How often do we think about our prisons? Inmates, and the reasons for their incarceration, are likely far from our minds. Designed to be out of society’s sight and mind, prisons themselves are physically isolated.

A “tough on crime” mentality has generally been considered to be a vote winner as public opinion demands safe, secure communities. In response to that trend, and since the 1976 abolition of the death penalty, successive governments of different partisan stripes have steadily increased the number of mandatory minimum penalties, originally designed to act as a deterrence, to impose uniform standards of sentencing and to satisfy a victim’s desire for justice.

However, this conventional attitude may be running out of time as it collides with systemic discrimination, mental health issues, racist attitudes and a contemporary desire for reconciliation’s healing values with our Indigenous peoples.

Do mandatory minimums, which some argue are unconstitutional, actually encourage wrongful guilty pleas from the marginalized and racialized who may not have access to timely and smart legal advice? Are they too arbitrary, taking away any discretion from judges, who could consider the history of the accused?

Canada has a population of 37.59 million compared to an Indigenous population of 1,673,780 (5 per cent). You would expect that the percentage of any prison population would reflect those numbers. Yet, a recent report from the federal Office of the Correctional Investigator states that the proportion of Indigenous people behind bars has reached a historic high of 30 per cent.

“Since April 2010, the Indigenous inmate populations has increased 43.4 per cent whereas the non-Indigenous incarcerated population has declined over the same period by 13.7 per cent.” At the current pace of incarceration, the number of Indigenous people will comprise 33 per cent of the total federal inmate population within the next three years.

These numbers are not a badge of honour for a country that advocates fairness and equality in other countries.

More troubling is that Indigenous women represent an incredible 42 per cent of the female prison population and worse, that about 4-in-5 women are incarcerated for poverty related crimes. As a result, organizations like the Basic Income Canada Network are advocating for a guaranteed livable income.

How can we argue for gender equality abroad without appearing hypocritical?

Taxpayers should also pay attention. For a female inmate, each additional year of her prison sentence was estimated by the Parliamentary Budget Officer is estimated between $343,000 and $600,000. In contrast, serving a sentence in her community would cost $18,000 and would allow her to reintegrate, keep children and decrease the likelihood of criminalization in the future. In light of these facts, surely it is time that judges be allowed discretion in sentencing, based on a person’s history and family responsibilities.

Independent Sen. Kim Pate certainly thinks so. A lawyer and teacher by training, she is an expert in the prison reform, having worked for in the field for decades. For years, she and others like Sen. Murray Sinclair, the former chair of the Truth and Reconciliation Commission, Marion Buller, chair of the National Inquiry into Missing Murdered and Indigenous Women and Girls, and Cindy Blackstock, a professor and tireless activist for child protection and Indigenous children’s rights have flagged warning signs. Indeed, Dr. Ivan Zinger, Canada’s Correctional Investigator, noted that four years ago, his office had indicated that “efforts to curb overrepresentation were not working.”

So, what can be done?

Next week, Pate will introduce a Judicial Discretion Bill in the Senate. In spite of heated debate about the value of mandatory minimum sentences in the past, Pate will argue that the ‘proliferation of mandatory minimum penalties has increased criminalization of those who are poorest, racialized (especially Indigenous Peoples), women and those with disabling mental health issues’. If she and other like-minded Senators are successful, the elected House of Commons should pay strict attention.

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Minority governments are often said to bring about great social change. If there was ever a time for change, this is it. This 2020 snapshot of our prison system exposes historic wrongs, shames Canada’s global reputation and leaves a dreadful legacy for our younger citizens.

It’s past time to reframe this picture.