Article

Australian & New Zealand Journal of

Criminology
Overrepresentation 2019, Vol. 52(1) 111–128
! The Author(s) 2018
of Indigenous youth in Article reuse guidelines:
sagepub.com/journals-permissions
Canada’s Criminal Justice DOI: 10.1177/0004865818778746
journals.sagepub.com/home/anj

System: Perspectives of
Indigenous young people

Carla Cesaroni, Chris Grol and

Kaitlin Fredericks
University of Ontario Institute of Technology (UOIT), Canada

Abstract
The central purpose of this study was to provide a platform for Indigenous young peoples’
opinions regarding the overrepresentation of Indigenous young people in the criminal justice
system. Specifically, the study sought (a) their thoughts on broader issues that contribute to the
overrepresentation of young people, and (b) strategies on how to reduce the overrepresentation
of young people in the future. Results mirrored themes and findings from the research literature.
However, the results are themes that are derived from the lived and observed experiences of
Indigenous young people and the Anishinaabe, Haudenosaunee, and Métis communities.

Keywords
Indigenous young people, over-representation, youth in custody
Date received: 20 November 2017; accepted: 2 May 2018

Introduction
Indigenous peoples1 are overrepresented in the prison populations of most western
nations including Australia, Canada, and New Zealand (Roberts & Melchers, 2003).
The problem of Indigenous overrepresentation in Canada has been well documented in

Corresponding author:
Carla Cesaroni, University of Ontario Institute of Technology (UOIT), Canada, 55 Bond Street East, Oshawa, ON
L1G 0A5, Canada.
Email: [email protected]
112 Australian & New Zealand Journal of Criminology 52(1)

all principal correctional texts for several years, and widely acknowledged by the
Canadian public (Roberts & Melchers, 2003). The Supreme Court of Canada has
called the overrepresentation of Indigenous people “a crisis in the Canadian justice
system” (Rudin, 2005, p. 5). In its review of the overrepresentation of young people
in custody, the Truth and Reconciliation Commission of Canada (TRC) (2015a, 2015b)
suggested, “The youth justice system perhaps more than the adult criminal justice
system, is failing Aboriginal families” (p. 177). According to the Council of
Provincial and Child Advocates (2010), “For Aboriginal children and youth in
Canada, there is a greater likelihood of involvement in the criminal justice system,
including detention in a youth custody facility, than there is for a high school gradu-
ation” (p. 6).
The most significant casual factors underlying overrepresentation of Indigenous peo-
ples are complex. They have been identified as the legacy of colonialism, its socioeco-
nomic impacts on Indigenous families and communities, and the attitudinal and
institutional racism of the present (Corrado, Kuehn, & Margaritescu, 2014; Rudin,
2005). As Cunneen (2006) argues in the following:

An adequate explanation involves analyzing interconnecting issues which include historical

and structural conditions, of colonization, of social and economic marginalization, and
institutional racism, while at the same time considering the impact of specific (and some-
times quite localized) practices of criminal justice related agencies. (p. 334)

Thus, it is theorized, the interaction of structural inequality, community and cultural

breakdown, and systemic discrimination (rooted in the vestiges of colonialism) result in
Indigenous overrepresentation in prisons (Grekul & LaBoucane-Benson, 2008). The
Royal Commission on Aboriginal Peoples (1995) locate the root cause of Indigenous
crime and overrepresentation in the criminal justice system in Canada’s history of colo-
nialism and its continuing effects in respect to social disorder in Indigenous communi-
ties. There are profound social and economic problems in Indigenous communities,
fundamental breakdowns in social order that never existed pre-colonization (Jackson,
2015; Rudin, 2005).
The TRC (2015) was clear in drawing the connection between the legacy of colonial-
ism, specifically residential schools,2 and the overrepresentation of incarcerated
Indigenous young people as noted in the following:

The great vulnerability and disadvantage experienced by so many Aboriginal youth

undoubtedly contribute to their over representation, a factor that is intimately tied to the
legacy of the residential schools. Many of today’s Aboriginal children and youth live with
the legacy of residential schools every day, as they struggle to deal with high rates of
addictions, fetal alcohol disorder, mental health issues, family violence, incarceration of
parents, and the intrusion of child-welfare authorities. All these factors place them at great-
er risk of involvement with crime. (p. 178)

Policies connected to colonization have created a complete disconnect between a

whole generation of young people and their families, young people who are lacking
an identity, education, and in many cases suffering from various forms of trauma
Cesaroni et al. 113

(Bania, 2017). Their parents were burdened with significant psychological issues, which
meant they could not care for themselves or others, did not have the ability to develop
healthy relationships and, in some cases, passed on the neglect and abuse they them-
selves had suffered as children (Bania, 2017). Poverty, multi-generational trauma, social
dislocation, and family in strained and deprived circumstances have led to Indigenous
young people being housed outside their family home either in foster care, secure cus-
tody, or in some instances both (Canadian Council of Provincial Child and Youth
Advocates, 2010).
Surprisingly, there are very few, if any, Canadian studies that have engaged and
consulted Indigenous young people on their perceptions regarding why they believe
Indigenous young people are over represented in the criminal justice system. The central
purpose of the following study is to provide a platform for Indigenous young peoples’
opinions regarding these issues.

Understanding the overrepresentation of Indigenous peoples

Several theories have been put forth to explain the overrepresentation of Indigenous
peoples in Canada including (a) differential criminal processing due to cultural conflict
and racial discrimination, (b) higher Indigenous offending rates, and (c) the commission
of offences by Indigenous people that more likely warrant a prison sentence (Bracken,
2008). Each of these, can be connected to socioeconomic disadvantage (low income, lack
of education, transiency, single parent homes), and the relative deprivation found within
Aboriginal communities (Balfour, 2012; LaPrairie, 2002). The Royal Commission on
Aboriginal Peoples found that though over-policing and systemic discrimination play
their part in higher Indigenous crime rates, economic and social deprivation are the
underlying causes of higher rates of criminality amongst Indigenous people (Anand,
2000). Therefore, sentencing reform or innovation “cannot remove the causes of
Aboriginal offending because it cannot address problems like inadequate housing, sub-
stance abuse, lack of education, and scarcity of opportunities” (Anand, 2000, p. 416).
Risk factors associated with offending and disproportionality found among Aboriginal
communities must be understood in the context of structural factors connected to the
legacy of colonization (Barker et al., 2015). That legacy is quite clear as noted in
the following:

From the expropriation of land, prohibition of language and cultural practices, forcible
removal of Aboriginal children into Church-run residential schools in the late 1800s
onwards, to the unaddressed intergenerational trauma, continued economic marginaliza-
tion, and elevated rates of substance use and poverty today, a myriad of factors contribute
as underlying determinants of Aboriginal overrepresentation in prison populations. (Barker
et al., 2015, pp. 1665–1666)

The history of colonialism in Canada, and the cultural conflict, lack of power, sys-
temic discrimination, and structural inequality that accompanied it, provide the broad
context in which to understand the impoverishment which exist in Indigenous commu-
nities to this day (Grekul & Laboucane-Benson, 2008). Colonialism therefore continues
to impact Indigenous communities today and has consequences in terms of trauma and
114 Australian & New Zealand Journal of Criminology 52(1)

intergenerational trauma for individuals, families, and communities (Bracken, Deane, &
Morrissette, 2009). This is particularly true regarding the intergenerational trauma of
residential schools, which has included “the loss of generations of family networks and
parental remodeling” the disruption of families and communities, and the loss of knowl-
edge, language, tradition, and identity (Barker, Alfred, & Kerr, 2014).
The overrepresentation of Indigenous peoples therefore, is not because of any natural
inclination toward crime among Canada’s Indigenous people, but rather because the
causes of Aboriginal criminal behavior are rooted in a long history of colonialism,
discrimination, and social inequality that has impoverished Aboriginal people and con-
signed them to the margins of society (Bracken, 2008). The history of colonialism,
displacement, and residential schools continues to translate into lower educational
attainment, lower incomes, higher unemployment, higher rates of suicide and substance
abuse, and higher rates of incarceration (Office of the Correctional Investigator, 2013).
As noted previously, there is a strong association between the social disorganization,
social disadvantage, and crime rates found in Indigenous communities (Fitzgerald &
Carrington, 2008). These structural conditions may influence police decisions to patrol,
police, and formally charge (Fitzgerald & Carrington, 2008). Sentencing decisions are
also impacted by the lack of community capacity to address needs for education,
employment, housing, and social services (Balfour, 2012).
Key decisions of the Supreme Court of Canada, and several reports on Indigenous
people and the justice system, have concluded that Indigenous people face systemic
discrimination throughout the criminal justice system (Rudin, 2005). According to
(Rudin, 2005), “The failings of the criminal justice system toward Aboriginal people
are most clearly seen in the overrepresentation of Aboriginal people in federal and
provincial prisons” (p. 8).

The overrepresentation of Indigenous young people in custody

Indigenous young people are eight times more likely to be incarcerated than their non-
Indigenous peers (Corrado et al., 2014). In 2014/2015, though Indigenous young people
comprise 7% of the general population, they accounted for 33% of admissions to custody
(Canadian Centre for Justice Statistics, 2016). Indigenous females accounted for 44% of all
females admitted to custody, while Indigenous males accounted for 29% of all males
(Canadian Centre for Justice Statistics, 2016). Research suggests that Indigenous young
people are not only overrepresented in custody, but also in remand custody and probation
(Calverley, Cotter & Halla, 2010). Custody rates for administrative offences are three times
higher than for non-Indigenous young people (Corrado et al., 2014).
Doob and Sprott (2007) have argued that there is evidence to suggest that (a) differ-
ences in sentencing cannot be accounted for by discrimination at sentencing alone, (b) a
number of cities in Canada have much higher Indigenous populations than others, and
(c) the operation of Canada’s youth justice system varies across cities. Generally, in
countries with populations of Indigenous young people, Indigenous young people are
more likely to have a prior offending history, to have had contact with police at an
earlier age than non-Indigenous young people, and to be arrested for public order
offences (Cunneen, 2008). Doob and Sprott (2007) suggest that researchers have still
Cesaroni et al. 115

not adequately addressed the question: What is it in the lives of Indigenous young
people that accounts for their high rate of involvement in the criminal justice system?
Jackson (2015) argues that though consideration of an Indigenous young person’s
unique background at sentencing is important, it simply is not impacting Indigenous
young peoples’ over-incarceration. He suggests that there are several nonjudicial factors
that may have an impact on the overrepresentation of Indigenous young people through
the use of their discretion. In their study of the overrepresentation of Indigenous adults
in Canada, New Zealand, and Australia, Jeffries and Stenning (2014) found that sen-
tencing contributes little to the over-incarceration of Indigenous adults compared to
decisions of police and prosecutors in the process, and the social conditions of
Indigenous people.
Jackson (2015) argues that systemic discrimination, racism, and the over-policing of
Indigenous communities play their part in the overrepresentation of youth in custody.
However, he also notes that there is evidence that police may be more likely to respond
informally to non-Indigenous young people (through diversion) and more likely to
respond formally (through arrest) to Indigenous young people. He argues that this
may be because of prejudices against Indigenous young people from disadvantaged
backgrounds. More incidents of formal contact diminish the likelihood of diversion.
For many Indigenous peoples, the police are inseparable from the broader white
culture and white domination in which racism is embedded (Perry, 2009). Colonialism
has led to distrust of all government agencies, but in particular in terms of the police
who participated in assimilationist policies (Perry, 2009). Indigenous peoples
“undoubtedly expect trouble from the police” (Neugebauer as cited in Perry, 2009, p.
3). In communities where Indigenous young people are routinely stopped, searched, and
questioned, it is not surprising that these same young people are hostile toward police
(Perry, 2009).
Jackson (2015) suggests that the same prejudices may be true of the Crown in terms
of formal charging versus extrajudicial sanctions, given the fact that appropriate
community-based Indigenous-specific programming may not be available. At bail, the
necessity of a surety is an obstacle for Indigenous young people “whose communities
and families have been devastated by colonialism’s enduring impact” (Jackson, 2015, p.
10). Lack of a parental presence, which is tied to bail success, also disadvantages
Indigenous young people (Jackson, 2015). Jackson (2015) also suggests that stereotypes
about Indigenous families being irresponsible or having addiction problems may also
come to play.
This study attempted to engage Indigenous young people in the community (and key
Indigenous community members) by including them in a conversation about both the
problems of overrepresentation and the possible solutions.

Method
The term “research” is inextricably linked to European imperialism and colonialisms
(Battiste, 2014; Cunneen, Rowe, & Tauri, 2016). Social science research has historically
reaffirmed the West’s view of itself as the center of legitimate knowledge and the arbiter
of what counts as knowledge (Cunneen et al., 2016). In a colonial context, research
becomes a way of representing “the Other” to a non-Indigenous world (Denzin &
116 Australian & New Zealand Journal of Criminology 52(1)

Lincoln as cited in Ray, 2012). The “othering” positions the university/institution as

dominant in the area of knowledge and scholarship even as it recognizes and includes
community knowledge (Bird-Naytowhow, Hatala, Pearl, Judge, & Sjoblom, 2017). The
role of “othering” Indigenous peoples in the context of epistemological and methodo-
logical frameworks has only recently received critical attention (Cunneen et al., 2016).
Indigenous peoples have been seen as subjects or objects of research (Champagne,
2015), and research has historically been completed on them, rather than with them
(Drawson, Toombs, & Mushquash, 2017). Until recently, many research institutions
in the world did not believe that Indigenous research required any particularly different
legal, ethical, or human rights protocols (Champagne, 2015). Academic research did not
undergo ethical and moral engagements with Indigenous peoples as academic research
and scholarship has been plagued with clandestine colonialism (Bird-Naytow-how
et al., 2017).
In Canada, formalized research policies for Indigenous research that promote inclu-
siveness have recently been implemented federally (Drawson et al., 2017). These policies
outline acceptable research practices and prioritize Indigenous values, traditions, and
knowledge (Drawson et al., 2017). They create ethical guidelines for the researcher and
the Indigenous knowledge holders related to informed consent, partnerships, academic
integrity, equity, and benefit sharing. However, research ethics boards, located at indi-
vidual universities, still must grant consent in order for research to be conducted. This
would appear to be what Smith (as cited in Ray, 2012) describes as the “re-inscribing or
reauthorizing of the privileges of non-Indigenous academics” (p. 95).
Research done in collaboration with Indigenous peoples using Indigenous methods
can decolonize and re-balance power (Drawson et al., 2017). The heritage of Indigenous
peoples is not just a collection of objects, stories, and ceremonies, but a complete
knowledge system with its own languages, epistemologies, and scientific and logical
validity (Battiste, 2014). According to Smith (as cited in Darder et al., 2014), research
methodology is a theory of inquiry and research method is a technique by which to
gather empirical materials. Thus, Indigenous methods, including poetry, drama, story-
telling, and critical personal narratives are performance practices that make Indigenous
life visible (Darder et al., 2014). Indigenous methods value self-knowledge and subjec-
tive experience (Absolon as cited in Victor et al., 2016).
The study attempted to respect key core values of Indigenous research as suggested
by Cunneen and Tauri (2016), which include recognition of Indigenous knowledge and
respectful and culturally informed engagement of participants. The team worked to
organize and establish an Indigenous Young People’s Justice Community Advisory
Committee comprised of an Elder, a chief, an Indigenous knowledge keeper,
Indigenous young people and Indigenous practitioners who work with high risk
Indigenous young people. The team consulted with the Advisory Committee on (a)
what was the appropriate research and research question, (b) how the research should
be conducted, and (c) who should be included as participants. An understanding was
reached that publications that were derived from the project would be reviewed and
approved by the Advisory Committee before being shared with the public or the
Canadian government. The central purpose of this study was to understand young
Indigenous peoples’ opinions regarding the overrepresentation of Indigenous young
people in the criminal justice system. Specifically, the study sought (a) their thoughts
Cesaroni et al. 117

on broader issues that contribute to the overrepresentation of young people, and (b)
strategies on how to reduce the overrepresentation of young people in the future.
Thus in consultation with the Advisory Committee and respecting Indigenous meth-
ods the process involved reflection, story, and dialogue (Kovach, 2009). Talking circles
were the means by which focus groups were established. The talking circle method
recognizes young people as collaborators in the research project and contributors to
community knowledge (Bird-Naytowhow et al., 2017). This method aligns with an
Indigenous world view that honors orality as a means by which to transmit knowledge
(Bird-Naytowhow et al., 2017). Each talking circle was led by an Elder, his two
Oshkawbaywuss (helpers/apprentices), and an Indigenous Cultural Advisor. The two
helpers met with participant volunteers individually (and before the circle began) in
order to review and sign consent forms. Following the establishment of the circle
(with a smudging ceremony), the Elder posed the question, “Why do you feel
Indigenous youth are overrepresented in the youth custody system?” An eagle feather
was then passed around allowing each individual to speak. The conversation progressed
organically until its conclusion.
The sample of young people was comprised of young people who grew up in an
urban area. Perhaps this is not surprising given that the population of Indigenous
peoples living off reserve has increased almost 50% since 2006 (Statistics Canada,
2017). With one exception, all of the individuals that made up the Advisory
Committee, and those who lead the talking circle, had grown up on reserve. It is impor-
tant to note that the Advisory Committee, those leading the talking circles and the
participants agreed that we should be cautious about making any assertions about
young people who grew up in urban areas versus on reservation as it may only serve
to feed misconceptions and stereotypes about which groups are more or less entrenched
in Indigeneity, including presumptions about being more or less connected to the land.
An inductive approach was used for the analysis of the raw data. This approach was
used in order to allow research findings to emerge from the frequent, dominant, or
significant themes inherent in the raw data (Thomas, 2003). Emerging themes (or cat-
egories) were developed by studying the transcripts repeatedly, and considering possible
meanings and how these fit with developing themes (Thomas, 2003). Many of the themes
that arose from our discussions with the Indigenous Advisory Group and the young
people who participated in our talking circles mirrored themes and findings from the
research literature. However, the results that follow are themes that are derived from the
lived and observed experiences of Indigenous young people and the Anishinaabe,
Haudenosaunee, and Métis communities.

Results
The impact of colonization and residential schools
A strong and overwhelming theme that arose from this study is the impact of coloni-
zation and residential schools which participants saw as generational, ongoing, and
directly connected to the overrepresentation of young people in the youth justice
system and youth custody in particular. The Elder, his helpers, the cultural advisor,
and the participants all shared their personal experience and that of their families in
118 Australian & New Zealand Journal of Criminology 52(1)

terms of the legacy of colonization. Each shared personal, familial, and community
stories connected to substance abuse, sexual and physical violence, poverty, and loss.
As one circle member noted, “(Colonization) is not something that only happened at first
contact but is still going on today.”
There were specific words that appeared connected to the discussion of the history of
colonization and residential schools such as “pain,” “loss,” “broken,” and
“unbalanced.” One young person noted, “Everything we are seeing . . . is a culture in
crisis.” Participants linked colonization and residential schools to the (a) loss of
Indigenous ceremony, culture, and tradition, (b) the destruction of the Indigenous
family unit and Indigenous parenting practices, (c) racism and stereotypes, all of
which have culminated in (d) the loss of identity and sense of self. Each of these
issues is intricately connected and, as the participants noted, inextricably connected to
the overrepresentation of young people in the criminal justice system and youth custody.

Loss of history, tradition, culture, and ceremony

Within traditional Indigenous societies, individuals, clans, communities, the natural
environment, and spirit were connected through interdependent relationships (Grekul
& LaBoucane-Benson as cited in Bania, 2017). Teachings were passed from generation
to generation through healthy relationships, ceremony, role-modeling, and living on the
land. This taught young people the values and rules they needed to observe to become
adults who understood their place within the interconnected world, for harmony, peace,
and the “good life” (Grekul & LaBoucane-Benson as cited in Bania, 2017). Participants
noted that the loss of Indigenous traditions, culture, and ceremony has meant that many
young people “are not bound in your culture which makes a big difference.” As one
participant shared, “I have a total disconnect from my heritage.” There was a sense
from participants that Indigenous young people no longer have culturally appropriate
direction, support, or an understanding of their own history as Indigenous peoples.
It became clear in the talking circles—as voiced by the participants the helpers/cul-
tural advisor, and the Elder—that a key ingredient to re-building the well-being of
Indigenous young people is connected to Indigenous young people learning about
their history, including knowledge concerning their ceremonies, their clans, the role of
treaties, the role of Elders in Indigenous communities, and the Indigenous connection to
the land. The loss and inability to translate and pass on Indigenous history, tradition,
culture, and ceremony was mentioned in conjunction with the destruction of Indigenous
communities and, more importantly, Indigenous families.

The destruction of Indigenous families

Before first contact, the “family” within Indigenous communities could be described as a
complex combination of biological ties, customary adoptions, clan membership bonds,
and economic partnerships (Grekul & LaBoucane-Benson as cited in Bania, 2017).
Indigenous families did not resemble traditional “nuclear” families found in
European societies, but instead large extended families within which many functions
of the community were performed (Grekul & LaBoucane-Benson as cited in Bania,
2017). Therefore, issues like parental non-involvement (at bail, in programming etc.)
Cesaroni et al. 119

needs to be situated in the history of the colonial destruction of kinship systems (Schwan
& Lightman, 2013).
The destruction of Indigenous families, which participants connected directly to col-
onization and residential schools, was a common theme in the study’s talking circles.
Almost every participant shared a story about the impact their shared history has had
on their own families. Though participants talked about “inferior parenting skills” and
the inability of parents to communicate effectively with their children, each had great
empathy for parent’s pain and loss. One member of the circle shared the following:

My parents act like children because they never learned how to parent properly, they yelled
a lot and had temper tantrums . . . and they passed it on to me. It just reminded me how
powerful ceremonies would have been if parents could have had them, how that would have
molded us. . .

A young person was clear about the ongoing impact and connectedness of colonial-
ism, the child-welfare system, residential schools, and the intergenerational impact
of both:

My dad came from an abusive home, CAS (Children’s Aid Society) took him away when he
was four. It’s always about the loss of identity. His adopted mother was Aboriginal, but she
lost her heritage too. It’s a ripple effect. . .. One person suffers from (what happened to their)
parents then the next suffers from them. . .. Kids are lost and don’t have an identity. . .. We
all lost our identity with residential schools. Ripple effect.

The disruption of Indigenous communities, the forced removal of Indigenous chil-

dren from their families and communities, cruel assimilation strategies that prohibited
the practice of Aboriginal culture and language, and the experienced abuse in Canadian
residential schools have “broken” generations of Aboriginal families (Corrado et al.,
2014). These have created stereotypes and racism that Indigenous people experience
from the non-Indigenous community that continue to be manifested and reinforced.

Racism and stereotypes

Another prominent theme among participants was regarding the stereotypes and racism
that exists in the dominant community regarding Indigenous criminality. Connected to
this theme was the recognition that identifying as Indigenous could have severe reper-
cussions, as evident in the removal of Indigenous peoples to residential schools, but also
in being charged more severely for minor offences (in comparison to non-Indigenous
peers). Participants discussed being bullied for being “too native” or being made to feel
like, somehow, they were trying to “get off” or take advantage of the system by utilizing
the very laws that were meant to recognize the context and vulnerability of their lives.
Perceptions regarding racism among law enforcement were widespread. The follow-
ing comment by one of the Oshkawbaywuss (helpers/apprentices) is indicative of a
widely held belief among participants:
120 Australian & New Zealand Journal of Criminology 52(1)

But one piece is racism and stereotypes . . . like police have stereotypes in their head every
single Indigenous person is a criminal or lazy or a drunk . . . so I think that has a lot to do
with how they treat them (youth) even if it is a minor crime they treat them like they are a
huge murderer.

This comment is in keeping with findings from research done on the policing of
Indigenous communities which suggest that police appear to carry into their actions
with Indigenous people “the same stockpile of stereotypes and images that shape the
broader patterns of cultural imperialism” (Perry, 2009, p. 49). Participants suggested
that racism impacted how Indigenous young people see themselves. One young person
noted, “Intergenerational racism meant that youth never found their soul and no one put
them in the right direction, where they needed to be.”
The theme of identity was a key theme in the talking circles, and another critical point
in understanding the overrepresentation of young people in the criminal justice system
and youth custody.

Loss of identity and sense of self

Each of the aforementioned themes underscored an important and central message; that
Indigenous young people often feel directionless, have lost their identity and sense of
self. As one participant suggested, “Our young people don’t know who they are.” Without
exception young people, the circle’s helpers, and the cultural advisor all voiced their
struggle with their identity and the disconnect they have sometimes felt from their
Indigenous heritage. This universal sentiment was echoed in the comment of one
young person who stated, “I never grew up getting to know (about) my Indigenous
identity.” One participant argued that the loss of identity for Indigenous young
people was historic and ongoing noting, “It goes from when Columbus discovered
North America. Systemic barriers being put in place . . . residential schools . . . inter-
generational struggle. No guidance to put them in the direction of what they should be.”
The fear of self-identifying as Indigenous was also a common thread, often connected
to the repercussions that might come with such an identity. “(We are) Afraid to talk
about being Indigenous. . .” Because of ongoing stereotypes in the dominant society (and
to some degree in the Indigenous community) about what it means to be Indigenous,
some participants suggested that they often did not “Feel Indigenous enough” and in fact
had people remark “. . .Well he doesn’t look Indigenous.” Participants noted the irony in
this experience, because there were times in their lives that they experienced bullying as
several participants said, “For being too native.” As the Elder so succinctly noted to the
talking circle:

Residential school was very symbolic, it took away our language, our young ones, our
ability to parent . . . Generations of loss of our culture, our identity, our young men do
not have the ability to know who they are. . .. Four generations of loss of our culture loss of
our identity. They do not know what it means to be Anishinaabe.

Repeatedly participants talked about internalized messages that Indigenous young

people likely feel such as, “I’m no good ” or “We will always lose.” One participant
Cesaroni et al. 121

succinctly outlined how without a sense of self, without direction, it is not surprising
that something else may move in to fill the void:

It wasn’t instilled in me, who I was. My brother was more influenced. Other people filled
that void. He hung with gang kids, and they did bad stuff. They told him who he was
instead of my parents. There was no view of the future. They didn’t tell us who to aspire
to be.

Participants were quite passionate and thoughtful about strategies that might reduce
the overrepresentation of Indigenous young people.

Strategies to address overrepresentation

There is a growing consensus that the overrepresentation of Indigenous young people is
not due to a single factor, such as increased offending or the discriminatory practices of
police, but by a complex mix of massive over-policing, racist law, order politics, a
greater level of offending, and social disorganization (Corrado et al., 2014). Some
would argue, the problem of the overrepresentation of Indigenous young people has
failed to show improvement because law reform does little to tackle the intergenera-
tional social problems resulting from government policies that underpin violence, pov-
erty, and substance abuse in Indigenous communities (Murdocca as cited in Balfour,
2012). Additionally, it has been suggested that traditional development and design of
programs and legal solutions continue to be based on adversarial justice and main-
stream interventions that fail to be responsive to the needs and aspirations of
Indigenous people (Ryan, Head, Keast, & Brown, 2006). Many have argued that law
reform can only do so much without a change in the attitude and practices of law
enforcement (Brown, 2012). The interactions with Indigenous young people (worldwide)
and police continue to be problematic, antagonistic, and rarely positive (Brown, 2012).
Young people have always played an important role in Indigenous cultures.
Unfortunately, there has also been a historical focus on young people as targets of
colonial tactics. Research suggests that the greatest impact of colonial legacies have
been felt by young people (Schwan & Lightman, 2013). Not surprisingly, Indigenous
young people are confused about their identity. They are unsure whether they should
remain true to an Indigenous identity or take on aspects of mainstream society (Pirbhai-
Illich, 2011). Stewart, Riecken, Scott, Tanaka, and Riecken (2008) argue that,
“Identities form the foundation from which Indigenous youth negotiate their many
interactions with the larger dominate culture in which they find themselves immersed”
(p. 181).
Indigenous culture stresses the importance of community knowledge and connection
to community (Stewart et al., 2008). Any initiative within the Indigenous community
and efforts to “help” need to be sensitive to the history of colonization and other efforts
of “caretaking”—particularly in regard to social services (Schwan & Lightman, 2013).
Unfortunately, non-Indigenous foundations, NGOs, and social services have a cheq-
uered reputation for either overlooking the Aboriginal community, helicoptering in with
ready-made solutions, and not consulting in good faith (Schwan & Lightman, 2013).
122 Australian & New Zealand Journal of Criminology 52(1)

Indigenous community in community initiatives means developing close, power shar-

ing relationships with the communities most trusted members—typically Elders or cul-
tural knowledge keepers (Allen, Mohatt, Markstrom, Beyers, & Novins, 2012). This
generally requires a substantial time commitment to build relationships (Allen et al.,
2012). Criminal justice models are witnessing the increasing ownership of the adminis-
tration of law by Indigenous communities (see, e.g., the Children’s Koori Court in
Victoria, Australia, and the initiatives of the Mohawk band at Akwesasne, the first of
its kind in Canada).
Involving the Indigenous community in a genuine way in programming for
Indigenous young people, means endeavouring to teach from within a culture rather
than about a culture (Swayze, 2009). Indigenous communities share a deep spiritual
connection to the land and have relied on ceremonies and oral traditions to pass knowl-
edge from one generation to the next (Flicker et al., 2014). Drumming, singing, carving,
weaving, and beading continue to be considered important forms of storytelling (Flicker
et al., 2014). The arts are perceived by Indigenous communities to be functional, and
sacred endeavours that continue to be used for communication, teaching, values trans-
mission and experiential learning (Flicker et al., 2014).
The transmission of Indigenous knowledge is often through a dialogue with commu-
nity Elders (Swayze, 2009). Within this framework, Elders are considered “the original
teachers” (Swayze, 2009). Successful Indigenous prevention, rehabilitation, and pro-
gramming are facilitated by the inclusion of a cultural match (Ryan et al., 2006). In
other words, practice-based examples reflecting Indigenous life experiences couched in
Indigenous language and the use of Indigenous program designers and instructors
(Ryan et al., 2006). The aforementioned themes of Indigenous young people-centric,
Indigenous community engagement, and the importance of history, tradition, culture,
and ceremony, as described in the research literature clearly emerged as central themes
in the study’s talking circles.
The themes that arose in the talking circles regarding how to address overrepresen-
tation of Indigenous young people not only mapped quite clearly onto findings from the
research literature, but also clearly flowed from what the circle had identified as the
reasons for overrepresentation. The circles intuitively recognized the central (and
respected) role that young people once occupied in Indigenous communities. As the
Elder noted, “Youth—we can deal with youth in ways we’ve always dealt with them.” One
circle member suggested that, “One hundred years ago, youth would have been heard by
the community. Now older people (are) making the decisions, youth have no voice. Youth
feel undervalued and unimportant in institutions today.”
One of the helpers remarked, “Now older people make all the decisions in back rooms.
Youth have no voice. Youth feel undervalued and unimportant in institutions today.” All
participants recognized the importance of hearing young people’s opinions, the necessity
to demonstrate to Indigenous young people that they were cared for, and the impor-
tance of gaining young people’s trust. The one theme that was clearly paramount in
regard to young people was that, “We need to get youth more involved in decisions.” This
is in keeping with notions of best practice in regard to engaging Indigenous
young people.
Perhaps the theme that involved the longest and deepest conversations in the talking
circles among the Elder, the Oshkawbaywuss (helpers/apprentices), the cultural advisor
Cesaroni et al. 123

and all of the participant young people, was the key role that history, tradition, culture,
and ceremony would need to play in the well-being of Indigenous young people, partic-
ularly in regard to identity and self-worth. As one participant suggested, “(it’s about)
reclaiming roots, giving them tools, showing them supports and how to access.”
One participant gave an example of the importance of ceremony in their everyday
saying that, “Reclaiming our roots. Give Indigenous youth somewhere to feel safe and
like they belong. I have never been incarcerated, but I still feel (the need) for a grounding
in my culture. If I don’t smudge I lose myself.”
Each individual described the role that Indigenous history, tradition, culture, and
ceremony had played in their own recovery or reparation of their self-worth. One of the
helpers noted that, “I grew up in a house with alcohol, lots of violence, sexual and verbal
abuse. How they hell did I make it out? I looked at ceremony and spirit.” Another circle
member shared the following:

I did not know who I was. Though I was raised on (a) First Nation, I wasn’t raised in the
culture. I went to Pow Wows since I could walk. . .. But I did not get it, did not understand
it, till I sought it out myself. . .. One thing (that’s important is) knowing who they are,
knowing good things about their identity.

There were specific examples of how the talking circles thought history, tradition,
culture, and ceremony could be delivered in a therapeutic manner. However, one that
was discussed the most and which held the most resonance for all circle members was
the need to return young people to nature and the natural world around them.
An example that the talking circles gave of the kind of activity that could engage
young people in history, tradition, culture, and ceremony (and one that is seen in the
research literature as key to the Indigenous identity) was any activity that was connected
to the land. One of the helpers and the Elder are regularly engaged in activities with
young people that involve the outdoors, traditional activities, and teachings. The circles’
members agreed that Indigenous young people (particularly those who are marginalized
and struggling) need to “Go back to roots including (learning) the connection to land,
(the) use of Elders.” As one of the helpers suggested, “(it’s important that they) Go back
to the land, canoe through swamp, fish, make connections there is a teaching behind each
bush, each fish, learn about their clans. . .. They need to see us doing it.” One of the young
people agreed, noting that, “Getting back into nature is a big part of it. Even sitting beside
a tree makes me calmer.” The circles’ members were in agreement that engaging
Indigenous young people in activities that taught young people the centrality of the
land to Indigenous life could satisfy multiple objectives, including the building of
Indigenous identity, the learning of traditional teachings, culture and ceremony, the
building of trust, and, “While doing (the) activity, (you) can check in, break down
walls. . .. Getting them on the land and off the streets. . ..”

Conclusion

We have a memory of our history. . .

take them to the mountains to fast, to find their name. . .
124 Australian & New Zealand Journal of Criminology 52(1)

Through our ceremony, through our own traditional values, with our own communities
getting healthy,
we can bring our young people home.

The above quote by the circles’ Elder, encapsulates the belief that many Indigenous
community members likely share—and that is that, through Indigenous traditions,
Indigenous peoples can heal their own young people. This study attempted to under-
stand the thoughts of Indigenous young people regarding the overrepresentation of
young people in the criminal justice system. As Wilson (2008) argues, research which
attempts to engage with Indigenous methodologies by utilizing talking circles and sto-
rytelling must honor “the talk” (p. 99). The results of the study suggest that Indigenous
young people and key informants for the Indigenous community have a high level of
agreement on the reasons for overrepresentation of Indigenous young people in the
criminal justice system and the solutions. Though their opinions are correlated and
supported by the research literature on Indigenous young people, the circle members
engage with the subject matter via their own lived experience. Each of the young people
involved in the circles indicated that it was important to them that they were able to
spend meaningful time with an elder and also to be able to be heard. They indicated that
it meant a lot that they were able to be with other Indigenous young people who shared
their opinions and sympathized with their own attempts to understand their identities.
The elder, knowledge keeper and all the adult Indigenous members of the circle were
able to share their own personal histories, the histories of the Indigenous peoples and
discuss how they may heal together.
Given the concurrence between the circle member’s thoughts and that of the research
literature regarding the overrepresentation of Indigenous young people and possible
solutions, the way forward seems apparent. Youth-centric programming for
Indigenous young people should be developed in conjunction with key members of
the Indigenous community (in particular, Elders and knowledge keepers) and embedded
in Indigenous history, tradition, culture, and ceremony. Programming should include
young people not just as participants, but as developers and leaders with input of their
own. Indigenous young people are more likely to be engaged in programming and
initiatives if they are anchored in history, tradition, culture, and ceremony, but are
also centred on participatory learning.
There are a number of limitations to this study. The circle participants were a con-
venient sample that were likely self-selected (i.e., they were individuals who were likely
already aware of Indigenous issues/concerns and were connected with key individuals in
the local Indigenous community). The number of key informants and participants was
small and drawn from a particular geographic location in Southern, Ontario. Therefore,
the results are not generalizable to the larger community of Indigenous young people in
Canada. The Elder guided the talking circles in a holistic manner that is in keeping with
Indigenous methodologies. The study cannot ascertain if different results may have
arisen with more specific, targeted questions.
Much of this paper has discussed the challenges and difficulties facing Indigenous
young people. However, as Schwan and Lightman (2013) argue, we need to critically
assess how we narrate, characterize, and label the Indigenous experience. Seldom are
narratives about Indigenous peoples counterbalanced with explorations of resilience,
Cesaroni et al. 125

resistance, agency, and power (Schwan & Lightman, 2013). In fact, portrayals of
Indigenous peoples in peer-reviewed literature tend to be problem-focused and deficit-
based (Drawson et al., 2017).
A number of researchers are now calling for a focus on strength-based approaches as,
they argue, risk-focused descriptions are often unfairly negative and stigmatizing
(Jardine, Genius, Lukasewich & Tang, 2016). Merritt (as cited in McGuire, 2017) sug-
gests that it is important that resilience be defined in an Indigenous context. McGuire
(2017) suggests that resilience in an Indigenous context is related to the surviving foun-
dations of Indigenous knowledge(s). Homel, Lincoln, and Herd (1999) describe
Indigenous cultural resilience in terms of Indigenous peoples’ diversity, revival and
distinctiveness.
Weibe (2015) argues that “the mere existence of Indigenous people is an everyday act
of survival and resistance.” This paper will close with two quotes, one from the circle’s
Elder and one from one of the circle’s young people. Both give testimony to the strength
of Indigenous peoples in Canada. “(Youth, need to) Get to know there is a greater
purpose for being here. You are a product of generations who survived . . . we survived
genocide, colonization.”. . . “A lot of people did not survive colonization. I like to think it’s
(because of) our resilience that we are still here.”

Acknowledgements
The authors would like to thank Chief Kelly LaRocca, Elder Jim Johnson, Jake Charles, Pamela
Johnston, Jill Thompson and Angela Nagy for their leadership and wisdom. Annie Gaughan for
her research support. Special thanks to the young people who shared their thoughts with us,
without whom this study would not be possible. Miigwetch.

Declaration of conflicting interests

The author(s) declared no potential conflicts of interest with respect to the research, authorship,
and/or publication of this article.

Funding
The author(s) disclosed receipt of the following financial support for the research, authorship,
and/or publication of this article: Funding for this research was provided by the Department of
Justice (Canada) and the Social Science and Humanities Research Council of Canada (SSHRC).

Notes
1. “Aboriginal Peoples” is a collective name for all of the original peoples of Canada and their
descendants (National Aboriginal Health Organization (NAHO). Section 35 of the
Constitution specifies that Aboriginal Peoples in Canada consists of three groups; First
Nations, Inuit and Metis (NAHO). It should be noted however, that the term “Indigenous”
(meaning native to the area), is the term used by the United Nations, for Aboriginal Peoples in
Canada and is increasingly used by Aboriginal scholars and advocates to describe Aboriginal
Peoples collectively, inclusively and to recognize the place of Aboriginal Peoples in Canada’s
late-colonial era (NAHO).
126 Australian & New Zealand Journal of Criminology 52(1)

2. The term residential schools refers to an extensive school system set up by the Canadian
government and administered by churches that had the nominal objective of educating
Indigenous children but also the more damaging and equally explicit objectives of indoctrinat-
ing them into Euro-Canadian and Christian ways of living and assimilating them into main-
stream Canadian society. The residential school system operated from the 1880 into the closing
decades of the 20th century. The system forcibly separated children from their families for
extended periods of time and forbade them to acknowledge their Indigenous heritage and
culture or to speak their own languages.

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