Cited by 108Indigenous Health, Education, and RightsPolicing Practices and PerceptionsIndigenous Peoples' Rights and Law

Shining Light on the Dark Places: Addressing Police Racism and Sexualized Violence against Indigenous Women and Girls in the National Inquiry

Palmater, Pamela·2016·Canadian Journal of Women and the Law

Published version of a preprint

Abstract

Canada has had a long-standing problem with both societal and institutional racism against Indigenous peoples, especially within the justice system. Numerous national inquiries, commissions, and investigations have all concluded that every level of the justice system has failed Indigenous peoples. More recent inquiries indicate that racism against Indigenous peoples is particularly problematic in police forces in Canada. Yet, despite the evidence, little has been done in Canada to act on the recommendations. This has resulted in the over-incarceration of Indigenous peoples, numerous deaths of Indigenous peoples in police custody, and the national crisis of thousands of murdered and missing Indigenous women and girls. This article seeks to highlight the lesser-known problem of police-involved racialized and sexualized abuse and violence against Indigenous women and girls as a root cause of the large numbers of murdered and missing Indigenous women and girls in Canada. It is argued that an in-depth look at police-involved disappearances, sexual assaults, and murders of Indigenous women should be included in a national inquiry into the high rates of murdered and missing Indigenous women and girls. It is hoped that such an investigation under the national inquiry will result in evidence-based analysis and recommendations for legislative and policy-based changes that are consistent with the human rights protections afforded Indigenous women and girls and with the calls for action…

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Crossref · 10.3138/cjwl.28.2.253

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  • Law enforcement and criminal justice systems are considered discriminatory among Indigenous women survivors of domestic violence due to the history of colonization.

    “Law enforcement and criminal justice systems are considered discriminatory among Indigenous women survivors of DV due to the history of colonization ( Holder, 2023 ; Palmater, 2016 ).”
  • Canada's criminal justice system works against Indigenous peoples at every level, including police checks and arrests, bail practices and pretrial detention, racialized and gendered violence by police, sentencing, jury selections and higher rates of imprisonment, security classification and penal segregation.

    “Along with this postwar shift, Canada's criminal justice system works against Indigenous peoples at every level, including police checks and arrests (Card et al., 2021;David and Mitchell, 2021), bail practices and pretrial detention (Myers and Ireland, 2021), racialized and gendered violence by police (Palmater, 2016), sentencing (Alberton et al., 2021), jury selections (Hogg, 2021) and higher”

    From Decolonizing Research on the Carceral in Canadian Political Science (2023) · cites this paper as Palmater, 2016

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References 5 · Cited by 108

Authors
Palmater, P.
Corresponding author
Palmater, Pamela
Venue
Canadian Journal of Women and the Law
Published
2016-08
Volume
28
Issue
2
Pages
253-284
ISSN
  • 0832-8781 (ISSN-L)
  • 1911-0235
OpenAlex
W2518373336
Cited by
108
References
5
Citations by year
2026: 3 · 2025: 11 · 2024: 13 · 2023: 11 · 2022: 17 · 2021: 37 · 2020: 6 · 2019: 4 · 2018: 2 · 2017: 3 · 2016: 1
FWCI
4.40
Type
journal article
Language
en
Open access
closed
Locations
  • Canadian Journal of Women and the Law/Revue Femmes et Droit (publishedVersion)
  • Project Muse (Johns Hopkins University) (submittedVersion)
Topics
  • Social Sciences › Health › Indigenous Health, Education, and Rights
  • Social Sciences › Political Science and International Relations › Policing Practices and Perceptions
  • Social Sciences › Law › Indigenous Peoples' Rights and Law
Keywords
racism in policing, sexual violence, Indigenous women and girls, national inquiry, institutional racism, police brutality, sexual assault, disappearance, over-incarceration, Truth and Reconciliation Commission, human rights

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