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Ending segregation units, solitary confinement in Canadian jails

Canadian Independent Senator Kim Pate was in town last week to join with Assembly of First Nations National Chief Cindy Woodhouse Nepinak and Winnipeg Centre Member of Parliament Leah Gazan to tour Stony Mountain Penitentiary and argue for “Tona’s Law.”

The private member’s bill (Bill S-205) is named after an Indigenous woman named Tona Mills, who appeared before the Senate Human Rights Committee to explain how, during 10 years in federal custody, she endured long bouts of solitary confinement that resulted in isolation-induced schizophrenia and 11 years of further treatment.

Now advocated for by nearly three dozen Canadian Senators, organizations such as the Canadian Bar Association, and endorsed three times by the Senate as a whole, “Tona’s Law” calls for an end to segregation units and solitary confinement as a practice in Canadian jails alongside new, wide-ranging investments to get people out of prisons and into appropriate mental health services.

An accompanying bill (called S-207) also recommends a criminal record expiry process to help people move on with their lives after prison and more easily access jobs and housing as they integrate back into society and contribute to their communities.

“Despite representing 5% of Canada’s population, Indigenous Peoples represent one in three men, and one in two women, in federal prisons,” Pate stated in a news release. “Three out of four men imprisoned at Stony are Indigenous.”

Added Gazan: “At Stony Mountain, we met with First Nations men in isolated units. Limiting access to community connections, supports and healing prevents prisoners from getting what they need to successfully integrate and contribute to communities. Spending on prisons and the criminal legal system costs Canadians billions of dollars per year, and perpetuates the legacy and trauma of residential schools and other colonial policies through the forced separation of Indigenous Peoples from their families and communities.”

In 2019, the federal government committed to ending segregation after a series of court cases ruled the practice unconstitutional and that it resulted in physical, psychological and neurological harm.

A Canadian expert panel report released earlier this year, however, showed how segregation practices still continue today but often go under different names such as “Structured Intervention Units.”

“The human and social cost is enormous and the financial costs of hundreds of thousands of dollars per person per year can and should be invested in Indigenous communities if we ever hope to see an end to these current versions of residential schools,” continued Pate in her news release.

“It is time for Canada to question this wasteful and destructive use of resources, and to reorient spending priorities to the health, social, economic, educational, housing and other supports and infrastructure that will build up Indigenous communities, redress long-standing and discriminatory inequalities, prevent crime, and save money and lives.”

The fact is Canada appears to want to avoid its own laws and spend as much money on harmful processes in jails that result in Indigenous over-representation than actually keeping people out of them.

Helping Indigenous communities grow, thrive and help citizens become productive is a project of the “national interest” — even if some believe it doesn’t meet the profit-generating criteria set forth by the federal government.

 

Niigaan Sinclair, Columnist

 

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FIVE STORIES ON TURTLE ISLAND

1. In the midst of the all of the attention surrounding the National Day for Truth and Reconciliation, a Leger poll stated that 38 per cent of Canadians believe Canada belongs “first and foremost” to Indigenous Peoples while 43 per cent disagree and nearly twenty per cent “didn’t know.”

The poll illustrated that the majority of those who believe Canada belongs to Indigenous peoples are younger Canadians (18-24) while nearly three-quarters of Canadians aged 65 and over disagreed or had no idea.

Another fascinating fact: of those polled, nearly fifty per cent of those born outside of Canada say Canada belongs to Indigenous peoples while one 39 per cent of Canadian-born individuals agreed.


2. The Supreme Court of Canada begins its fall session this upcoming week and will hear a fascinating case surrounding two First Nations in B.C. claiming the same land.

The conflict, between the Nisga’a Nation and the Gitanyow Nation, is most interesting because the Nisga’a signed a landmark treaty in the year 2000 which the Gitanyow claim involved lands that come under their rights and title.

This creates one of those weird “made-in-Canada” situations where Canadian courts — which have recognized Indigenous law exists and is outside of Canadian jurisdiction — have to make a decision that impacts Indigenous rights and title. Add in this conflict and the decision is basically a verdict on the integrity of the modern treaty process in B.C. and this one is worth watching.


3. New research out of the University of Ottawa has revealed that more than one-third of Canadians present symptoms of depression and anxiety, with Indigenous, racialized and younger populations experiencing the majority of cases.

Surveying more than 4000 Canadians across racial groups, the study showed that depressive symptoms was highest among Indigenous participants (49.37 per cent), followed by people of Arab (44.23 per cent), Asian (41.42 per cent), Black (32.92 per cent), and white (32.69 per cent) descent.

Younger participants consistently reported higher depressive and severe depressive symptoms with 54.1 per cent of Indigenous young women at the top of that list. The prevalence of anxiety was highest among Indigenous peoples (47.58 per cent) as well.

Women were 1.47 times more likely to report anxiety symptoms than men, and non-binary individuals were at an even higher risk.


4. The Good Canadian is a new documentary featured on CBC platforms which documents the ongoing struggles of Indigenous peoples in Canada and how systemic racism, chronic neglect and underfunding, and misunderstanding leads to many of this country’s worst outcomes.

A few of the sobering statistics based on the 2021 census: 23.7 per cent of Indigenous children were living in poverty compared to 10.8 per cent of non-Indigenous children; life expectancy for Indigenous people is 77 years compared to 85 years for non-Indigenous people; and eight per cent of children in Canada are Indigenous but they make up 54 per cent of those in foster care.

Featuring voices of Indigenous leaders such as Cindy Blackstock, and directed by Leena Minifie and David Paperny, The Good Canadian is proof that violence isn’t something only happening overseas but right in our backyard.


5. Sept. 30 is also a special day for Indigenous peoples in the United States. Called “The National Day of Remembrance for U.S. Indian Boarding Schools” the day honors the lives of Native American children who, in the 1800s to the mid 20th century, were taken from away from their families and put into assimilative schools with often dangerous conditions. Many never returned home. The U.S.-based day also includes the wearing of orange shirts and shares many similar stories and legacies with Canadian residential schools.


IN PICTURES

People take part in the Orange Shirt Healing Walk and Powwow in Winnipeg Tuesday. (John Woods / Free Press)

People take part in the Orange Shirt Healing Walk and Powwow in Winnipeg Tuesday. (John Woods / Free Press)

For a full photo gallery of scenes from this year’s National Day of Truth and Reconciliation in Winnipeg, click here.

RECONCILI-ACTION OF THE WEEK

Every week I highlight an action, moment, or milestone forwarding reconciliation, illustrating how far Canada has come — and how far the country has yet to go.

This week’s reconciliaction of the week is for all of my Free Press colleagues — whose coverage once again documented the National Day for Truth and Reconciliation with grace, sensitivity, and showcased the complicated nature of the day.

Getting interviews, photos, and information on such a hard day for many Indigenous peoples (not to mention a holiday) is impressive and our paper once again showed why we are leaders on the documenting the process of truth and reconciliation in Canada.

There was of course these incredible series of photos by the talented John Woods, and this detailed piece on the day in Winnipeg by my colleague Malak Abas, a great and brilliant column written to children by the returning Melissa Martin, and great coverage by Scott Billeck on the new installations at the former site of the Assiniboia Residential School. There is, of course, our usual fare of Indigenous-centred stories, like this one on Indigenous language use in Manitoba Schools by Maggie Macintosh or this one on the wrongly convicted Russell Woodhouse by Dan Lett, but they hit a little different on the National Day.

Of course, there’s also this week’s launch of season 4 of the Niigaan and the Lone Ranger podcast featuring an interview with Premier Wab Kinew, who tells an incredible story of visiting young Indigenous men in prisons and how that has impacted his work and perspective.

I could go on and talk about so many others who work at the paper but this all goes to say how proud I am working at the Free Press and how dynamic and dedicated to the issue of truth and reconciliation this little independent newspaper is.

 
 

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WHAT I'VE BEEN WORKING ON

Niigaan Sinclair:

New truths emerge among sea of orange

No matter where you are, the path towards reconciliation between Indigenous Peoples and Canadians has been very turbulent over the past decade. In the 10 years since the end of the Truth and Reconcili... Read More

 

Niigaan and the Lone Ranger Podcast:

Trump and trade and Kinew, oh my!

A candid chat with the Winnipeg mayor about opening Portage and Main to pedestrians and (possibly) closing Graham Avenue to cars. And other stuff. Read More

 
 
 

LOCAL NEWS

Maggie Macintosh:

‘Really grateful’: cabinet minister returns to legislature after harrowing battle with sepsis

A Manitoba cabinet minister will assume her seat in the legislature months after a near-death experience — or, in her words, “a moment” that made her want to become an outspoken advo... Read More

 

Malak Abas:

Province gives organizations $4M for ‘culturally appropriate day programming’

Indigenous-led day programming for people struggling with addictions, including virtual clinic visits in rural areas and counselling services for youth, will receive $4 million in government funding,... Read More

 

Tyler Searle:

Sacred fire at police HQ brings ‘healing reflection and spiritual connection’

WPS chief pledges to listen, learn during service ahead of Orange Shirt Day Read More

 
 

OPINION

Lorraine Daniels:

This is what I want you to know

I sometimes stand on the third floor of the former Portage la Prairie Residential School, where hundreds of children stood before me, and look out over the grounds and the lake beyond. Read More

 

Doug Lauvstad:

Manitoba’s booming North

Big things are ahead for northern Manitoba. Political leaders at every level are focused on unlocking the North’s tremendous potential, and what sets this moment apart is the scale — which comes with... Read More

 
 

ARTS & LIFE

Free Press staff:

Local music industry players win WCMAs

Those working behind the scenes in Manitoba’s music industry were recognized with Western Canadian Music Awards over the weekend. Organizers of the Sākihiwē festival, which hosts national and local In... Read More

 

Ariel Gordon:

Métis lawyer launching second non-fiction book

Métis lawyer Bruce McIvor was raised in the Interlake but has lived in Vancouver for three decades. He is the founder of and a senior partner at First Peoples Law LLP, litigating and negotiating on behalf of Indigenous Peoples across the country. Read More

 

melanie brannagan frederiksen:

Belcourt insists on importance of sincerity

Throughout his latest collection, The Idea of an Entire Life (McClelland & Stewart, 80 pages, $25), Billy-Ray Belcourt returns to the idea that there is something radical in the confessional mode: “I believe in the magnificence of a lake in Northern Alberta// and the radical possibilities of telling strangers/ all my secrets.” Read More

 

Reviewed by:

Two Manitoba books up for Dafoe prize

The short list for the 2025 J.W. Dafoe Book Prize has been announced, with two Manitoba-published books making the group of five finalists. The prize, named for the journalist who was editor of the Ma... Read More

 

Ben Waldman:

Indigenous stories given wings by peers, playwrights

Six Indigenous storytellers are sharing new works with local audiences this week through Royal Manitoba Theatre Centre’s Pimootayowin: A Festival of New Work. Read More

 
 

FROM FURTHER AFIELD

 

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