Listening on the inside
Feature story
Civil and political rights First Nations Inuit Métis
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How incarcerated Indigenous people are helping to shape criminal justice policy
Sara Young Pine knew that something important was still missing.
Sara is Cree from Attawapiskat in northern Ontario and Black Foot from the Blood Reserve in Alberta.
Sara’s team at the Department of Justice is working towards making Canada’s justice system more equitable, particularly for Indigenous People in Canada.
In August 2023, they had just published their first “What We Learned” report, containing feedback from Indigenous organizations, scholars, law clerks and more. Their thoughts would shape the government’s plan to address systemic discrimination and the overrepresentation of First Nations, Inuit and Métis in the justice system: the Indigenous Justice Strategy.
The participants’ feedback had been valuable, but they themselves voiced that those who are experiencing the justice system firsthand needed to be included in the conversation.
Before joining the Department of Justice, Sara was an Indigenous Outreach worker and a Gladue Writer, working on reports that provides courts across Canada with comprehensive information on the unique circumstances of Indigenous offenders. Some of her own family members have been through the criminal justice system. To truly understand the Indigenous criminal justice experience, Sara knew her team needed to hear from the people with lived experience and make room for their voices in the next report.
What is the Indigenous Justice Strategy?
One of the defining principles of the United Nations Declaration on the Rights of Indigenous Peoples is justice.
Canada’s Action Plan to implement the UN Declaration includes several action items to increase access to justice for Indigenous peoples. Action Plan Measure 28 includes finalizing an Indigenous Justice Strategy, in consultation and cooperation with Indigenous partners, provinces and territories to address racism and discrimination in the criminal justice system.
Sara Young Pine laughs while recalling her early determination.
“They are the community, and the community should be at the center - it is where we need to get our information from,” said Sara.
So, Sara pitched an idea: she would visit prisons, penitentiaries, and detention centers at all security levels and listen to the Indigenous people incarcerated there.
“I said I would literally rent a car myself and drive across the country if needed,” she said with a laugh.
Supported by the feedback from that first report, Sara’s idea was approved. But with the reporting deadline looming, she only had a couple of months to crisscross Canada.
Sara needed help.
Enter Jordyn
Jordyn Pepin-Sledz, Anishinaabe from Sagkeeng First Nation, north of Winnipeg, never thought she’d be on a road trip visiting Canada’s prisons.
Jordyn is a self-described academic with an advanced degree in Native Studies and a minor in Anishinaabemowin. She joined the Government of Canada as a student, working for Indigenous Services Canada before moving to the Department of Justice as a junior analyst and policy researcher. When she heard what Sara was doing, she immediately wanted to be a part of it.
She was out of her comfort zone, but this was important: “This work is like a representation of us and reflection of our communities,” said Jordyn.
“This engagement directly with incarcerated Indigenous people is something that I can stand by and know that my family and community would be proud of.”
Sara was over the moon to have help. She and Jordyn pulled out up a calendar and began mapping out their trip.
Day one
Jordyn still remembers entering their first facility: the Grand Valley Institute for Women in Kitchener, Ontario.
“It was large and the feeling of being transferred between security levels was striking,” said Jordyn. “At minimum security, the attitude between correctional officers and inmates is quite relaxed. General population is the next stage, and it was much different with movement more regulated.”
As they moved through the detention center, they could feel the atmosphere shift, with security requirements trumping human interactions, and the relationship between inmates and officers growing more intense.
“When we went to Max and I told Sara that felt like I needed to smudge. It was just a traumatic environment. The air was heavy.”
After being guided in, Sara and Jordyn would sit down with inmates and hold sharing sessions. They led the conversations and left any presumptions at the door. In their eyes, they were Indigenous people coming to hear the experience of other Indigenous people. To the incarcerated Indigenous people though, they were representatives of Canada. Jordyn and Sara hoped that inmates would feel comfortable enough to share their experiences.
The walls came down faster than they expected. “We opened up about our own family experiences with the criminal justice system,” said Sara. “With Indigenous people, there must be an exchange. When someone's giving you stuff about themselves, you share your experiences and connect that way.”
Sara and Jordyn’s smudge kit was an important companion during their travels.
Jordyn says that it helped that they were Indigenous employees. The incarcerated Indigenous people saw them as themselves and not just government officials. “They were really happy to see us, fellow Indigenous people, in these positions and they wanted to support us,” she said.
What we learned
What they heard surprised not only Sara and Jordyn, but a lot of the correctional officers and other staff present. The conversations were powerful, sometimes heart-wrenching testimonials of trauma and pain. Prisoners spoke about personal histories, from sexual abuse to physical violence. They told stories about how they got there and how they have been treated since. Many would explain incidents of racism or intolerance that they felt as Indigenous people navigating the justice system.
But, beyond the pain, the conversations also contained lots of important information and advice.
Jordyn Pepin-Sledz reflects on the difficult yet powerful experiences she had.
From the initial inmates at Grand Valley to all the incarcerated Indigenous people that Sara and Jordyn spoke to thereafter, participants shared constructive ideas on how to improve the criminal justice system in Canada. They would talk about the importance of leveraging existing people and tools, while indicating that it was difficult or impossible for them to access them, such as the on-site Elders and Healing Lodges. They would talk about the importance of supporting youth, ensuring that they have strong role models through programs like Big Brothers Big Sisters, and have access to cultural spaces to connect with their Indigenous identity. They talked about how there was a lack of resources to guide them through the court processes.
“By the end of each session, everyone was happy and extremely grateful or wanted us to engage longer,” said Jordyn.
As they went across the country in cars, buses, and small planes, from prisons to healing houses to women’s detention centers and beyond, Sara and Jordyn started noticing trends in what they were hearing.
They documented their findings in the People with Lived Experience: What We Learned report. They’re certain that these stories and the lessons will lead to a stronger Indigenous Justice Strategy.
It wasn’t all positive. The process was extremely draining.
Sara was used to being an advocate and jumping into action whenever she saw injustice. Now she was an official being tasked with observing and reporting. It was tough, especially when she would see a prisoner in conflict with an officer. “I didn’t realize it would impact me as much as it did. Whenever I saw an issue at a prison, I couldn’t help right away,” she said, her voice cracking with emotion.
Jordyn felt the mountain growing as they neared the finish line. “There were certain stories or certain instances where we would return to our hotel rooms, exhausted, and cry together,” she said.
There are things they would change in future consultations, like broadening the choice of institutions and allowing for more time. They are optimistic that this type of engagement could be done even better in the future.
During their travels, Jordyn and Sara would make time to reconnect with nature and community.
“It was tough emotionally, that is for sure, but I don’t regret any of it,” said Sara.
Jordyn agreed. “It was hard, but I would do it again in a second.”
Department of Justice Canada
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