Chapter 19 In the Name of the Native Brother and Sisterhood

James Delorme

As the elected chair of the Aboriginal Wellness Committee (AWC), it is part of my duty to bring the concerns for Indigenous people in prison forward in a respectful manner as possible. Lately, in respect to concerns raised, the only response that I have been receiving from administration is “We are working on it.” Even after months of waiting, the response is often the same. I outline below the general nature of some of these concerns in the hopes that we can “work on it” sooner.

A significant concern for the Indigenous population is with the lack of respect that is given to the First Nations Elders who are working with us in prison. According to the Correctional and Conditional Release Act (1992, henceforth CCRA):

Spiritual leaders and elders

83 (1) For greater certainty, Indigenous spirituality and Indigenous spiritual leaders and elders have the same status as other religions and other religious leaders.

Advice

(1.1) If the Service considers it appropriate in the circumstance, it shall seek advice from an Indigenous spiritual leader or elder when providing correctional services to an Indigenous inmate, particularly in matters of mental health and behaviour.

Obligation

(2) The Service shall take all reasonable steps to make available to Indigenous inmates the services of an Indigenous spiritual leader or elder after consultation with

1. (a) the national Indigenous advisory committee established under section 82; and
2. (b) the appropriate regional and local Indigenous advisory committees.

Instead of adhering to the legislation, Elders are not consulted or respected and, further to this, are told how to do their jobs, despite all of their spiritual training, especially compared to any correctional service employee. In other words, the institution has its own version of the Sacred Red Road, deciding what and how ceremonies will be conducted. When Elders inform corrections of proper traditional protocol, they are told that they must do it in the way that the Correctional Service Canada (CSC) directs, or they will find someone else to do the ceremonies. It is intrusive and inappropriate for correctional management to tell Elders how they must run ceremonies. In addition to this, some CSC staff also expect the Elders to submit written accounts of what they are discussing with the participants in the privacy of a one-on-one discussion. As a result, some of us have stopped going to the Elders to discuss personal matters.

We need to hear from the Elders the challenges and frustrations they have in their ability to perform their work under CSC. Elders are often ignored when they try to bring forward legitimate concerns related to the progress of the Indigenous population. Many others in the prison population have also remarked how management and administration “look” and “talk” down to the Elders and others who are there to help them successfully reintegrate back into society. It is as though Elders and Indigenous Liaisons are only there as tokens.

Despite sections 81 and 84 of the CCRA whereby Indigenous peoples can serve their sentences or parole in the community, there are very few instances where this occurs. Part of this is the result of warehousing the Indigenous population (Chartrand 2019) and making it virtually impossible for them to cascade to lower-level institutions as a result of onerous high-risk assessments and security classifications; this makes it difficult to even cascade to a minimum-security setting let alone into a community. One individual, who gave me permission to use his situation as an example, has long been in the medium-security facility at the Mission Institution on a parole violation. He was brought back for unsubstantiated allegations, all of which were thoroughly investigated by the RCMP without a charge. He has completed his correctional plan and has done everything that was asked of him, yet he cannot seem to do anything to obtain approval from his Case Management Team to move to any minimum-security institution. This contradicts the correctional principles of “safe and humane custody and supervision,” and it does not facilitate a helpful approach to rehabilitation. This same individual has even visited from the medium-security section at Mission Institution over to the minimum-security area to participate in Sweat Lodge ceremonies and other cultural activities such as the raising of a Totem Pole, all of which were considered incident free. Sadly, this is the same story for numerous other Indigenous people in prison who are trying to cascade down to a lower level of security.

There are also a large number of difficulties trying to obtain Section 84 or 81 assistance. Most institutional parole officers are not prepared or trained as to what these are and how to apply. I myself have been told on more than one occasion that a Section 84 was no different than regular parole. It almost seemed as though I was being deliberately discouraged from attempting to go that route. As noted above, with the large numbers of First Nations in prison that are continuing to be warehoused, it would stand to reason that there should be more training and focus on sections 81 and 84 of the CCRA. In addition to this, those of us who can do the research and take the time to apply are being made to wait for long periods of time to simply be notified that our application has been received. I myself waited for well over one year before being told that my application was being reviewed; but no other information has been forthcoming.

Research shows that Indigenous people within the criminal justice system stay longer (Zinger 2020, 20). Some of the Indigenous population are encouraged by their Institutional Parole Officers to wave their hearings rather than go before the parole board without their support. This type of behaviour is reflective a modern-day version of the residential school that seek to keep you separated from your families and land. Indeed, residential school survivors in prison have acknowledged how easily they were able to transition into the correctional system having already been institutionalized.

Once out, Indigenous people are also more likely to be returned to prison than non-Indigenous people. They are also more likely to return on what are known as “administrative reasons” or breaches, rather than from committing new offences (Clark, 2019, 2). This means that most of the Indigenous population return to prison because of allegations or other minor concerns which could have easily been worked out in the community. They are quickly returned to the correctional system and forced to jump through all of the same hoops again and again.

Indigenous people in prison are still dealing with the fallout from residential schools, segregation, and the church; all attempts for years to forcibly eradicate the First Nations cultural and spiritual teachings and connections. These are the very same teachings which CSC are trying to control and limit within their institutions. In prison, we are required to talk in the church to our Elder about abuses that happened in places just like this; the abuse that continues in spaces like the prison. We cannot continue using the prison as a remedy.

If we, as First Nations people, are ever going to succeed at reintegration, we need to reconnect with our people and ways, and supported in our efforts. As a residential school Survivor, I find that the First Nations teachings which we receive through our Elders are important and essential components to our Healing journeys. Having these cultural and spiritual teachings limited or denied has an adverse effect on those who are already vulnerable. For most First Nations people who are incarcerated, these teachings are the only thing that help them make it through each day without hurting themselves or others. For some, like me, these teachings are the only thing that has kept them substance-free over the years.

Despite this, we have to fight extensively to get institutional permission to access our traditions like wild meat and ceremonial medicines, both of which are significantly limited in prison today. We are only allowed to purchase wild meat from government-approved sources at very high costs and then only if the institution agrees with our choice of supplier. Various Indian bands have offered to contribute wild game and fresh fish for various ceremonies, only to be told that this is not allowed. When we inquire as to why, we are told that CSC does not know who “these” people are or if “they” can be trusted to only send meat and fish. For example, I was discussing with an Elder who has worked with CSC for many years about the lack of traditional medicines and availability of wild meat. He agreed to help by donating a large box containing various medicines, all of which were clearly labelled. He was, however, not permitted to donate ceremonial medicines to the institution. Things like sweetgrass, willow fungus, sage, bear root, rat root, kinnikinnick, and bear grease are medicines that are rare in the Pacific Region. To find someone who is employed by the CSC and willing to donate them is extremely rare. Our current Elder, who is retiring this year, offered to donate a number of library books from his own home library. These books pertain to First Nations and Métis history and culture. Despite that this Métis Elder is a very well-respected man in the community, he was told that he could not donate these books because the institution does not know what messages the books contain, and it may be inappropriate material. These are just a few examples of the difficulties and challenges that we face on a daily basis while doing our best to remain “pro-social.”

In 2017, our minimum-security institution went nearly six months without an Elder or Native Liaison. The CSC justified this by advising that the Elders from the medium-security site were available to us. The only time any Elder was brought to our minimum institution was when we required someone to do a Sweat Lodge Ceremony, which only occurred twice a month. Otherwise, we were left with no other possibility to consult with an Elder and receive support. It was not until we grieved all the way up to Commissioner at national headquarters, that an Elder or Native Liaison officer was made available.

Some of our First Nation members are being denied the right to assist their family financially. One member in particular who does wonderful West Coast carvings and sends them out to his family members was prohibited from donating his artwork unless the recipients signed a waiver indicating that they will not sell his work. Considering that he is paying for all of the materials that are going into these hobbies, it should be up to him to decide to whom he offers these gifts. According to CSC’s Commissioner’s Directive 702, which outlines issues facing Indigenous people who are incarcerated, an individual can offer a gift such as a hobby or craft as a sign of respect, appreciation and honouring as it is “integral to Aboriginal culture.” Given that carving is considered to be very sacred to his people and is a way to heal. The administration should be supportive of him following his cultural teachings.

With respect to family, to the Indigenous people family is sacred and spiritual and an important part of any healing journey. Family and community are both part of the sacred circle that defines who we are as a people. Because of the damages to the families that the residential school system caused, it interfered with that sacred circle. How is the prison any different when it keeps us separate from families and loved ones?

As the currently elected Chairman of the Aboriginal Wellness Committee (AWC), it is concerning to hear members of the institution’s upper management making remarks that could be interpreted as racist. The Indigenous population have heard remarks like, “If you want to play Indian then go to Kwikwexwelhp,” a healing village on the Chehalis Indian Reserve near Agassiz, BC. In addition to the racist intonation, it must also be noted that all of CSC’s facilities must be able and prepared to meet the needs of any Indigenous person, and not just those who transfer to that facility. It was also recorded in the minutes of one of our Inmate Committees meetings with upper management that we should be “trying to get ourselves out” rather than “trying so hard to make things better for ourselves in here.” This was the answer we received when we were starting our AWC, a committee instituted in the Commissioner’s Directives.

When we tried to put together an Aboriginal Day Celebration on June 21st, we were told that we were not allowed because no Elder was available on site. The AWC membership took it upon themselves to make a stew and some bannock so that they could get together with their drums and sing. Only after we went ahead with our own Aboriginal Day Celebration were we notified that an Elder had suddenly become available. The next day following this, changes were made to an existing Standing Order to prevent us from doing any future ceremonial cooking in our houses, in addition to already not being allowed to cook on Sacred Grounds. This would mean that we could not do any of our ceremonial cooking at all. Only after grieving to Regional Headquarters and Commissioner’s Office were we once again allowed to cook in our houses.

With the CSC, everything that has a positive meaning for us as Indigenous people has to be turned into a long and drawn-out process before it can be grudgingly approved. Right now, we have at least a dozen different Indigenous projects and proposals that have all been on the table for well over six months. We continue to bring up the same things at every meeting, only to be told over and over again “we are working on it.” Despite that everything we are asking for is clearly outlined in the Commissioner’s Directives, the administration, and staff tend to put a personal interpretation on it, turning almost all requests into a drawn-out struggle.

The AWC is often encouraged to submit fundraising proposals. When we do submit something, it rarely goes anywhere as there is always something new that prevents us from doing it. For example, the AWC is told that we are entitled to put on two special events per year. This year we were looking at putting on a mini powwow. Unfortunately, it could not take place as a result of a lack of funding. The same applies to gift-giving and ceremonial offerings. CD 702 clearly outlined in Annex E:

All items given or received by offenders during a ceremony will be added or removed from their personal property record as required. Trading items among offenders is not permitted pursuant to CD 566–12—Personal Property of Offenders.

Items given to Elders/Spiritual Advisors, staff, contractors, community members or volunteers during a ceremony will be subject to the requirements established in CD 566–8—Searching of Staff and Visitors, when leaving the institution.

Despite this, we still run into roadblocks whenever we try to do something as simple as presenting a gift to a visiting Elder for coming into the institution and sharing teachings with us. Those in charge tend to believe that there is an ulterior motive to gifting, such as working under the table or exchange for payment. As a result, visiting Elders often leave with the impression that they are not trustworthy and feel disrespected. At the moment, we are having many difficulties and challenges trying to convince people from the local community to come in and do volunteer escorts. Some of these volunteers have made all the effort to take the necessary training, only to feel unwelcome by staff members. Attitudes like this send a negative message to volunteers and the people who are willing to come in and work with us.

There is also a lot of concern from our membership as to why it is nearly impossible to get cultural and spiritual passes from a minimum-security institution. The institution will tell you that there are hundreds of escorted temporary absences (ETA) going out every week, but when we inquire as to how many of these are Indigenous, we get no response. This is likely because there are few Indigenous cultural/spiritual passes going out every month. It could be argued that no one is applying for them, but when you ask, many from the Indigenous population say they are often told that they must withdraw their application for one reason or another such as it will not be supported since it might conflict with other activities or programs, it is a waste of effort, or they require additional information. Some have waited for up to five months just to get a response regarding their ETA application. We are discouraged from applying by the very people who are supposed to be helping us move forward.

The Office of the Correctional Investigator (Zinger 2020, 20) pointed out that the federal incarceration rates of Indigenous People sit at 30% of the federal prison population, despite that we make up less than 5% of the Canadian population. According to the Parliamentary Budget Officer (Fréchette 2018, 1), it costs on average $114,587 a year to incarcerate someone. The community placement option is priced at $18,058 a year (4). These numbers alone should be enough for people to demand change within the CSC. I also hear that it costs more to incarcerate an Indigenous person because of all the extra programs and staff required to meet these program needs. However, I still cannot figure out what programs they are talking about, because we have little here. There is not even office space available for the AWC, and the Elder is forced to use the chapel.

The bottom line is that not enough is being done to help Indigenous people reintegrate back into society with any kind of hope for success. There should be some effort made to help residential school Survivors deal with the trauma of colonialism that led to their abusive lifestyles. If we are ever going to put an end to this revolving door that brings us back time after time, we need to act. I write this to give a better understanding of the concerns that Indigenous people in prison endure in prison on a daily basis. Our intent is not to cause trouble or try to embarrass CSC. We are only trying to improve the way things are done. After all, the purpose of the correctional system is supposed to be primarily to rehabilitate individuals and send them back to their communities better than when they arrived. This can only be achieved if CSC is willing to make the necessary changes that are required to meet the goal of successful reintegration. We recommend that Indigenous people have:

1. (1) access to cultural and spiritual music
2. (2) access to ceremonial medicines
3. (3) indoor space for conducting cultural and ceremonial activities
4. (4) access to wild meat and fish
5. (5) cultural activities such as Drum making
6. (6) visiting Elders to teach singing and drumming
7. (7) someone to do Medicine Wheel Teachings
8. (8) have the ability to build relations with local reserves and community
9. (9) more cultural ETAs—Powwows, medicine gathering, community service, etc.
10. (10) a visiting Elder program
11. (11) access to First Nations books in the library
12. (12) full-time Elders for all sites

It is up to the government and the public to ensure that CSC is doing more than just always “working on it.”