TJ Centre Speakers Series and the Public Humanities at Western - TopicsExpress

TJ Centre Speakers Series and the Public Humanities at Western present: Efrat Arbel, UBC Law “Rethinking the Discourse of Crisis in Aboriginal Corrections” Monday, November 3 from 12:30-1:30 p.m. Western University, Social Science Centre (SSC) 9420 (Deans Boardroom) Please join us! law.ubc.ca/faculty-staff/efrat-arbel Abstract: Canadian courts and legislatures have long recognized that Aboriginal peoples are vastly overrepresented in Canadian prisons. Perhaps most significantly, in its 1999 decision in R v Gladue, the Supreme Court of Canada famously remarked that the overincarceration of Aboriginal peoples represents a “crisis” in the criminal justice system reflecting entrenched societal inequalities and systemic biases, and outlined a legal framework through which this crisis should be addressed. Over a decade later, the Court reiterated this same claim in R v Ipeelee, again noting that Aboriginal overrepresentation represents a “crisis” in the Canadian criminal justice system, and again emphasizing the urgent need to address this problem. Despite this clear direction from the Court, Aboriginal people continue to be vastly overrepresented in Canadian prisons. In the last decade alone, for example, the rate of incarceration for Aboriginal women in federal prisons has increased by over 84%. Addressing the persistence of crisis in Aboriginal corrections, this paper asks: why despite repeated Supreme Court declarations that Aboriginal overincarceration is a “crisis” does the crisis persist, and even grow? And why, despite many earnest and well-meaning efforts to address the “crisis” over the span of so many years have these efforts not yielded meaningful change? Examining the broader effects of deploying a discourse of “crisis” in Aboriginal corrections, the paper posits that the question of why this problem persists is best addressed by paying attention to how it is conceptualized. It suggests that while the discourse of “crisis” accurately captures the severity and urgency of Aboriginal overincarceration, it is ultimately ill suited to address the problem at hand. Advocating a shift away from this discursive frame, the paper unpacks the discourse of “crisis” and the defensive anxieties it both reveals and obscures.

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