Guilty pleas among Indigenous people in Canada

Conclusion

The objective of this research was to examine the issue of guilty pleas among Indigenous people. Justice system professionals identified three key considerations for Indigenous people pleading guilty. First, there are aspects of the justice system that can incentivize a guilty plea for all accused and which may have a disproportionate effect on Indigenous people. These include the denial of bail, remand, and “unreasonable” bail conditions. Second, Indigenous people may be at greater risk of justice system contact and guilty pleas because of their social vulnerabilities related to income, housing, addictions, and mental health. Finally, there are unique aspects of Indigenous culture that may incentivize a guilty plea, including language barriers, a distrust in the justice system, and a “cultural premium” placed on agreement, cooperation, and taking responsibility. These cultural values can lead Indigenous accused to plead guilty even if they are not legally guilty, to provide full confessions to police, and to agree in court whether they agree or even understand.

There are many downstream impacts of a guilty plea, criminal record, and contact with the justice system. Impacts can include loss of employment and housing, loss of family and community, trauma from incarceration, and increased risk of re-contact with the justice system. The impact may be worse in remote communities with language barriers, limited employment opportunities, over-policing, and challenges accessing courts and social services. Participants described Indigenous people in the justice system enmeshed in a vicious ‘administration of justice offence’ cycle of re-contact because of an inability to follow conditions that “criminalize” their addiction or a wide range of otherwise non-criminal behaviours. Indigenous people are overrepresented among charges for administration of justice offences and more likely than non-Indigenous people to come into subsequent contact with the justice system (Alberta Justice and Attorney General, 2012; Brennan & Matarazzo, 2016). Criminal records with administration of justice offences can make it difficult to obtain bail if arrested again, and increase the likelihood of another guilty plea, custody sentence, and further contact with the justice system.

Addressing parts of the justice system that incentivize guilty pleas and further disadvantage Indigenous people would help reduce the rate of incarceration of Indigenous people. Participants called for a more culturally appropriate justice system and increased supports for Indigenous people within and outside the system. Programs like the Indigenous Courtwork Program, legal aid, and specialized courts help Indigenous people navigate the justice system and access community supports and services. Other initiatives like restorative justice, cultural competency training for justice system professionals, and Gladue reports help tune the current system to Indigenous perspectives. Moreover, front-end social supports for poverty, housing, addiction, and mental health help address the root causes of contact with the criminal justice system.