Sentencing Indigenous Youth in Canada: A Focal Concerns Analysis

• In Event: Focusing on Focal Concerns

Abstract

In Canada, Indigenous youth represent nearly half of youth sentenced to custodial or supervision sentences, yet are only roughly 8% of the total youth population. As part of the Truth and Reconciliation process in Canada, the federal government has attempted to address this overrepresentation through legislation. Judges are directed to consider the unique circumstances of Indigenous people and to avoid incarceration whenever possible. This legislation has been in place since 2003, yet the issue of overrepresentation has only grown in severity. To explore the mechanisms that may explain overrepresentation in custody, the current study uses a sequential mixed method design to explore sentencing decisions of Canadian youth convicted of serious property and violent crimes. More specifically, the study adopts a focal concerns perspective to evaluate how blameworthiness, public safety, practical considerations, and redeemability are incorporated into judicial sentences and to understand if these factors are differentially applied to Indigenous and non-Indigenous defendants. Findings suggest there are differences in prevalence and emphasis of focal concerns across Indigenous and non-Indigenous individuals, which has several implications for how legislation is used to address overrepresentation at the sentencing stage and broader consequences of Truth and Reconciliation in Canada.

Author

• Shana Ruess, Simon Fraser University