When I asked Boyd Peters, a Sts’ailes First Nation member and BC First Nations Justice Council director, about the effects of long-term incarceration on Indigenous people, his brow furrowed. He exhaled and looked down before responding.

“Nobody should have to go through that,” he said.

But more and more Indigenous people are going “through that” — living in Canadian prisons despite federal government commitments “to reset the relationship between Indigenous peoples and the justice system.” From 2009 to 2018, as the general prison population expanded by only one per cent, the Indigenous prisoner population increased by 43 per cent.

A recent report by B.C.’s Prisoners’ Legal Services, “Decarceration Through Self-determination: Ending the Mass Incarceration of Indigenous People in Canada,” suggests a better way to address the overrepresentation of Indigenous people in Canada’s prisons. The report’s proposal seems radical, but it potentially realizes Canada’s Truth and Reconciliation Commission’s goal of reducing the “extreme overrepresentation of Indigenous individuals as incarcerated offenders” while honouring the right to Indigenous self-determination in Section 35 of Canada’s Constitution Act.

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The Tyee
June 26, 2023