boomers will begin to enter a less productive stage with increased health care costs and as they retire will be unable to pay the same level of taxes to governments. Governments will be unable to meet the financial crisis of incarcerating thousands more First Nation people. Fifteen year olds are much more likely than 50 year olds to be involved in violent criminal activity. In such a state, fear is used to increase police ranks, to increase prison terms, and to lobby for tougher laws and judgements.
Canadian people will be unable to meet the economic crisis of incarcerating more First Nation people therefore governments will be looking at alternatives including cutting First Nation funding. With increased anger in the general public it will become an easier sell for politicians bend on shifting the blame to First Nations. Public anger at crimes like home invasions, armed robbery, murders where First Nation offenders kill white people like the Jeff Giles case increases the likelihood of reactive measures.
The membership of the very large Winnipeg Police Force pay into a police association which in turn hires lawyers to defend its members against any accusation or action either from the public or even from reprimands from senior management. In the years following the Manitoba Aboriginal Justice Inquiry the Winnipeg Police Association clearly developed an expertise in public relations. Obviously a reporter with close ties to the police is more likely to get exclusives or better information from police officers. Those reporters deemed negative to the police are unlikely to get any cooperation.
More detailed research is required on media reports in the area of justice. The impact of publicity in the Jeff Giles case has to be of concern to First Nations. Real hatred of innocent First Nation people can flow out of media reports especially if negative media reports are consistent over time. Demographics predict an increase in crime and First Nation youth will be in the news.
9.9 million boomers, those born between 1947 and 1966 are now between the ages of 33 and 52 years old. These are the people who elect governments. Demographically, they hold the balance of power in Canada. By the time a person reaches the age of 33, they have a strong sense of (positive or negative) values. It is difficult for a mature individual to change their values once they have become comfortable with them.
Good, bad or indifferent, the attitude towards First Nation people has already been formed by that age. What was taught in public school and in life experience, left unchallenged is now comfortable in these individuals. Many of them are now police officers, crown attorneys (prosecution), judges, magistrates, probation officers, guards, lawyers, and ministers in governments.
Nationally the First Nation population represents a little over 2% of the overall Canadian population but statistically over 50% of deaths at the hands of a police officer involve First Nation people. In an arrest or a potential violent situation, First Nation people are more likely than non-First Nation people to have deadly force used upon them than non-First Nation people. Why is it that First Nation people are seen by police officers as more of a threat than non-natives.
In the book Canada in North America Since 1800, used in public schools in the 1970s; the number of times a positive adjective is used in favor of Europeans shows clear racial bias: |
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Word |
Europeans |
Indians |
Word |
Europeans |
Indians |
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Great |
50 |
0 |
Happy |
9 |
0 |
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Successful |
30 |
0 |
Helpful |
9 |
0 |
|
Strong |
20 |
0 |
Skillful |
9 |
0 |
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Peaceful |
20 |
0 |
Loyal |
8 |
0 |
|
Famous |
18 |
0 |
Able |
7 |
0 |
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Good |
17 |
0 |
Brave |
7 |
0 |
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Important |
16 |
0 |
Wise |
7 |
0 |
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Victorious |
16 |
0 |
Wonderful |
6 |
0 |
|
Independant |
14 |
0 |
Kind |
6 |
0 |
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Proud |
13 |
0 |
Determined |
6 |
0 |
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Eager |
12 |
0 |
Courageous |
6 |
0 |
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Friendly |
12 |
0 |
Advance |
5 |
0 |
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Totals: |
238 |
0 |
Totals: |
85 |
0 |
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Source: The Shocking Truth about Indians in Textbooks, Manitoba Indian Brotherhood 1976 |
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What happens to the First Nation childs self image when he/she is continually bombarded with the feeling of being less than their white classmates. How does a child fight back against racism so subtle, nobody knows it is being taught to children.
Have Winnipeg police or Manitoba R.C.M.P. officers been given not only the opportunity to examine what they have been taught in school but continual, consistent, deprogramming. All levels of the justice system from police officers on the streets, senior police, crown attorneys, magistrates, judges, appeal court judges etc have some discretion in how they deal with offenders. How they view (judge) the person is important to how they will treat him/her.
Those in the justice system have to deal with criminals, it is their job. In Manitoba 61% of the inmates are First Nations people. Are 61% of police officers, judges, crown attorneys, clerks, etc in Manitoba, First Nation people? The vast majority of people employed in the Manitoba Justice system are of European descendant. To say justice in Manitoba is not a racial issue is to deny the facts.
Studies of human behavior all recognize that a key factor has to occur prior to actual violation of human rights, that process is justification, also known as de-humanization. De-humanization has to take place in the minds of soldiers in combat. Victims of violence must become sub-human in the minds of the aggressor.
In the mind of an aggressor there has to be a line separating them from their victim, this line allows them to blame the victim it is their own fault, they bought it on themselves. Justification is part of the curriculum of schools in Canada. It has been for decades. While such conditioning is evident and should normally find ready acceptance in the mind of a person of European descent, what happens to the First Nation person whose ancestors and people are being called de-humanized.
No First Nation person not even the Chiefs is immune to the psychological conditioning which is taking place in negative media reports on First Nation people in the justice system. A First Nation individual who commits a crime is not judged as an individual, they are in essence deemed to be representative of all First Nation people. As an example some First Nation leaders and individuals are reacting to negative reports in media without any analysis of the validity of the reports themselves. We automatically assume that the reports are correct. It is not a reflection on First Nation people, it is simply human nature. |
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