Prison time tougher for Aboriginal women

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Two young Aboriginal women entered a provincial jail some years ago. Both were to serve sentences of less than two years. But as with many young Native women, they carried a great deal of anger with them and were far from being model prisoners. The punishment for their anger was additional years added to their sentences in maximum security.

When they formed a close friendship that offered them the only solace in their lives, they were separated.

When Kim Pate, executive director of the Canadian Association of the Elizabeth Fry Society, which advocates for prisoners, offered them an opportunity to speak to the press they said they were too afraid of the consequences.

"It's hard to imagine things getting worse for them," Pate said, speaking from her office in Ottawa.

"They're locked in segregation and they've been locked there for some time. One tried to hang herself. She was so despondent and desperate, and that led to her getting more time in segregation. All these two Aboriginal woman want is to provide support for each other."

In March 2001 the Elizabeth Fry Society obtained funds to produce a report that was submitted this May to the Human Rights Commission outlining the horrendous conditions female prisoners face in Canada's jails. Sitting on the task force were representatives from the Aboriginal Women's Network, the Disabled Women's Network, the Aboriginal Women's Action Network, and others with an interest in improving the condition of women in prison.

"Aboriginal women and their children suffer tremendously as victims in contemporary Canadian society. They are victims of racism, of sexism and of unconscionable levels of violence against women. The justice system has done little to protect them from any of these assaults. At the same time, Aboriginal women have a much higher rate of over-representation in the prison system than do Aboriginal men," the report states.

Fay Blaney of the Homalco First Nation in Campbell River and a member of the Aboriginal Women's Action Network sat at the round table that prepared the report. Trying to explain how abusive the justice system is to the rights of Aboriginal women is almost impossible, she said.

"It reminds me of trying to talk to men about women's issues and concerns. We can make that same comparison with Aboriginal people trying to tell people of the dominant society what our issues and concerns are. It's really difficult for us to fathom the level of discrimination that exists for people who are incarcerated."

Human rights abuses have been reported in the past and nothing has ever really been done about it, Blaney said. "It's like the government was turning a blind eye."

Women who have spent time behind bars and who have developed some degree of political consciousness are enraged by the attitude of colonization, according to Blaney. That rage builds in prison.

"Suddenly you're enraged when you discover, it's not me after all. It's not me that's such a loser or a failure. It's the state that has systemically marginalized me to a level where my quality of life is worthless.

"Their anger is dealt with as though they are at fault for that and they are punished for that without recognizing that as Aboriginal women we have a heck of a lot to be angry about, and so we're pathologized as being very angry people."

Aboriginal women form about 27 per cent of the female prison population, an unusually high percentage considering they form only 2 per cent of the population. Aboriginal women prisoners also have the highest rate of suicide. Most of those women are under 25 years old. Many of them began their prison sentences at age 17 or 18.

"A piece of that is the racism that goes on," said Sharon McIvor. She is a lawyer, a member of the Lower Nicola band, and a past executive member of the Native Women's Association of Canada.

"The system is racist, and so the women get picked up quicker, they get charged quicker, and because of their life history they don'tput up a proper defence."

The Okimaw Ohci Healing Lodge in northern Saskatchewan was designed to meet the needs of Aboriginal women by using First Nations' traditional healing methods such as sweat lodges, and for a short time that worked well, McIvor said. But in time more correctional staff were brought in who didn't understand the Aboriginal methods and stopped using them. Okimaw Ohci is now no better than any other prison, she said.

Blaney said that often Elders are turned away at the Burnaby Women's Correctional Facility with various excuses why they are not allowed to visit inmates. And now, with provincial budget cuts, the Burnaby Centre is about to be shut down. Maximum security prisoners are slated to go to Sumas, a converted men's prison, while the provincial women will be scattered in very small numbers at various jails throughout the province. Small numbers equates to no programming, Pate said.

"They'll tell you there are programs, but try calling and ask them, 'Is there a program going on right now?'"

Raven's Eye telephoned the Burnaby Correctional Centre on two separate days and was not able to contact a Native liaison worker. On the second day, reception at the facility was not able to say whether a worker would be there that day. She stated that things were confusing because changes were taking place.

Subsequently, Donna McLean, director of programming, said a new program for Aboriginal women, "The Spirit of the Warrior" would begin at the end of September.

Asked what program was running then (August), she said that an Elder was currently at the institution.

The goal of the Elizabeth Fry Society and the purpose of its submission to the Human Rights Commission is to move women from the prisons into the community where they will receive the support they need, Pate said.

This is especially important for Aboriginal women, she added.

"Because of the Indian Act, the federal government owes a direct duty-they have a responsibility to ensure that Aoriginals are not increasingly being put at risk. If, in fact, this does not get remedied in Canada, our next step will be to go internationally. We'll go to the United Nations, and Canada has been cited before for its treatment of Aboriginal people."

McIvor thinks a solution to the problem of justice for Aboriginal women may lie in a private institution with programs specifically geared to young women, and in reaching young women before they enter the system.