The Experiences of Indigenous Youth in Court

• In Event: Experiences and Needs of Diverse Youth in the Justice System

Abstract

In Canada, policy strategies have been implemented to address the significant overrepresentation of Indigenous offenders at all stages of the criminal justice system. Canada’s Youth Criminal Justice Act (YCJA) specifically directs youth court judges to consider the special status of Indigenous youth and to provide alternatives to custody with “particular attention to the circumstances of Aboriginal young persons.” Yet, little is known about the practical impact of these policy clauses on Indigenous youth who directly experience the justice system.
Using data on Indigenous youth at different courts and diversion programs in a major city, this study finds that while a dedicated Aboriginal youth court is limited in its ability to address the systemic criminogenic issues arising from colonialism and discrimination, it nevertheless provide more effective responses for youth by recognizing Indigenous identity and connecting youth to appropriate diversion programming. Emphasis is placed on the voices of youth who were processed at Canada’s first and only Aboriginal youth court.

Author

• Christine Goodwin-DeFaria, Ryerson University