April 16, 2002 - Auditor General's Report cites major gaps in Canada's criminal justice data. For example, "There is not enough information on Aboriginal people in the criminal justice system." ". . . some First Nations police do not yet report crime statistics."

4.22 Aboriginal peoples. In 1996, the last year for which consistent data are available, about 2.8 percent of the Canadian population identified themselves as Aboriginal people. In April 2000 a report was prepared for the Department of Justice on the overrepresentation of Aboriginal peoples in the justice system. The report indicated that in 1996, 17 percent of inmates in adult provincial and territorial correctional facilities and in federal facilities identified themselves as Aboriginal people. About 50 percent of the 5,100 inmates of provincial adult institutions in the Prairie provinces were Aboriginal people.

4.23 The relationship between Aboriginal peoples and the Canadian criminal justice system has been the subject of several public inquiries. According to the Department of Justice, these inquiries have found that the conventional justice system has not adequately met the needs of Aboriginal peoples. The inquiries have recommended that Aboriginal communities have the opportunity to assume greater responsibility for a number of justice programs and processes.

4.64 Approaches to justice for Aboriginal peoples. As youth justice is changing, other changes are slowly increasing Aboriginal peoples' responsibility for delivering Aboriginal justice.

4.65 The federal government has a number of Aboriginal justice initiatives, including the following:

Legislation has authorized Correctional Service Canada to enter agreements with Aboriginal communities to provide correctional services, and to transfer offenders to the care and custody of an Aboriginal community with their consent and the community's.

Aboriginal spirituality and Elders have been given official recognition.

An Aboriginal Justice Initiative was allocated $22.4 million from 1991 to 1996.

An Aboriginal Justice Strategy spent about $29 million from 1996-97 to 2000-01 and was allocated about $6.4 million in 2001-02.

The RCMP holds community justice forums.

An Aboriginal Community Corrections Initiative was allocated about $2 million from 1996-97 to 2000-01.

The First Nations Policing Program spent about $285 million between 1992-93 and 2000-01.

The Native Courtworkers Program, a federal-provincial-territorial cost shared initiative, has spent a total of about $250 million since 1973-74, including a federal contribution of about $82 million.

The National Parole Board uses Native Elders at Board hearings to help ensure that Aboriginal cultures are respected.

4.66 Together, the goals of these programs include empowering Aboriginal communities to take more responsibility for administering justice; reducing crime and incarceration; and developing community-based restorative justice programs and capacities for post-sentencing supervision.

4.67 The government also has several broader initiatives that will ultimately establish the overall framework for the governance of justice for Aboriginal peoples. The 1995 federal government approach to inherent rights and the negotiation of self-government covers the administration and enforcement of Aboriginal laws, including the establishment of Aboriginal courts or tribunals, the establishment of offences normally created by local and regional governments, and policing.

4.68 In response to the Royal Commission on Aboriginal Peoples, in 1998 the government published Gathering Strength: Canada's Aboriginal Action Plan . The plan indicated that the government would continue to discuss Aboriginal justice issues. This included, for example, developing Aboriginal capacity to manage community-based justice, developing alternatives to the formal justice system, providing effective police services that are accountable to the community, and carrying out crime prevention programs.

4.69 The government has also established the position of federal interlocutor, with authority to negotiate with Métis south of the 60th parallel and with non-status Indians.

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