Longer waits for parole disadvantage aboriginal offenders: report

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The vast majority of aboriginal offenders in federal prison are held long past the date they become eligible for parole, giving them less time under supervised release and – by the government's own calculations – shrinking their chances of success at living a free life again.

Almost 85 per cent of aboriginal inmates are held until federal authorities have little choice but to release them, according to a new report from the Public Safety Ministry, which is responsible for corrections.

Under federal law, inmates must be released, under supervision, at the two-thirds point of their sentence, unless authorities believe there is a high likelihood those offenders will commit a violent crime. For non-aboriginal inmates, the corresponding figure is 69.3 per cent. The report did not explain why the figures are so much higher for aboriginal offenders.

The difficulties for aboriginal offenders in obtaining their release echo the situation at the front end of the system. A disproportionate number of aboriginal people arrive in federal prison each year, despite a federal sentencing law that requires judges to consider alternatives to custody for native people. Aboriginal people make up 23.2 per cent of federal inmates, but only about 4 per cent of the Canadian population.

A spokesperson for Public Safety Minister Steven Blaney commented on the report Sunday: "Our Conservative government believes that criminals belong behind bars," said Jeremy Laurin. "Conditional release is not a right, it must be earned. Offenders have access to correctional programming that addresses their criminally."

The findings on release rates come as the country's Truth and Reconciliation Commission reported this month that disproportionate imprisonment is part of the legacy of Canada's century-long system of forced residential schooling for aboriginal children. Supreme Court Chief Justice Beverley McLachlin said last month Canada committed "cultural genocide" against native peoples.

The justice and correctional systems have explicitly acknowledged that history of inequality, but aboriginal offenders are still seen as a higher risk when entering and leaving the system.

"The difficulty is that a lot of the elements that define risk are factors that the individual can't do anything about," Howard Sapers, an ombudsman for federal prisoners, said in an interview. "If they come into prison with a history that includes addiction, homelessness, chronic unemployment, family dysfunction – those issues count against you in terms of risk assessment." A lack of family support can make reintegration more difficult. But the Supreme Court, citing the residential schools, has said aboriginal offenders need special consideration, not more punishment, he said.

The Public Safety department has no doubt that prisoners released at the two-thirds point do not do very well. The system is known as "statutory release," or release prescribed by law, rather than earned through parole. Most offenders are eligible for full parole at the one-third point.

"Statutory releases have the lowest rates of successful completion," says the report, called the Corrections and Conditional Release Statistical Overview. The report covers the fiscal year 2013-14 (April 1 to March 31).

About 62 per cent of all offenders on statutory release reach the end of their term without violating their release conditions, being charged again or returning to jail. Of those released on full parole, 85 per cent completed their sentence without trouble; those on day parole succeeded in 89 per cent of cases.

Mr. Sapers says the corrections system needs to find ways to reduce the risks posed by aboriginal, and other offenders, without extending their time in jail. "The greater proportion of your sentence you can serve in the community under supervision and with conditions and support, the greater chance of your success," he said.

By a wide range of measures, aboriginal offenders fare worse in prison than others. Arriving at an earlier age (48.8 per cent of those entering in 2013-14 were under 30, compared with 36 per cent of non-aboriginal inmates), they tend to be held in segregation more frequently and to be held in custody longer till their first release, Mr. Sapers said. They also make up 42.3 per cent of offenders held past their statutory release date, right to the end of their sentence, because of fears they will be violent, the report said. And once released, whether on parole or statutory release, they have their release suspended or revoked more frequently than others.