Statistics Canada Finds Custody Disparity for Indigenous Youth in Court

Indigenous youth made up 27% of accused people in Canadian youth courts from 2016/2017 to 2022/2023, although they represented 8% of the youth population in the 2021 Census, Statistics Canada reported Oct. 15. The figures come from a new Juristat analysis of linked court and census data covering people aged 12 to 17 at the time of the offence.

White youth, by comparison, accounted for 60% of the youth population and 52% of accused in youth courts, according to The Daily, the agency’s release. First Nations people represented 76% of Indigenous accused in the data, Métis people 19%, Inuit 3% and people with multiple Indigenous identities 1%, the release says.

To compare court outcomes, Statistics Canada used its Adjusted Relative Rate Index, which measures how likely Indigenous youth accused were to encounter an outcome relative to White youth accused, accounting for the severity of the most serious offence in the case. The percentages describe relative likelihood, not the share of youth who received an outcome. Statistics Canada considers the two groups equally likely to encounter an outcome when the difference falls between -4% and +4%.

After controlling for the severity of the offence, Indigenous accused were 6% more likely than White accused to receive a guilty decision, including a guilty plea. First Nations youth were 5% more likely and Métis youth 10% more likely, while Inuit youth were 10% less likely than White youth to receive a guilty decision.

Among those found guilty, Indigenous youth were 101% more likely to receive a custody sentence, including supervision. They were 10% less likely than White youth to receive probation, but 15% more likely to receive fines or community service and 26% more likely to receive a sentence introduced under the Youth Criminal Justice Act, such as deferred custody and supervision or intensive support and supervision, the release says.

A stay of proceedings, when the Crown or a judge temporarily or permanently stops a prosecution, was 18% more likely for Indigenous accused than White accused, and 22% more likely for First Nations youth. Indigenous youth overall were 16% less likely to have their case end in a withdrawal, dismissal or discharge, while Inuit youth were 15% more likely.

The Juristat article says it does not account for the underlying drivers of court outcome disparities, such as the historical and ongoing consequences of colonization, factors it says are recognized as integral to Indigenous youth’s interactions with the criminal justice system.

The court data are reported by fiscal year, April 1 to March 31. Statistics Canada notes that Quebec data were not available for 2021/2022 and 2022/2023.