Indigenous people have been underrepresented by a program that takes a compassionate approach to criminal justice, according to a new University of Saskatchewan study.
Researchers found few Indigenous people move through Saskatoon’s Mental Health Strategy Court (MHSC), which coordinates treatment for people with mental health or cognitive issues.
“It is a concern because we know that the Indigenous population is disproportionately higher in the criminal justice system from the point of arrest through the courts and in incarcerated populations,” said Dr. Mansfield Mela, director of USask’s Centre for Forensic Behavioural Science and Justice Studies.
Of the 89 people adjudicated by the MHSC between November 2013 and 2014, he said roughly 10 per cent were Indigenous.
“The Court should carefully consider their underlying assumptions when evaluating referrals for Indigenous clients and/or make a concerted effort to recruit Indigenous justice-involved persons with mental health issues,” the study says.
It’s likely representation has improved since 2014, Mela said, but more needs to be done.
“There are, unfortunately, certain structures in place that seem to play against being involved in the mental health court, which we’re just discovering and trying to work on,” Mela told Global News.
There’s limited awareness of the court, which was established in 2013 by a group of mental health and criminal justice professionals, he said.
Mela said he hopes more community organizations refer their clients to the MHSC as awareness improves.
Central Urban Métis Federation Inc. (CUMFI) has referred some of its members to the court. CUMFI president Shirley Isbister said stigma is a barrier.
“Mental health has been a secret in our Métis community for many, many years,” she said. “It was not something that was talked about.”
‘Worth every cent’
Researchers recommend hiring an Indigenous court worker to improve buy-in and compliance.
A long-term goal is to incorporate the guidance of Elders and Indigenous justice practices throughout the process, Mela said.
Making those changes will come at a cost, but the MHSC does not receive funding. Most stakeholders do the work on the side, Mela said.
Isbister said that needs to change.
“Having (funding) in place for Indigenous people is priceless,” she said. “It’s worth every cent.”
Saskatchewan’s justice ministry did not respond to questions about why it does not fund the court.