When Justin Trudeau became Canada’s Prime Minister 10 years ago, he promised to rebuild the relationship between Canada and Indigenous peoples. Trudeau vowed to address recommendations from a government commission, which included eliminating the over-representation of Indigenous people in custody within a decade.
However, as Trudeau prepares to step down as Liberal leader on Sunday, this issue has grown worse. First Nations people, who comprise 5% of Canada’s population, now represent about one-third of federal inmates—up from just over one-fifth in 2015.
A chart highlights the proportion of Indigenous individuals within Canada’s federal prison system.
High incarceration rates among First Nations people also occur in other Western countries. In the United States, Indigenous people are imprisoned at twice the rate of the general population, according to the Prison Policy Initiative.
In Australia, the incarceration rate for Aboriginal people is 15 times higher than for others. In Canada, the Liberal government’s efforts to tackle the issue have struggled to gain traction.
For this report, Reuters interviewed 50 individuals connected to Canada’s justice system, including lawyers, advocates, prison employees, and former inmates. They pointed to several factors contributing to higher incarceration rates for First Nations: stricter post-release conditions, more parole denials, and the use of mandatory minimum sentences.
Data obtained by Reuters through a freedom-of-information request revealed a sharp rise in the use of supervision orders for Indigenous individuals, increasing at four times the rate for white Canadians.
These strict conditions, applied after prison sentences are served, rose by 53% over the past decade.
Trudeau’s office and Canada’s justice ministry did not respond to questions. In 2022, the government did repeal mandatory minimum sentences for some drug and weapon offences, but they remain in place for other crimes.
In Canada, long-term supervision orders are intended for cases where individuals pose a risk to public safety. Similar measures exist in the United States and United Kingdom, often focused on sex offenders.
Lawyers and advocates say First Nations people are often seen as higher risk due to factors like poverty, unstable living conditions, and untreated mental health issues. These challenges can lead to longer records of minor violent offences, making them more likely to face strict conditions.
First Nations people make up over one-third of Canadians under such supervision orders—328 out of 959 cases—slightly higher than their proportion of the overall federal prison population.
A graph illustrates the rise in long-term supervision orders from 2013 to 2023, broken down by race.
The Correctional Service data also show that First Nations people are more likely to breach these supervision conditions, increasing their chances of being sent back to prison. Offenders under such orders can be re-incarcerated for 90 days if parole officers believe they pose an “unmanageable risk” to the community.
Advocates suggest that better risk assessments, which consider social circumstances, could lower these rates. They also recommend easier access to mental health services and cultural programs to help keep Indigenous individuals from reoffending.
According to Parole Board of Canada data, First Nations people are more likely to face harsher outcomes at every stage of the justice system. They are denied bail more often before trial, are more frequently held in maximum-security units with limited access to rehabilitation programs, and are less likely to be granted full parole—this includes cases where their parole officers advocate for it.
