Utoo Radio - April 12 2024 - The Liberal government's repeal of mandatory minimum prison sentences in 2022 was billed as a response to the overrepresentation of marginalized communities, including Indigenous people, in Canadian prisons.

However, experts argue that this has not reduced the number of incarcerated Indigenous people, which has grown under the previous Conservative government and continued to rise during Justin Trudeau's tenure as prime minister.

Advocates say what is needed is a focus on healing in Indigenous communities, both in and outside the criminal justice system, that recognizes intergenerational impacts of trauma that Indigenous people continue to live with.

The Indigenous population in federal prisons was about 2,500 when Stephen Harper became prime minister in 2006. By the end of his term in 2015, there were about 3,700 Indigenous inmates, an increase of about 50%. Since then, the number has risen by another 20% to about 4,500.

In 2015, the Truth and Reconciliation Commission called for changes to the Criminal Code to allow judges to depart from mandatory minimum sentences. Seven years later, Trudeau's government repealed some minimum sentences that the Harper government had imposed, specifically, for drug, firearms, and tobacco-related offences. Critics charge that the strategy has failed, although they cite different reasons.

Sen. Kim Pate noted that mandatory sentences were not eliminated for other offences, which she said Indigenous people are disproportionately likely to be charged with, such as those involving violence and the use of weapons, particularly Indigenous women.

The Ministry of Justice did not respond directly to the Star's questions on the lack of impact of the mandatory minimum repeals on Indigenous people, but spokesperson Chantalle Aubertin said it is making efforts to develop Indigenous and Black justice strategies.