Indigenous prisoners face discrimination, violence, say frontline workers

Armand MacKenzie spent 15 years representing Indigenous offenders before he quit the practice.

MacKenzie, an Innulawyer,saidwhen an offendershowed up for a court appearance at theSept-lescourthouseon Quebec's North Shore, he'd facea room filled with white people: the judge, the constable, theprosecutor andthe support staff.

''I felt like a player in the business, like another person contributing to the misery people were going through,'' MacKenzietold CBC's Quebec AM.

''Sometimes French was my client's third language, and even getting a trial in English was difficult."

Behind the walls

Once an Indigenous person isconvicted and goes from being a suspect to an inmate, that personcanfacea whole new set of challenges, saidAlbert Dumont.

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Dumont, whoworked for three years in one of Ontario's toughest prisons, saidIndigenous prisoners are treated differently, including when it comes to punishment.

''I've seen inmates get beaten black and blueand be thrown in segregation for upwards of two monthsand not have a hearing. They'd onlybe let out when I'd get involved,'' said Dumont, who worked inthe maximum security''J-Unit''atMillhavenInstitute in Bath, Ont.

''The sins of the system are far greater than what the offender ever committed, in a lot of cases,'' Dumont toldQuebec AM.

In his autumn 2016report, Canada's Auditor General Michael Fergusonhighlighted that Indigenous peoplemake up just three per cent of the country's adult population, but they account for 26 per cent of the inmatesin federal institutions.

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Dumont saidhe's not surprised. He said the inmates he worked with grew up surrounded by violence.

''They're in emotional turmoil. They didn't have any role models. They saw things as a child that no person should have to witness,'' Dumont said.

The 66-year-oldwas recently appointed by the Attorney General of Ontarioto serve on an elders councilthat will offer advice tofind ways to adapt the justice system to the reality of Indigenous people.

Prime Minister JustinTrudeauhas asked Justice MinisterJodyWilson-Raybouldto review changes to the criminal justice system over the last decade, with one of the goals being toreduce the rate of incarceration of Indigenous Canadians.

Another way forward

Dumont saidvery few offenders get accessto a Gladue report, despite it being required by Canada's Criminal Code.

Under the Gladue principle, the history and background of Indigenous offendershave to be taken into account by thejudge during sentencing,to prioritize sanctions other than incarceration.

''A lot of people see the Gladue system as a get-out-of-jail card, they are so wrong in assuming that,'' saidDumont.

Instead, Dumont saidopting for restorative justice programs whenever possible would address several issues at once, including a real chance for rehabilitation.

''If someone is in emotional turmoil, they're not receiving any other message, they're not receiving the message of spirituality, of rehabilitation. You have to get through to them emotionally.''

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Mackenzie also fully supports the Gladueprinciple.

He saidhe tried to change the system in several ways, for example, by lobbying for aseparatedetention centre for Indigenous people inSept-les.

But he believes little has changed over the pastdecades, despite a series ofreports and recommendations.

''Recognizing the judicial rights of First Nations was one of the recommendations from the Royal Commission on Aboriginal Peoples, made back in 1991,"said MacKenzie.