Indigenous People in Criminal Court in Canada: An Exploration Using the Relative Rate Index

This first-of-its-kind research used the Relative Rate Index (RRI) to explore differences in court outcomes between Indigenous and White accused. The RRI (shown as a +/- percentage) measures the likelihood of Indigenous people encountering specific court outcomes relative to their White counterparts (average from 2005-06 to 2015-16).

Indigenous people are overrepresented in criminal courts.

In 2015/16 Indigenous people accounted for 5% of Canada’s total population, 25% of people accused of crime in Canada.

Indigenous accused experience different outcomes than White accused in the criminal justice system.

Proceedings

Preliminary inquiry: +36% more likely.
Going to trial: -20% less likely.

Indigenous accused are MORE LIKELY to be found guilty.

Graph:

Guilty finding: +14%.
Acquittal: -33%.
Stay of proceedings: +47%.
Withdrawn/Dismissed/Discharged: -55%.

Sentencing

Custody: +30% more likely.
Probation: -13% less likely.

While Indigenous accused are more likely to be found guilty and sentenced to custody, there are noticeable differences across provinces and territories.

Map of Canada :

Yukon

Guilty finding: -6%.
Custodial sentence: +130%.

Northwest Territories

Guilty finding: +12%.
Custodial sentence: +47%.

Nunavut

Guilty finding: +81%.
Custodial sentence: Not available.

British Columbia

Guilty finding: +8%.
Custodial sentence: +46%.

Alberta

Guilty finding: Not available.
Custodial sentence: Not available.

Saskatchewan

Guilty finding: +11%.
Custodial sentence: +57%.

Manitoba

Guilty finding: +9%.
Custodial sentence: +81%.

Ontario

Guilty finding: +14%.
Custodial sentence: +28%.

Quebec

Guilty finding: Not available.
Custodial sentence: Not available.

New Brunswick

Guilty finding: +2%.
Custodial sentence: +14%.

Nova Scotia

Guilty finding: +1%.
Custodial sentence: +39%.

Newfoundland and Labrador

Guilty finding: +3%.
Custodial sentence: +64%.

Prince Edward Island

Guilty finding: +5%.
Custodial sentence: 0%.

Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005/06 to 2015/16; Statistics Canada, Census of population, 2016. Custom tabulation by the Department of Justice Canada.

Notes: Data include 11 provinces and territories; Quebec and Alberta are excluded. Includes only completed criminal court cases, i.e. cases that received a final decision. Indigenous people include First Nations people, Métis and Inuit. White include those who identified as neither Indigenous nor as a visible minority. Guilty findings includes guilty verdict and guilty pleas. n/a means data is not available.

For more information, see: https://www.justice.gc.ca/eng/rp-pr/jr/eurri-efitr/index.html