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The need for data

Aboriginal peoples occupy a distinct social, cultural and political status within Canada as bearers of constitutionally protected Aboriginal and Treaty rights. For Aboriginal people, the collection of identifying information responds to several important principles. Without sound data on Aboriginal people's involvement in the justice system, governments cannot be accountable to Aboriginal communities or to the public for justice outcomes for Aboriginal people. These data are essential for responding to issues of transparency, accessibility, fairness and equity in the justice system, and are particularly relevant for Aboriginal people given their high level of over-representation in this system. Further, Aboriginal Identity data across the justice system are needed to effectively monitor and evaluate policy, programming and performance, and to design interventions both inside and outside of the justice system that foster better outcomes in the lives of Aboriginal people.

More specifically, a number of inquiries and public policy statements have documented the experiences of Aboriginal people with Canada's criminal justice system and have referred to the need for accurate data. Experiences faced by Aboriginal people with respect to the criminal justice system were presented most recently in two reports from Saskatchewan: the Report of the Commission on First Nations and Métis People and Justice Reform (June 2004) and the Report of the Commission of Inquiry into Matters Relating to the Death of Neil Stonechild (October 2004). While recommendations stemming from various commissions and inquiries are based, among other evidence, on the testimony of Aboriginal people, it should be noted that no consultations on the specific question of data collection activities under the National Justice Statistics Initiative have been undertaken with Aboriginal groups.

In addition to the data needs documented in various high-level reports, in 2001, the Canadian Centre for Justice Statistics informally consulted with federal, provincial and territorial ministries in the National Justice Statistics Initiative to identify their information needs in terms of data on Aboriginal people. In summary, those consulted voiced a need for data that would:

• Enable analysis of Aboriginal representation across the various sectors of the justice system (e.g. police, courts, and alternative justice programs) and not just the corrections sector;

• Provide detailed information reflecting social conditions, such as demographics, employment, occupation, income, education, health and other factors that may have impacts on social cohesion and the justice system;

• Take into account diversity issues within Aboriginal groups, including the consideration of regional differences;

• Allow for comparisons between Aboriginal and non-Aboriginal populations, as well as between various Aboriginal groups; and

• Facilitate informed policy and program development concerning Aboriginal people.

More recently in the fall of 2004, as part of the renewal of its four-year strategic plan, the National Justice Statistics Initiative began a series of consultations with a variety of federal, provincial and territorial departments regarding their data needs. Consultations to date have identified information on Aboriginal people as a priority.