Improving justice outcomes for Indigenous peoples: examining the utility of a culturally integrated risk assessment framework and implementation barriers to culturally responsive practice
Type: article
Abstract: Given the longstanding overrepresentation of Indigenous peoples in the Canadian criminal justice system, legislative and policy efforts have been made to address these disparities.The Supreme Court's decision in R v Gladue (1999) mandated sentencing judges to consider the unique systemic and background factors that have negatively affected Indigenous peoples due to colonialism, and to pursue alternatives to incarceration where appropriate.Subsequent case law has extended these principles to other decision points where an Indigenous person's liberty is at stake, including parole hearings.Despite these changes, Indigenous overrepresentation continues to worsen.One contributing factor may be the use of violence risk assessments-often criticized for their ethnocentric and risk-heavy frameworks-which significantly influence legal and correctional decisions and can perpetuate the over-incarceration of Indigenous peoples if their results are consistently inaccurate for these groups.This dissertation explores the potential for integrating culturally relevant Gladue principles into risk assessment practices.Study 1 involved an experimental design with forensic clinicians and legal professionals (N = 122) who were randomly assigned to review one of six vignettes and make parole decisions for an Indigenous examinee.Reports that contextualized and integrated Gladue information within risk assessments led to lower risk estimates, less punitive parole decisions, and improved clinical perceptions, compared to reports where Gladue information was omitted or lacked context or connection to risk.Study 2 surveyed a smaller sample (N = 23) of practitioners to identify barriers to implementing culturally informed risk practices.While participants generally supported Gladue principles and recognized their positive impact on risk-related outcomes, they cited significant obstacles, including limited organizational support, inadequate training and consultation, lack of culturally informed research, and the absence of structured guidelines for integrating cultural and risk information.These studies highlight both the promises and the challenges of embedding Gladue principles within risk assessment and management frameworks and underscore the need for greater policy reforms and institutional support to promote more equitable outcomes for Indigenous peoples in Canada.
Source: Summit (Simon Fraser University)
Author: Monjazeb, Sanam
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7139490596