Findings >

Conclusion and next steps

The collection of data on Aboriginal people in the criminal justice system is needed to maintain government accountability to the Aboriginal community and to inform policy and program development for Aboriginal people. Although data on Aboriginal identity can be collected at other points in the criminal justice system, the collection of these data by police is crucial and unique. As the point of initial contact for all persons in conflict with the law, police are able to provide information on those persons diverted away from the formal justice system, those who are victims of violent crime, as well as those who are charged and proceed through the criminal justice system.

Presently, there are a number of police services not providing data on Aboriginal identity and, for those that are, there are issues of data quality that stem from operational and methodological concerns. Without participation from all forces, including the Royal Canadian Mounted Police, full coverage in several provinces, all territories and at the national level is unattainable. Further, with gaps in police data, comparisons and linkages with courts and corrections data are compromised.

It is also noteworthy that no data on Aboriginal people are reported by adult and youth criminal courts and that there is little interest by court administrators to do so. Yet, the Supreme Court of Canada decision in R. vs. Gladue ruled that the courts, when sentencing, are obliged to consider the context of Aboriginal offenders' lives and culturally-sensitive sentencing options, pointing perhaps to the importance of understanding court activity in relation to Aboriginal people and to the importance of more detailed information on an Aboriginal person's community affiliations and culture.

Together, various strategies that would make data collection on Aboriginal people in the criminal justice system a priority would help improve coverage and data quality. Such strategies include the following:

• Fostering relationships and consulting with Aboriginal groups to better understand the positions of different groups regarding data collection and self-identification, to resolve concerns and encourage/promote self-identification and the use of the data.

• Developing a coordinated communication strategy directed at the police and other justice sectors, Aboriginal people, other stakeholders and the public to raise awareness of and support for the collection of Aboriginal identifying information.

• Having appropriate governing bodies encourage and support police and other criminal justice sectors to collect these data.

• Implementing national standards for defining and collecting Aboriginal identity, including ensuring administrative systems either mirror or are correctly mapped to standard national definitions.

• Educating and training police and other criminal justice sectors regarding standard definitions and collection methods.

• Evaluating data submissions, such as detailed auditing and data verification exercises.

• Where appropriate, cross-referencing data with other more reliable sources of data that use self-identification, such as police booking systems or corrections case management systems.

• Continuing to assess the feasibility and encourage the development of collecting Aboriginal identity through other crime-related national surveys, such as the Transition Home Survey.

These strategies could be approached on a jurisdiction by jurisdiction basis, beginning with a pilot project in one jurisdiction. Once measures to improve data quality are implemented, effort and support to maintain and keep improving data quality will be needed.