Ensure the availability of Indigenous cultural programming within the corrections system.

Indigenous Justice Action Circle: Identified barriers, ongoing advocacy and planning

Indigenous cultural programming is a priority for the Indigenous Justice Action Circle. The Action Circle has identified the following three main barriers to ensuring the availability of Indigenous cultural programming within the correction system:

A lack of understanding/training among correctional officers. No progress has yet been identified on ensuring adequate training for correctional officers. (See Call for Change 6.)

Difficulties in identifying Indigenous inmates. Progress has been made towards being able to identify Indigenous individuals in the corrections system. New data collection categories to identify Indigenous individuals have been added to the Provincial Corrections Offender Management System (PCOMS). These have been piloted as of June 2024. (See Call for Change 30.)

A lack of standardized policies. The Correctional Services Act (CSA) has yet to be proclaimed. When it is proclaimed, the CSA will consolidate and replace the Prisons Act (1967) and the Adult Corrections Act (1975). The CSA includes new provisions to ensure access to culturally appropriate programming for Indigenous offenders.

Department of Justice and Public Safety: Lack of clarity regarding plans to implement programming given Correctional Services Act has not yet been proclaimed

In May 2024, the Department of Justice and Public Safety (JPS) held a technical briefing to discuss changes to the Correctional Services Act (CSA). Section 4(h) of the amended Act mandates that “policies, programs and practices will be responsive to the particular needs of… Indigenous peoples.” Section 45(b)(ii)(A) further commits that “the director shall coordinate and encourage wherever possible… both in the correctional facility and in the community… specific programming and services to reflect the needs and culture of Indigenous offenders.”

Neither the text of the CSA as amended nor the associated draft regulations specify how these commitments are to be fulfilled. There is in particular a lack of specificity as to how offenders are to identify as Indigenous and therefore be able to access culturally appropriate programming while serving their sentences. The CSA as amended also does not specify how such programming is to be arranged or who will deliver it.

In partnership with JPS, First Light has been delivering cultural programming for Indigenous offenders in provincial correctional institutions since 2010. However, JPS has consistently underfunded these services. As a result, First Light has had to cover shortfalls in funding year-to-year to ensure the ongoing availability of essential programming in institutions where the programming is provided. To date, JPS has made no commitment to allocate the necessary resources to ensure that program delivery will be available into the future as mandated by law.

First Voice has communicated its concerns to JPS that the CSA, its amendments, and the associated draft regulations are insufficient to guarantee that Indigenous people have regular access to culturally appropriate programming in provincial correctional institutions. First Voice has asked that the following be enshrined in legislation, regulations, and/or policy as appropriate:

• Methods to gather accurate demographic data on inmates, including mandatory training for those responsible for gathering such data;
• A plan to make data on the rate of Indigenous incarceration available publicly;
• A multiyear plan for organizing and delivering culturally appropriate programming to Indigenous inmates across the province;
• Budget allocations to fund the full cost of program delivery;
• Application of an intersectional lens in determining the complex/compounding needs that are listed in section 4(h); and
• Adequate training for correctional officers and other officials on critical topics such as cultural humility, Indigenous cultures and histories, intergenerational trauma, and anti-oppressive practice.

Currently, the availability of culturally appropriate programming for Indigenous inmates depends entirely on Indigenous organizations, including Friendship Centres like First Light, which are not fully funded to deliver such programming. While the Correctional Services Act has yet to be proclaimed, it does specify that policies, programs and practices should be responsive to the specific needs of Indigenous Peoples.

First Light: Provides cultural support for Indigenous inmates, demand exceeds resources

First Light provides cultural and system navigation support for Indigenous people who are involved in the corrections system. The demand for these supports far exceeds the current capacity and availability of funding. At the request of the Department of Justice and Public Safety (JPS), First Light submitted a proposal in April 2024 to increase cultural and system navigation support for Indigenous inmates at Her Majesty’s Penitentiary (HMP) and the Clarenville Correctional Centre for Women (CCCW). The proposal included funding for cultural supports within each institution, accompaniments upon release and return to home lands, support and accompaniments with court appearances, connections and advocacy with lawyers and officers, and cultural diversity training for staff at HMP and CCCW. This proposal was rejected.

For the Department of Justice and Public Safety (JPS):

• In collaboration with appropriate community service providers, like First Light, conduct an independent point-in-time (PiT) count of Indigenous offenders in the provincial corrections system.
• Develop and implement appropriate policies and procedures to ensure that demographic data is collected on inmates at the point of entry into the system. Adequate training must be provided for staff to ensure the consistency and accuracy of all such data. (See Calls for Change 12, 15, and 30.)
• Allocate funding in the upcoming budget cycle to ensure the reliable and consistent availability of culturally appropriate programming and supports for Indigenous inmates in the provincial corrections system.
• Ensure that all correctional facility staff complete mandatory training on the histories and cultures of Indigenous Peoples, with a specific focus on the context of Newfoundland and Labrador.