NATIVE WOMEN’S ASSOCIATION OF CANADA
Position on the Human Rights Complaint on federally sentenced women

The Native Women’s Association of Canada [the “NWAC”] is an Aboriginal women’s representative organization for Aboriginal women in Canada that has been in existence since 1973. NWAC is interested in achieving sexual equality for all Aboriginal women. The NWAC is particularly interested in the human rights complaint filed by the Elizabeth Fry Societies against the Government of Canada, especially the Correctional Service of Canada [the “CSAC”] on March 08, 2001 and hopes to see changes in the five following areas:

  1. Decarceration of Aboriginal women in the federal prison system;

  2. Capacity-building in Aboriginal communities to facilitate reintegration of Aboriginal women prisoners back into Aboriginal society;

  3. Facilitation and implementation of ss. 81 and 84 of the Corrections and Conditional Release Act for the benefit of criminalized Aboriginal women prisoners;

  4. Compensation for Aboriginal women prisoners based on the Correctional Service of Canada’s [the ‘CSC”] breach of its fiduciary duty to Aboriginal prisoners; and

  5. Standardization of the treatment of federal Aboriginal women prisoners in British Columbia.

The following elaboration is provided by way of summarizing the concerns of NWAC in these areas.

  1. Decarceration of Aboriginal women in the federal prison system. Because of rampant racism within the criminal justice system at all levels leading to the increase in the numbers of Aboriginal women incarcerated federally—from 15% in 1984 to 23% today—NWAC is asking for the decarceration of Aboriginal women within Canada’s penitentiary system. NWAC would like to explore with CSC and other interested parties alternatives to incarceration including the use of section 81 to establish community-based healing facilities for all Aboriginal women prisoners including those classified as “maximum security”.


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