H. Specific Grounds of Discrimination Alleged Under the CHRA

1. Race

a) Context

In Canada, Aboriginal peoples are over-represented in the criminal justice system. Aboriginal women, in particular, are significantly over-represented both as victims and prisoners -- usually as both.

Aboriginal women and their children suffer tremendously as victims in contemporary Canadian society. They are victims of racism, of sexism and of unconscionable levels of violence against women. The justice system has done little to protect them from any of these assaults. At the same time, Aboriginal women have a much higher rate of over representation in the prison system than do Aboriginal men.

Report of the Aboriginal Justice Inquiry of Manitoba, Volume 1: The Justice System and Aboriginal People, 1991, p. 475

See also: Report of the Royal Commission on Aboriginal Peoples. Bridging the Cultural Divide: A Report on Aboriginal People and Criminal Justice in Canada, 1996, p. 13

Law Reform Commission of Canada. Aboriginal Peoples and Criminal Justice, 1991, p. 14.

Statistically, the over-representation of Aboriginal women occurs both in provincial and federal prisons. Over the past 5 years, the percentage of federally sentenced women in prison who are Aboriginal has fluctuated grown from between 20-25%, and CSC statistics indicate that 27% of federally sentenced women are Aboriginal; 17-18% of federally sentenced men are Aboriginal.

CSC. “Regional Women’s Facilities Operational Plan,” 2002.

As of September 1995, Aboriginal women comprised just over 13% of federally sentenced women overall. However, they comprised 19% of the population of federally sentenced women in prison, and only 7% of federally sentenced women in the community. 73% of federally sentenced Aboriginal women were in prison, while only 49% of the non-Aboriginal federally sentenced women were in prison. While there are no federally sentenced Aboriginal women in prison in Newfoundland or in Quebec, 50% of federally sentenced women in prisons in the Prairies and 24% of federally sentenced women in prisons in British Columbia were Aboriginal women.


Submission of the Canadian Association of Elizabeth Fry Societies (CAEFS) to the Canadian Human Rights Commission for the Special Report on the Discrimination on the Basis of Sex, Race and Disability Faced by Federally Sentenced Women


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