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 consent of the offender and under agreement between the Correctional Service of Canada (CSC) and an Aboriginal community at sections 81 – 84 of the Act; and
Whereas: Section 718.2(e) of the Criminal Code of Canada (CCC) has been dealt with by Judges in criminal trials throughout Canada in considering sentencing options for Aboriginal persons accused and convicted of criminal activity interpreting 718.2(e) as meaning Aboriginal persons should be treated differently; and
Whereas: Aboriginal women are more over-represented at 29 percent of the incarcerated population than are Aboriginal males at 16 percent; and
Whereas: the discriminatory security classification process utilised by CSC results in significant over-classification of Aboriginal women; this in turn impedes their access to services and programming as well as supports and resources for community integration; and
Whereas: CCRA s.81 (2) states “notwithstanding subsection (1), an agreement entered into under that subsection may provide for the provision of correctional services to a non-Aboriginal offender; and
Whereas: the lack of necessary financial resources for communities wishing to undertake the responsibility of assisting in the reintegration of women offenders prevents widespread use of Section 81 and 84; therefore be it
Resolved: that the National Council of Women of Canada adopt as policy that Aboriginal communities be allowed to provide correctional services, long-term supervision, and/or parole to Aboriginal or non-Aboriginal female offenders. The services shall provide a range of programs designed to address the needs of offenders and contribute to their reintegration into the community; and further be it
Resolved: that the National Council of Women of Canada urge the Government of Canada/Correctional Services of Canada to:
a. enter into partnership with Aboriginal communities and organizations to review and identify barriers to the use of Section 81 and 84 of the Correctional and Conditional Release Act, and create and implement an action plan to encourage its use for Federally Sentenced Aboriginal Women. This partnership should include financial resources for those communities wishing to undertake the responsibility of assisting in the reintegration of Aboriginal women offenders; and
b. ensure that Federally Sentenced Aboriginal Women are fully aware of Sections 81 and 84 of the Corrections and Conditional Release Act and encouraged to apply under these sections.