On Turtle Island, a deeply unsettling paradox persists: Indigenous peoples, the original inhabitants, are drastically over-represented in carceral systems across what are now known as Canada and the United States. This is not merely a statistic; it is a profound failure of justice, a direct legacy of colonization, and an urgent call for decolonization within the very structures designed to maintain order. Addressing this over-incarceration requires a radical shift, away from punitive colonial models and towards Indigenous-led, culturally grounded approaches that prioritize healing, restoration, and self-determination.
The numbers are stark and unforgiving. In Canada, Indigenous adults represent just over 5% of the national population but account for over 30% of federal inmates. For Indigenous women, the disparity is even more egregious, making up nearly half of all federally incarcerated women. South of the border, Native Americans are similarly over-represented in state and federal prisons, often incarcerated at rates significantly higher than their proportion of the general population. These figures are not random; they are the quantifiable outcome of centuries of systemic racism, land dispossession, forced assimilation, and intergenerational trauma.
This crisis is not born of a vacuum. Its roots trace directly back to the imposition of European legal systems on Indigenous lands and peoples. Prior to contact, Indigenous nations possessed sophisticated, diverse justice systems focused on community harmony, restitution, and healing rather than punishment and isolation. The arrival of colonizers brought with it a foreign concept of law, one that systematically criminalized Indigenous ways of life, spiritual practices, and even their very existence. The residential and boarding school systems, designed to "kill the Indian in the child," inflicted widespread abuse and trauma, severing cultural ties and creating cycles of addiction, mental health crises, and poverty that disproportionately push Indigenous individuals into conflict with the law.
The mainstream criminal justice system, a colonial construct, consistently fails Indigenous peoples. It operates on Eurocentric principles that often lack understanding or respect for Indigenous worldviews, traditions, and collective responsibilities. Sentencing disparities are rampant, with Indigenous offenders often receiving harsher penalties for similar crimes compared to non-Indigenous counterparts. Mandatory minimum sentences, often applied to drug or property offenses, disproportionately impact those struggling with poverty and addiction—issues deeply connected to historical trauma and lack of opportunity in Indigenous communities. Furthermore, the system frequently overlooks the Gladue principles in Canada, which mandate that courts consider the unique systemic and background factors that may have contributed to an Indigenous offender’s presence before the court. The spirit of Gladue, though enshrined in law, is too often ignored or poorly applied, perpetuating the cycle of incarceration.
Every incarceration rips a hole in the fabric of Indigenous families and communities. It removes parents, elders, and knowledge keepers, disrupting the transmission of language, culture, and traditional teachings. This perpetuates the very trauma that often leads to involvement in the justice system, creating a pernicious cycle that undermines community resilience and cultural revitalization efforts. The loss of connection to land, family, and culture within carceral institutions further exacerbates mental health issues and addiction, making successful reintegration into society incredibly challenging upon release.
Addressing over-incarceration therefore demands a fundamental shift from a punitive, individualistic approach to one rooted in Indigenous concepts of restorative justice, healing, and collective well-being. This begins with recognizing and supporting Indigenous jurisdiction over justice. Indigenous nations, as sovereign entities, have the inherent right to develop and implement their own justice systems, tailored to their specific cultural contexts and community needs. This is not about creating "alternative" systems, but about recognizing and empowering original, inherent systems of governance and justice.
One of the most promising and effective pathways lies in the expansion and proper funding of Indigenous-led restorative justice programs. Unlike the adversarial model, restorative justice focuses on repairing harm, involving victims, offenders, and communities in a process of dialogue and reconciliation. It seeks to understand the root causes of conflict and crime, providing opportunities for accountability, empathy, and healing. Programs like healing circles, which draw on traditional practices, allow participants to speak from the heart, share their stories, and collectively determine pathways to resolution and reintegration. These circles, guided by Elders and community leaders, foster a sense of belonging and responsibility that is often absent in conventional courts.
Furthermore, the establishment and support of Indigenous healing lodges and community-based alternatives are crucial. These facilities, often located on or near traditional lands, integrate cultural teachings, ceremonies, and land-based healing practices into their programs. They provide a culturally safe environment where individuals can address trauma, addiction, and mental health issues with the guidance of Elders, knowledge keepers, and culturally competent professionals. The focus is on holistic well-being, reconnecting individuals with their identity, spirituality, and community, thereby significantly reducing recidivism rates compared to mainstream correctional facilities. For instance, studies have shown that participants in Indigenous healing lodges in Canada often have lower rates of re-offending than those released from traditional prisons.
Decolonizing justice also means prioritizing prevention and early intervention. Investing in Indigenous-led initiatives that address the social determinants of health—such as housing, education, employment, mental health services, and cultural programs—can significantly reduce the pathways to incarceration. Supporting language revitalization, traditional parenting programs, and youth mentorship grounded in Indigenous values can build stronger, more resilient communities less susceptible to the justice system’s grasp. For many Indigenous communities, reconnecting with the land and traditional practices offers profound healing and purpose, acting as a powerful antidote to the alienation that often precedes criminalization. Land-based healing camps, for example, teach traditional skills, connect participants to ancestral territories, and foster a deep sense of identity and belonging.
However, the path to decolonizing justice is fraught with challenges. Insufficient funding remains a major barrier, with Indigenous-led programs often operating on shoestring budgets compared to the vast resources allocated to mainstream carceral systems. There is also systemic resistance from within colonial legal frameworks, which are often slow to cede power or embrace genuinely transformative approaches. Political will and genuine partnership from settler governments are essential. True reconciliation demands more than symbolic gestures; it requires the transfer of resources, the recognition of Indigenous jurisdiction, and a commitment to dismantling the structures that perpetuate injustice.
Ultimately, addressing over-incarceration on Turtle Island is not merely about reforming a broken system; it is about restoring justice, sovereignty, and humanity to Indigenous peoples. It is about recognizing that Indigenous communities hold the solutions to their own challenges, and that their traditional legal philosophies offer profound wisdom that can benefit all of society. By supporting Indigenous-led justice initiatives, investing in community-based healing, and actively decolonizing the legal landscape, we can begin to dismantle the colonial legacy of incarceration and build a future where justice means healing, belonging, and self-determination for all. The time for genuine change, guided by Indigenous voices and wisdom, is not just overdue—it is an imperative for a truly just society.
