2005:02 Corrections and Conditional Release Act ss. 81 and 84 Federally Sentenced Aboriginal Women
Whereas:
- The Corrections and Conditional Release Act (CCRA) allows for the decarceration of Federally Sentenced Aboriginal Women with the consent of the offender and under agreement between the Correctional Service of Canada (CSC) and an Aboriginal community (sections 81–84 of the Act).
- Section 718.2(e) of the Criminal Code of Canada (CCC) instructs judges to consider sentencing options for Aboriginal persons accused or convicted of crimes, interpreting this section as requiring differential treatment for Aboriginal individuals.
- Aboriginal women are over-represented in incarceration, comprising 29% of the incarcerated population compared to 16% for Aboriginal males.
- The security classification process by CSC results in over-classification of Aboriginal women, limiting access to services, programming, and community reintegration resources.
- Section 81(2) of the CCRA allows agreements for correctional services for Aboriginal or non-Aboriginal offenders.
- Financial barriers prevent communities from supporting the reintegration of women offenders, reducing the use of Sections 81 and 84.
Resolved:
- That the National Council of Women of Canada adopt as policy that Aboriginal communities be permitted to provide correctional services, supervision, and/or parole to Aboriginal or non-Aboriginal female offenders. These services should address offender needs and contribute to reintegration into the community.
- That the National Council of Women of Canada urge the Government of Canada and Correctional Services of Canada to:
a. Partner with Aboriginal communities to review and remove barriers to using Sections 81 and 84 of the CCRA, creating action plans and financial support for communities assisting in the reintegration of Aboriginal women offenders.
b. Ensure Federally Sentenced Aboriginal Women are informed about Sections 81 and 84 and encouraged to apply under these provisions.