Maia W
Research suggests that racialized people are disproportionately likely to be convicted of
an offense that they did not commit than non-racialized persons. In Canada, the disproportionate
representation of Indigenous people within the carceral system contributes significantly to their
chances of being wrongfully convicted. As of 2018, Innocence Canada was reviewing 81 cases
of potential wrongful convictions. Nearly 25% of these cases involved Indigenous accused.
Innocence Carleton Research - Week of November 22, 2020
Additionally, Indigenous people are more likely to plead guilty to a crime, even if they
are factually innocent or have a valid defence. Research has concluded that this is due to the
disproportionate harms suffered by Indigenous persons in the pre-sentencing process. Incentives
to enter guilty pleas, such as pre-trial detention, disproportionately harm Indigenous persons.
Other incentives include delays in the court process, unreasonably strict bail conditions, and lack
of adequate legal representation. Indigenous people are also disproportionately impacted by the
intersecting harms of colonialism and racism, which are deeply embedded in Canadian
institutions, including the legal system. These compounding factors marginalize Indigenous
people and manifest in harms such as mental health challenges, poverty, and addiction. Language
barriers also drive Indigenous people’s risk of wrongful conviction; often, the courts make
minimal efforts to communicate proceedings to Indigenous persons in their first language. This
leaves them particularly vulnerable to false guilty pleas, as they are unable to understand the
legal proceedings.
Indigenous people are also more likely to be detained without bail, which places a heavy
incentive upon them to plead guilty. Jails and prisons are well-known for their inhospitable
conditions. For decades, persons who are incarcerated have raised their concerns about lack of
adequate food, lack of programming and resources, and abuse from carceral staff. Movement of
persons within carceral facilities is also incredibly restricted, and facilities are often
overcrowded. Ottawa’s OCDC is renowned for its abhorrent conditions. Some persons forced
into confinement at Ottawa’s OCDC have reported having to sleep on the floor next to toilets due
to overcrowding. In July, OCDC was given legal notice by council for the Criminalization and
Punishment Education Project due to its refusal to meet the cultural and spiritual needs of
Innocence Carleton Research - Week of November 22, 2020
detained Indigenous persons. Several hunger strikes have also been organized by persons
incarcerated in OCDC due to its refusal to provide adequate food.
Sources:
—https://www.ppsc-sppc.gc.ca/eng/pub/is-ip/ch10.html
—https://ottawacitizen.com/news/local-news/weekend-segregation-inmates-get-mattresses-on-
floor-in-ottawa-jail
—https://cp-ep.org/legal-notice-indigenous-peoples
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