JustFacts

The Overrepresentation of Indigenous People in the Criminal Justice System

November 2024

Indigenous people continue to be overrepresented in Canada’s criminal justice system as both victims and those accused of crime. This fact sheet presents a statistical overview of the key areas of overrepresentation of Indigenous people at different stages of the criminal justice system.

Although the collection of national data on the Indigenous identity of those in contact with the criminal justice system has improved over time, there continues to be limited data with respect to distinctions-based breakdowns (i.e., First Nations, Inuit, Métis).

This fact sheet summarizes available data from a variety of sources, including Statistics Canada (i.e., General Social Survey (GSS) on Canadians’ Safety (Victimization),^{Footnote 1} the Survey of Safety in Public and Private Spaces (SSPPS), the Homicide Survey, and correctional surveys), the Department of Justice Canada’s National Justice Survey (NJS), Public Safety Canada, and the Office of the Correctional Investigator (OCI).

Note: While this JustFacts provides a statistical overview of the Indigenous overrepresentation in Canada’s criminal justice system, contextual information on Indigenous peoples’ histories, cultural differences, and experiences with systemic discrimination and socio-economic marginalization are critical to further understand the data presented. Justice Canada’s State of the Criminal Justice System online Dashboard presents data alongside contextual information via its Indigenous people population-based theme, available at: https://www.justice.gc.ca/socjs-esjp/en/ind-aut/lm-sp.

Confidence in police is lower amongst Indigenous people compared to non-Indigenous people.

According to the 2019 GSS, Indigenous people generally recorded similar perceptions of police performance to that of non-Indigenous people, except in relation to enforcing the laws, where First Nations respondents recorded lower positive perception than non-Indigenous people (36% and 47%, respectively). In addition, Indigenous people (30%) were less likely to say they had a great deal of confidence in the police compared with non-Indigenous people (42%).^{Footnote 2} First Nations people reported the lowest level of confidence in police, with 27% saying they had a great deal of confidence in the police, followed by Métis people (32%).^{Footnote 3} Similar results were found in the 2023 National Justice Survey, with Indigenous people overall reporting lower confidence in the criminal justice system being fair (11%) and accessible (16%) to all people than White people (17% and 23%, respectively).^{Footnote 4}

Indigenous people are overrepresented as victims of violent incidents.

According to the 2019 GSS, the rate of violent victimization among Indigenous people aged 15 and over was more than double that of non-Indigenous people (177 violent incidents per 1,000 population vs. 80 per 1,000, respectively).^{Footnote 5} This was mainly explained by the high rates of violent victimization among Inuit (265^E per 1,000)^{Footnote 6} and Métis people (225 per 1,000).

According to the 2018 SSPPS, Indigenous women face the highest risk of experiencing violent victimization in their lifetime (i.e., since the age of 15^{Footnote 7}).^{Footnote 8} Specifically, 63% of Indigenous women have experienced physical or sexual violence in their lifetime. Further, First Nations (64%) and Métis (65%) women were more likely to report physical or sexual victimization compared to Inuit (45%) and non-Indigenous (45%) women.

While there was no statistically significant difference in rate of violent victimization between Indigenous and non-Indigenous youth according to the 2019 GSS, research has found that young people are more likely to experience violent victimization.^{Footnote 9}

Note: While childhood maltreatment, drug use and homelessness are associated with increased risk of violent victimization regardless of Indigenous identity, Indigenous people are more likely to report these factors and have higher rates of violent victimization.^{Footnote 10} This increased presence of risk factors is rooted in historical and ongoing trauma and violence as a result of colonization, residential schools, and other factors affecting Indigenous people.^{Footnote 11}

Indigenous people are overrepresented as victims and accused of homicide.

Although Indigenous people account for only 5% of Canada’s population,^{Footnote 12} they accounted for 25% of all homicide victims in 2023.^{Footnote 13} Of the 193 Indigenous victims of homicide reported by police that year, 141 were men (73%) and 50 were women (26%). In 2023, the rate of homicide for Indigenous people was over six times higher than the rate for non-Indigenous people (9.31 victims per 100,000 population for Indigenous people, compared with 1.46 for non-Indigenous people).^{Footnote 14} The rate of homicide for Indigenous women (4.60 victims per 100,000 Indigenous women in 2021, 5.26 victims in 2022, and 4.74 victims in 2023), and for Indigenous men (15.13 victims per 100,000 Indigenous men in 2021, 17.27 victims in 2022, and 13.85 victims in 2023) have fluctuated year to year, with men consistently having a higher rate.

Consistent with recent previous years, one third (33%) of accused of homicide in 2023 were identified by police as Indigenous.^{Footnote 15} The rate of Indigenous people accused (9.60 per 100,000 Indigenous people) was nearly nine times higher than non-Indigenous people accused (0.98 per 100,000 non-Indigenous people).^{Footnote 16} In 2023, the rate of Indigenous men accused (15.22 per 100,000 Indigenous men) was almost nine times higher than that of non-Indigenous men (1.80 per 100,000 non-Indigenous men).^{Footnote 17} Further, the rate of Indigenous women accused (4.17 per 100,000 Indigenous women) was just over 26 times higher than the rate of non-Indigenous women accused (0.16 per 100,000 non-Indigenous women).

Indigenous people are overrepresented as accused in criminal courts and experience disproportionate negative outcomes.

Canadian criminal courts do not currently collect information on the Indigenous identity of people accused. To address this data gap, Justice Canada collaborated with Statistics Canada to obtain the Indigenous identity of accused through a data linkage project.^{Footnote 18} The study estimated that in 2015/2016, Indigenous people made up 25% of all accused (adults and youth), while representing only 5% of the Canadian population, which means they were overrepresented by a factor of five.

Between 2005/2006 and 2015/2016, compared to White^{Footnote 19} accused, Indigenous people accused were on average more likely to be found guilty (+14%), less likely to be acquitted (-33%), more likely to encounter a stay of proceedings (+47%), and less likely to encounter a withdrawal, dismissal or discharge (-55%).^{Footnote 20} Once found guilty and sentenced, Indigenous people accused were on average more likely to receive more serious sentences such as a custodial (+30%) or conditional (+11%) sentence, and less likely to receive probation (-13%), or a fine (-14%).

Indigenous adults and youth, in particular women, are overrepresented in provincial and territorial correctional services.

In 2022/2023, Indigenous adults made up 30% of admissions to provincial/territorial correctional services^{Footnote 21} despite only accounting for 4% of the adult population in Canada in 2021.^{Footnote 22} This overrepresentation was slightly more pronounced among custody admissions (30%)^{Footnote 23} than among community supervision admissions (27%).^{Footnote 24} While all groups of Indigenous people are overrepresented in provincial/territorial corrections, the disproportionality is more pronounced among Indigenous women. In 2020/2021, Indigenous adult females accounted for 42% of female custody admissions, while Indigenous adult males accounted for 30% of male custody admissions.^{Footnote 25}

In 2022/2023, Indigenous youth accounted for 40% of youth admissions to provincial/territorial correctional services despite representing only 8%^{Footnote 26} of the Canadian youth population in 2021.^{Footnote 27} Similarly to adults, the overrepresentation of Indigenous youth was more pronounced among custody admissions (46%) than community supervision admissions (37%) in the reporting jurisdictions.^{Footnote 28} Overrepresentation was also more pronounced amongst female Indigenous youth who accounted for 55% of female youth custody admissions in 2022/2023 (51% pre-trial detention, 70% secure custody, 76% open custody, and 95% provincial director remand), while male Indigenous youth accounted for 44% of youth male custody admissions (43% pre-trial detention, 45% secure custody, 53% open custody, and 73% provincial director remand).^{Footnote 29}

Indigenous adults, in particular women, are overrepresented in federal corrections.

In 2022/2023, Indigenous adults accounted for 33% of admissions to federal custody.^{Footnote 30} Specifically, Indigenous women accounted for 49% of female admissions, while Indigenous men accounted for 32% of male admissions.

Between 2018/2019 and 2022/2023, the number of Indigenous adults in the federal offender population saw an increase of 4.5%.^{Footnote 31} Further, in 2022/2023, 29% of offenders under federal jurisdiction were Indigenous; of these offenders who self-identified as Indigenous, 69% were First Nations, 28% were Métis, and 3% were Inuit.

The percentage of Indigenous women in federal custody has been increasing over the years. For the first time, in April 2022, exactly half of the 596 federally incarcerated women were Indigenous (298).^{Footnote 32}

In addition to being overrepresented, Indigenous federal offenders face harsher in-custody experiences.

In 2021/2022, a lower percentage of Indigenous offenders were classified as a minimum security risk (15%) and a higher percentage were classified as a medium (69%) and maximum security risk (16%) compared to non-Indigenous federal offenders (22%, 65% and 13%, respectively).^{Footnote 33}

Between April 1, 2019 and November 30, 2019, Indigenous federal offenders accounted for 40% of all admissions to administrative segregation,^{Footnote 34} despite only accounting for 30% of the in-custody offender population at the time.^{Footnote 35} Following the abolishment of administrative segregation, Structured Intervention Units (SIUs)^{Footnote 36} were introduced in November 2019; in March 2022, 49% of persons housed in an SIU self-identified as Indigenous.^{Footnote 37}

Of all use of force incidents^{Footnote 38} recorded between April 2015 and October 2020, 39% involved Indigenous federal offenders, while comprising only 28% of the prison population over the same time.^{Footnote 39} Although women accounted for 5% of all individuals involved in a use of force incident during this time, Black, Indigenous, and women of colour accounted for 67% of all women involved in use of force incidents, mostly driven by the high numbers of Indigenous women.^{Footnote 40} On average, 60% of all women involved in use of force incidents implicated an Indigenous woman, despite them accounting for approximately 40% of federally incarcerated women over the last five years.^{Footnote 41}

Indigenous offenders experience disproportionate negative outcomes from parole hearings.

In 2021/2022, the rates of day^{Footnote 42} and full parole^{Footnote 43} granted to Indigenous offenders (72% and 21%, respectively) were lower than non-Indigenous offenders (77% and 33%, respectively), a trend that has remained consistent over the past 10 years.^{Footnote 44} This means that a higher percentage of Indigenous federal offender releases were statutory releases^{Footnote 45} (76%) compared to non-Indigenous federal offender releases (57%).^{Footnote 46}

In 2021/2022, Indigenous offenders also served longer proportions of their sentences before being released on their first day and full parole (42% and 48% of their sentence, respectively), than non-Indigenous offenders (37% and 45%, respectively).