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Indigenous People in Criminal Court in Canada: An Exploration Using the Relative Rate Index

Annex 2. Data Tables

Table 1: Indigenous accused relative to White accused (average RRI, shown as a +/- %) that received a preliminary inquiry and a trial, by selected characteristics, Canada, 2005-06 to 2015-16
Selected characteristics	Preliminary inquiry	Trial
All	+36%	-20%
Male	+41%	-17%
Female	-3%	-16%
Adult	+38%	-19%
Youth	…	-15%
Violent	+67%	-6%
Non-violent	+11%	-31%
Table 1 footnotes … of Table 1 …: not available Source of Table 1 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 1 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority.

Table 2: Indigenous accused relative to White accused (average RRI, shown as a +/- %), by court decisions and selected characteristics, Canada, 2005-06 to 2015-16
Selected characteristics	Guilty	Acquittal	Stay of proceedings	Withdrawn/Dismissed/Discharged	Other
All	+14%	-33%	+47%	-55%	-19%
Male	+14%	-28%	+38%	-55%	-10%
Female	+20%	-25%	+34%	-49%	-15%
Adult	+14%	-33%	+52%	-57%	-23%
Youth	+15%	-7%	+17%	-44%	…
Violent	+9%	-21%	+113%	-59%	-10%
Non-violent	+16%	-47%	+19%	-53%	-24%
Table 2 footnotes … of Table 2 …: not available Source of Table 2 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 2 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority. Guilty includes findings of guilt for the charged offence, an included offence, an attempt of the charged offence, or an attempt of an included offence, as well as guilty pleas and cases where an absolute or conditional discharge has been imposed. Stay of proceedings includes judicial stay, prosecutorial stay, and stay or withdrawn due to alternative measures, extrajudicial measures or other diversion program. Other includes, among others, not criminally responsible, unfit to stand trial, special pleas, and waived out of province or territory.

Table 3: Indigenous accused relative to White accused (average RRI, shown as a +/- %), by type of sentence and selected characteristics, Canada, 2005-06 to 2015-16
Selected characteristics	Custody	Conditional sentence	Probation	Fine	Other
All	+30%	+11%	-13%	-14%	+34%
Male	+38%	+20%	-15%	-16%	+16%
Female	+30%	-3%	-13%	+1%	+26%
Adult	+34%	+15%	-19%	-11%	+44%
Youth	+20%	…	0%	+11%	-6%
Violent	+30%	+60%	-20%	+144%	+15%
Non-violent	+30%	-5%	-12%	-13%	+41%
Table 3 footnotes … of Table 3 …: not available Source of Table 3 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 3 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. The Northwest Territories do not report conditional sentencing at this time. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority. Other includes, among others, absolute and conditional discharge, suspended sentence, community service order and prohibition order.

Table 4: Indigenous accused relative to White accused (average RRI, shown as a +/- %), conditional sentences vs. custody sentences, by selected characteristics, Canada, 2005-06 to 2015-16
Selected characteristics	Conditional sentences (vs. custody sentences)
All	-11%
Male	-11%
Female	-17%
Adult	-11%
Youth	…
Violent	+17%
Non-violent	-22%
Table 4 footnotes … of Table 4 …: not available Source of Table 4 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 4 Note: Includes 10 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. The Northwest Territories do not report conditional sentences at this time. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority.

Table 5: Indigenous accused relative to White accused (average RRI, shown as a +/- %), by length of custodial sentences and selected characteristics, Canada, 2005-06 to 2015-16
Selected characteristics	1 month or less	Greater than 1 month to 3 months	Greater than 3 months to 6 months	Greater than 6 months to 12 months	Greater than 1 year to less than 2 years	2 years or more
All	0%	-5%	+27%	+17%	-4%	-31%^{Footnote i of Table 5}
Male	-2%	-5%	+32%	+17%	+1%	-27%^{Footnote i of Table 5}
Female	0%	+4%	+10%	+178%^{Footnote ii of Table 5}	…	…
Adult	+1%	-7%	+26%	+16%	-4%	-31%^{Footnote i of Table 5}
Youth	-22%	+27%	+27%	+119%^{Footnote i of Table 5}	…	…
Violent	-15%	-7%	+52%	+43%	+19%	-14%^{Footnote i of Table 5}
Non-violent	+4%	-5%	+16%	-2%	-30%	-51%^{Footnote i of Table 5}
Table 5 footnotes … of Table 5 …: not available Footnote i of Table 5 The average RRI should be used with caution as the average RRI was calculated based on a ten-year period due to the unavailability of data in a given year. Return to first footnote i referrer of Table 5 Footnote ii of Table 5 The average RRI should be used with caution as there was a strong deviation in 2006-07. Return to footnote ii referrer of Table 5 Source of Table 5 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 5 Note: Includes 10 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Data on the length of custodial sentences are not available for Manitoba. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority. The length of custodial sentences refers to the length of time that remains to be served at sentencing, and not the entire length of the custodial sentence. However, in certain jurisdictions, the length of custody represents the full sentence.

Table 6: Indigenous accused relative to White accused (average RRI, shown as a +/- %) that received a preliminary inquiry and a trial, by jurisdiction, Canada, 2005-06 to 2015-16
Jurisdictions	Preliminary inquiry	Trial
British Columbia	-11%	-7%
Manitoba	+9%	+19%
New Brunswick	…	+8%
Newfoundland and Labrador	…	-1%
Nova Scotia	…	+34%
Northwest Territories	…	+10%
Nunavut	…	-42%
Ontario	+4%	-2%
Prince Edward Island	…	…
Saskatchewan	…	-22%
Yukon	…	+78%
Table 6 footnotes … of Table 6 …: not available Source of Table 6 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 6 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority.

Table 7: Indigenous accused relative to White accused (average RRI, shown as a +/- %), by court decision and jurisdiction, Canada, 2005-06 to 2015-16
Jurisdictions	Guilty	Acquittal	Stay of proceedings	Withdrawn/Dismissed/ Discharged	Other
British Columbia	+8%	-18%	-16%	-43%	…
Manitoba	+9%	-63%	-11%	…	…
New Brunswick	+2%	…	…	-1%	…
Newfoundland and Labrador	+3%	…	…	-13%	…
Nova Scotia	+1%	+39%	+53%	-5%	…
Northwest Territories	+12%	…	+15%	-30%	…
Nunavut	+81%	…	-17%	…	…
Ontario	+14%	-31%	+1%	-25%	+52%
Prince Edward Island	+5%	…	…	…	…
Saskatchewan	+11%	…	-20%	-8%	…
Yukon	-6%	…	+64%	+65%	…
Table 7 footnotes … of Table 7 …: not available Source of Table 7 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 7 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority. Guilty includes findings of guilt for the charged offence, an included offence, an attempt of the charged offence, or an attempt of an included offence, as well as guilty pleas and cases where an absolute or conditional discharge has been imposed. Stay of proceedings includes judicial stay, prosecutorial stay, and stay or withdrawn due to alternative measures, extrajudicial measures or other diversion program. Other includes, among others, not criminally responsible, unfit to stand trial, special pleas, and waived out of province or territory.

Table 8: Indigenous accused relative to White accused (average RRI, shown as a +/- %), by type of sentence and jurisdiction, Canada, 2005-06 to 2015-16
Jurisdictions	Custody	Conditional sentence	Probation	Fine	Other
British Columbia	+46%	-9%	+9%	-32%	-21%
Manitoba	+81%	-42%	+87%	-17%	-27%
New Brunswick	+14%	+8%	+10%	-16%	-6%^{Footnote i of Table 8}
Newfoundland and Labrador	+64%	+7%	-2%	-30%	-35%
Nova Scotia	+39%	+14%	+4%	-22%	+22%^{Footnote i of Table 8}
Northwest Territories	+47%	…	+53%^{Footnote i of Table 8}	-10%	…
Nunavut	…	…	+30%	-69%^{Footnote i of Table 8}	…
Ontario	+28%	+54%	+2%	-36%	-17%
Prince Edward Island	0%^{Footnote i of Table 8}	…	…	…	…
Saskatchewan	+57%	+42%	-1%	-23%	+6%
Yukon	+130%	-5%^{Footnote i of Table 8}	+29%	-37%	…
Table 8 footnotes … of Table 8 …: not available Footnote i of Table 8 The average RRI should be used with caution as the average RRI was calculated based on a ten-year period due to the unavailability of data in a given year. Return to first footnote i referrer of Table 8 Source of Table 8 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 8 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Data for Northwest Territories should be used with caution as the number of custody orders have been under-reported and the number of probation have been over-reported; the majority of custody orders were captured as probation. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority. Other includes, among others, absolute and conditional discharge, suspended sentence, community service order and prohibition order.

Table 9: Indigenous accused relative to White accused (average RRI, shown as a +/- %), conditional sentences vs. custody sentences, by jurisdiction, Canada, 2005-06 to 2015-16
Jurisdictions	Conditional sentences (vs. custody sentences)
British Columbia	-29%
Manitoba	-57%
New Brunswick	-4%
Newfoundland and Labrador	-28%
Nova Scotia	-12%
Northwest Territories	…
Nunavut	…
Ontario	+15%
Prince Edward Island	…
Saskatchewan	-3%
Yukon	…
Table 9 footnotes … of Table 9 …: not available Source of Table 9 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 9 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority.

Table 10: Indigenous accused relative to White accused (average RRI, shown as a +/- %), by length of custodial sentences and jurisdiction, Canada, 2005-06 to 2015-16
Jurisdictions	1 month or less	Greater than 1 month to 3 months	Greater than 3 months to 6 months	Greater than 6 months to 12 months	Greater than 1 year to less than 2 years	2 years or more
British Columbia	+16%	-14%	-12%	-9%	-21%^{Footnote i of Table 10}	…
Manitoba	…	…	…	…	…	…
New Brunswick	-2%	…	…	…	…	…
Newfoundland and Labrador	+10%	+25%	…	…	…	…
Nova Scotia	+16%	-9%^{Footnote i of Table 10}	…	…	…	…
Northwest Territories	…	…	…	…	…	…
Nunavut	…	…	…	…	…	…
Ontario	+6%	-6%	+4%	-2%	-28%^{Footnote i of Table 10}	-29%^{Footnote i of Table 10}
Prince Edward Island	…	…	…	…	…	…
Saskatchewan	+20%	-10%	+37%	+4%	…	…
Yukon	+61%	…	…	…	…	…
Table 10 footnotes … of Table 10 …: not available Footnote i of Table 10 The average RRI should be used with caution as the average RRI was calculated based on a ten-year period due to the unavailability of data in a given year. Return to first footnote i referrer of Table 10 Source of Table 10 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 10 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority. The length of custodial sentences refers to the length of time that remains to be served at sentencing, and not the entire length of the custodial sentence, However, in certain jurisdictions, the length of custody represents the full sentence.

Table 11: Average median length of custodial sentences (in days) of Indigenous accused relative to White accused, by selected characteristics, Canada, 2005-06 to 2015-16
Selected characteristics	Indigenous	White
All	30	30
Male	32	30
Female	18	19
Adult	30	30
Youth^{Footnote i of Table 11}	56	36
Violent	84	64
Non-violent	29	30
Table 11 footnotes Footnote i of Table 11 Caution should be used when looking at median lengths, especially on the youth file as the counts were low but did not meet requirements of Census suppression rules. Return to footnote i referrer of Table 11 Source of Table 11 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 11 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority. The length of custodial sentences refers to the length of time that remains to be served at sentencing, and not the entire length of the custodial sentence, However, in certain jurisdictions, the length of custody represents the full sentence. The median represents the point at which half of all cases had longer custodial sentence lengths and half had shorter custodial sentence lengths. Weighted medians were calculated using adjusted Census weights.

Table 12: Average median length of custodial sentences (in days) of Indigenous accused relative to White accused, by jurisdiction, Canada, 2005-06 to 2015-16
Jurisdictions	Indigenous	White
British Columbia	18	26
Manitoba	…	…
New Brunswick	50	43
Newfoundland and Labrador	29	29
Nova Scotia	23	31
Northwest Territories	34	63^{Footnote i of Table 12}
Nunavut	40	…
Ontario	30	30
Prince Edward Island	35^{Footnote i of Table 12}	11
Saskatchewan	50	56
Yukon	33	32^{Footnote i of Table 12}
Table 12 footnotes Footnote i of Table 12 The average median length of custody should be used with caution as the average median length was calculated based on a ten-year period due to the unavailability of data in a given year. Return to first footnote i referrer of Table 12 Source of Table 12 Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005-06 to 2015-16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada. Note of Table 12 Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the requisite personal identifiers required for linkage were not available. Indigenous accused includes First Nations, Inuit and Métis. White accused includes those who identified as neither Indigenous nor as a visible minority. The length of custodial sentences refers to the length of time that remains to be served at sentencing, and not the entire length of the custodial sentence. However, in certain jurisdictions, the length of custody represents the full sentence. The median represents the point at which half of all cases had longer custodial sentence lengths and half had shorter custodial sentence lengths. Weighted medians were calculated using adjusted Census weights.

Date modified:: 2021-07-29