By Anna Mehler Paperny
SASKATOON (Reuters) – Marvin Starblanket, a member of the Mistawasis First Nation, is one of many Indigenous individuals who continue to be bound by the rules of Correctional Service Canada even after being released from incarceration. These rules dictate where he can reside (in a halfway house instead of with his partner and children), curfew times (10 p.m.), alcohol consumption (prohibited), and job opportunities.
Despite these regulations, 42-year-old Starblanket recently had “Good” and “Evil” tattoos inked on the backs of his hands, prompting reflection on the internal struggle between the two. Having served almost six years for a convenience store robbery, Starblanket is now halfway through a five-year supervisory order.
When Prime Minister Justin Trudeau first assumed office a decade ago, he promised to overhaul the relationship between Canada and Indigenous communities. However, Indigenous overrepresentation in the prison system has only worsened since then, with Indigenous individuals accounting for around one-third of federal inmates, despite comprising just 5% of the population.
Efforts to tackle this issue have proven challenging, with experts pointing to post-release conditions, parole denials, and mandatory minimum sentences as contributing factors to the rising Indigenous incarceration rates. Notably, the rate of Indigenous individuals subjected to rigorous post-sentencing conditions has surged by 53% over the past decade.
While Trudeau’s government has repealed certain mandatory minimum sentences, concerns remain about the effectiveness of long-term supervision orders in addressing public safety risks. Despite acknowledging the potential benefits of extended oversight, some experts and former inmates emphasize the need for adequate support services, such as drug treatment and counseling, to accompany these measures.
Individuals within the criminal justice system, especially those being considered for dangerous or long-term offender designations, may face repercussions if they violate any of their conditions or are perceived as a risk. According to Lohrasbe, they could find themselves back in prison.
Legal professionals and advocates have expressed concerns about systemic racism in the justice system, particularly regarding Indigenous individuals who may be deemed as higher risks due to factors such as poverty, instability, untreated mental health issues, and disabilities. These individuals may also be more likely to accumulate a history of less severe violent offenses. Data reveals that Indigenous people make up a significant portion of those under supervision orders in Canada, facing challenges such as socio-economic disparities, high rates of unemployment, homelessness, substance abuse, and past trauma.
Indigenous individuals are disproportionately represented among those who breach supervision conditions, increasing their likelihood of returning to incarceration. Even minor infractions can result in a return to prison, raising questions about the effectiveness of the system. Advocates emphasize the importance of conducting more comprehensive risk assessments that consider social contexts, providing easier access to mental health resources and Indigenous cultural programs to prevent recidivism.
Indigenous people encounter disparities at various stages of the criminal justice process, facing obstacles such as denial of bail, placement in maximum security units, and barriers to obtaining full parole. There is a recognition of systemic racism within the correctional institutions and the justice system, leading to the over-incarceration of Indigenous individuals. Efforts are being made to address these issues, including the government’s initiatives to eliminate mandatory minimum sentences and prioritize the health and social needs of Indigenous offenders.
As the political landscape evolves with an upcoming federal election, different approaches to addressing crime are being discussed. The Conservative party has taken a tough stance on crime, while acknowledging the need for systemic changes to reduce the overrepresentation of Indigenous people in the justice system.
“Those responsible must be held accountable and serve their time behind bars,” stated Larry Brock, the Shadow Minister for Justice and Attorney General, in a communication with Reuters. Although Brock did not address the issue of the overrepresentation of Indigenous individuals in the prison system, he acknowledged that Indigenous people themselves often fall victim to crimes.
A HISTORY OF TRAUMA
Over 30 legal professionals, advocates, and judges have highlighted the impact of poverty and inter-generational trauma on Indigenous communities, where traumatic events experienced by one individual are passed down to future generations, creating a cycle of hardship. Starblanket, for example, faced adversity from a young age, losing his father to suicide while in police custody and suffering abuse from a family member. He was then placed in foster care with his siblings after his mother’s incarceration for manslaughter.
Moving between his mother’s home and various foster placements in Saskatoon and Regina, Starblanket endured a tumultuous upbringing. His mother, Beverley Johnston, expressed remorse for her children’s difficult experiences, acknowledging the challenges they faced in the foster care system.
A recent study by Statistics Canada revealed the prevalence of physical and mental health issues, financial struggles, and homelessness among Indigenous individuals who were raised in government care. Indigenous children constitute a significant portion of those in foster care in Canada, further underscoring the systemic challenges faced by Indigenous communities.
At the age of 16, Starblanket was charged with robbery and assault, marking the beginning of a series of criminal convictions primarily related to violence and substance abuse. Despite being sentenced to custody multiple times, including being labeled a dangerous offender, Starblanket’s lawyer successfully appealed the designation based on the need for comprehensive treatment for substance abuse and personality disorders.
In 2019, the Saskatchewan Court of Appeal overturned the dangerous offender status, allowing Starblanket to be released from custody. The legal system’s approach to Indigenous individuals, particularly in cases involving substance use and criminal behavior, continues to be a subject of discussion and scrutiny.
In 2022, Starblanket was released from prison but was placed under a five-year supervision order. Following his release, he moved in with his partner, abiding by restrictions that prohibited drinking or drug use, required attendance at treatment sessions, and restricted travel. Their child, Anastasia, will celebrate her second birthday on April 1. About fourteen months into his supervision order, Starblanket experienced a setback when he used meth. He confessed to his parole officer, knowing he would fail a drug test. Consequently, he was instructed to relocate to a halfway house, a facility that offers accommodations, meals, and support services for individuals on day parole or supervision orders. Starblanket is required to check in three times a day. While the restrictions weigh heavily on him, particularly the inability to live at home with his family, he also recognizes the support they offer. He is anxious about transitioning back to life without these constraints when his supervision order concludes in November 2027. His primary goal is to rebuild his life and steer clear of returning to prison. Expressing his desire to not be dependent on permissions indefinitely, Starblanket envisions pursuing a psychology degree at university upon his release. He aspires to advocate for Indigenous individuals entangled in the justice system and dreams of potentially managing a halfway house in the future.
