British Columbia's provincial health office is calling on the federal government to either revoke or substantially amend crime legislation over concerns about the potential health and social impacts on the province's Aboriginal people.
In a report released this week, the office says Ottawa needs to ensure the Safe Streets and Communities Act "recognizes the unique history and context of Aboriginal people in Canada, and considers the mental, physical and emotional health and wellness of Aboriginal offenders."
In particular, the act's provisions for mandatory minimum sentences for certain offences, "appears to contradict" the Criminal Code and related case law requiring judges to "consider all possible appropriate penalties prior to choosing incarceration, particularly in the case of aboriginal offenders."
While Aboriginal people make up about five per cent of B.C.'s population, they account for more than one-quarter of the population in the province's correctional centre, according to numbers presented in the report.
"We are concerned that the new federal legislation represents a step backwards and creates circumstances that will likely result in still more aboriginal youth and adults in prisons, and lower health status for Aboriginal people in correction facilities, as well as their families and communities," said deputy provincial health officer Dr. Evan Adams.
The report also called for adding resources aimed at improving the lives of aboriginals both behind bars and on the outside.
Dick Harris, the Conservative MP for Cariboo-Prince George, said the Act, known as Bill C-10 before it received assent in March 2012, followed extensive input that showed Canadians want tougher sentencing and more resources to capture criminals.
"The suggestion that we're going to soften on our stance, I don't think that's going to happen," Harris said Friday.
But he said the Harper government has "made huge progress" on several other fronts related to well-being for Aboriginal people, from schools and education to health to skills training.
"You know what? You're not going to fix this problem overnight, it's been around for multi-decades and it sure didn't get fixed by previous governments," Harris said. "But I can tell you, if you want to check the record, we've made more progress on aboriginal issues since 2011 when we became a majority government than the Liberals had in their previous 13 years as a majority government."
B.C. Justice Minister Shirley Bond took a similar stance, saying the report will be reviewed, but noted the provincial government helped lead discussions about tougher sentences during the legislation's development.
And she said a number of contracts are in place with Aboriginal communities and organizations to provide a variety of services for aboriginal offenders, reduce recidivism, provide education and improve health.
"We recognize that we need to provide, in a number of cases, specific types of support," Bond said. "We also work very collaboratively across health and social services to sort out the root causes."
Among the measures incorporated into the act are minimum sentences for serious drug crimes, ending house arrest for several types of serious crimes, and adding "specific deterrence and denunciation" to sentencing principles for young offenders.
