Criminalizing the Colonized: Ontario Native Women Confront the Criminal Justice System, 1920–60

Over the past decade, Aboriginal women’s conflicts with the law and their plight within the penal and child welfare systems have received increasing media and government attention. Framed by the political demands of Native communities for self-government, and fuelled by disillusionment with a criminal justice system that has resolutely failed Native peoples—both as victims of violence and as defendants in the courts—government studies and royal commissions have documented the shocking overincarceration of Native women. At once marginalized, yet simultaneously the focus of intense government interest, Native women have struggled to make their own voices heard in these inquiries. Their testimony often speaks to their profound alienation from Canadian society and its justice system, an estrangement so intense that it is couched in despair. “How can we be healed by those who symbolize the worst experiences of our past?” asked one inmate before the 1990 Task Force on federally sentenced women.2 Her query invokes current Native exhortations for a reinvention of Aboriginal traditions of justice and healing; it also speaks directly to the injuries of colonialism experienced by Aboriginal peoples.

The pains of release: Federally-sentenced women’s experiences on parole

Contributing to the international literature on reintegration and parole governance, we examine the release experiences of women ( n=43) who served time in federal Canadian prison through a qualitative content analysis of casework documents. We show that the multiple stressors of release, combined with layers of social marginality, may render the “pains of release” as equally compromising to (albeit distinct from) those associated with imprisonment. Findings reveal several key pains of re-entry for formerly incarcerated women experience: Over stimulation, social disorientation and social precarity; missing “hooks” for new identities; parental and custodial struggles; extensive parole obligations; and living conditions. Implications for policy and case management practices are presented.

It’s Your Job to Save Me: The Union of Canadian Correctional Officers and the Death of Ashley Smith

The death of Ashley Smith represents the first time in Canadian legal history that correctional officers were criminally charged in the death of a prisoner under the care of the state. In response to these unprecedented charges, the Union of Canadian Correctional Officers (UCCO) mounted a highly public campaign in defense of the officers. In this article, I review UCCO’s media statements following Smith’s death, submissions to various government review committees, and the current Global Agreement between UCCO and Correctional Service Canada (CSC) regarding federally sentenced women. I suggest these narratives work to reproduce administrative segregation as necessary to manage “troubled young women” who are constituted as an unsafe working condition for officers. I highlight the failure of UCCO to influence government policy, unlike the effective success of unions in the United States, and I challenge the place of UCCO in Canada’s trade union movement.

You Were Hired to Teach! Ideological Struggle, Education, and Teacher Burnout at the New Prison for Women

Critical theorists consider schools as sites of ideological struggle. The following is an account of Suzettes (pseudonym) attempts to define the educational practices in a women’s prison according to the democratic principles suggested in the Task Force Report on Federally Sentenced Women: Creating Choices, (Correctional Service of Canada, 1990). This report led to the construction of five new prisons for women across Canada. Suzettes case illustrates how ideological struggles are experienced personally, and how they contribute to her burnout disillusionment and resignation. Habermass critical research program and his concept of system and lifeworld undergirds this interpretation of this teachers resistance to the correctional ethos at the New Prison for Women (NPW).

A Class Action on Behalf of Federally-Sentenced Women with Mental Health Issues

The inquiry into Ashley Smith’s in-custody death is playing a crucial role in opening up the typically inscrutable prison system and forcing the Correctional Service of Canada (CSC) to defend its policies and practices under intense public scrutiny. Yet there is a risk that Smith will be understood as an extreme outlier, rather than an indicator of a deeper problem. There remains a broader need for concrete and systemic reform of the prison system as it treats Federally-Sentenced Women (FSW) with mental health issues. In this analysis I will consider how civil litigation might be used in creative ways to seek remedies for this segment of the prison populations. Specifically, I will explore the viability of a class action lawsuit against CSC on behalf of FSW with mental health issues, with a sub-class of Aboriginal female prisoners. While there are admittedly a number of practical obstacles to bringing this type of lawsuit, a class action against the Crown offers an interesting combination of private and public law advantages as well as the potential for both individual recourse and systemic change