Ontario Conference of Judges – Access to Justice Plenary – May 21, 2003
Presented by
Kim Pate, B.A., B.Ed. (P.D.P.P.), LL.B
Executive Director of the Canadian Association of Elizabeth Fry Societies
A lawyer and teacher by training, Kim has worked with and on behalf of criminalized youth, men and women for the past two decades.

First of all, I would like to acknowledge the traditional First Nations people of this occupied territory. It is a privilege to be on this land. Thank you.

I also want to thank all of you, especially Justice Shamai for inviting my co-panellists, Peter and Bill, and me here to speak with you this afternoon.

Context of Limitations to Access to Justice

The organization, with which I currently work, the Canadian Association of Elizabeth Fry Societies (CAEFS), has a mandate to work with and on behalf of criminalized women and girls. We use the term, “criminalized” purposefully, to try to draw attention to the reality that increasingly, it is law and policy that is coming into conflict with people’s lives more so than the widely held notion that all who end up charged, convicted and sentenced to prison are there as a result of their own deliberate, intentional and knowledgeable decision to commit a criminal act or offence.

The increasing trend to criminalize women and girls is not just a Canadian, but also a global reality. The escalating numbers of women and young people, especially those who are poor and/or racialized and those with disabilities, in prison is clearly linked to the evisceration of health, education and social services. We also know that the cycle intensifies in times of economic downturn. It is very clear where we are sending the people who are experiencing the worst in the downturn in the economy and social trends. Jails are our most comprehensive homelessness initiative.

Aboriginal women continue to suffer the shameful and devastating impact of colonization. From residential school, to child welfare seizure, to juvenile and adult detention, Aboriginal women and girls are vastly over-represented in institutions under state control. Although Aboriginal women make up 1-2% of the Canadian population, they make up 27% of the federal prison population, and generally represent half of the women classified as maximum-security prisoners.