On a less positive note, though, today the Supreme Court of Canada also ruled that Canada’s prison system has failed to ensure that its risk assessment tools are not racially biased against Indigenous prisoners.

Correctional Service of Canada uses risk assessment tools as a basis for its decisions about individuals’ conditions of confinement, programs and services, all of which materially affect their ability to integrate into the community in a safe, supervised and structured manner. The current flawed classification process has resulted in a federal prison system in which half of all women in segregated conditions are Indigenous.

In Ewert v. the Queen, the court noted that:

Numerous government commissions and reports, as well as decisions of this Court, have recognized that discrimination experienced by Indigenous persons, whether as a result of overtly racist attitudes or culturally inappropriate practices, extends to all parts of the criminal justice system, including the prison system . . . .

The court concluded that CSC places Indigenous prisoners in danger of systemic discrimination. However, they declined to find a violation of the liberty and equality rights of Indigenous prisoners, citing a lack of evidence on the record. Well, guess who controls the record.

CSC has known for many years that its policies and procedures have an adverse impact and discriminate against and, therefore, violate the rights of prisoners on the basis of the intersecting grounds of race, gender and disability.

In fact, in response to such a finding by the Canadian Human Rights Commission in 2003, CSC commissioned a review of the procedures for women. The conclusion of that study? Despite actually posing minimal to no risk to public safety, women are routinely over-classified, particularly if they are Indigenous and are otherwise racialized and particularly if they have mental health issues.

I urge that we reflect on the Ewert decision as we mark not only three years since the Calls to Action of the Truth and Reconciliation Commission, but 10 years since Canada’s statement of apology to former students of Indian residential schools, and acknowledge the ongoing discriminatory impacts of government policies on the lives of Indigenous peoples, policies that have resulted not only in their over-incarceration but in ensuring that Indigenous peoples in prisons needlessly serve harsher and longer sentences.

I urge that we reflect on the Ewert decision as we commemorate and celebrate National Indigenous History Month and acknowledge Canada’s urgent need to advance its relationship with Indigenous peoples, to develop trust and move forward together.

Together, let us take this opportunity to work collaboratively and collectively to achieve justice, fairness and reconciliation, and to end our country’s legacy of inequality and colonialism. Thank you, meegwetch.