Putting the just back in justice: The ethical and humane custodial treatment of mentally disordered Aboriginal female offenders

Offenders with mental illnesses do not fair well in Canadian penitentiaries, and if they have an acute or chronic mental illness it is often exacerbated by placement in segregation or separate confinement. Despite calls from the Correctional Investigator and Coroner’s inquests, the Correctional Service of Canada remains non compliant and non transparent in its treatment of Aboriginal female offenders with mental health disorders. Specifically in the case of Ashley Smith, the coroner, Dr. John Carlisle ruled that Smith’s 2007 death was a homicide at the hands of the Canadian government and its agent, the Correctional Service of Canada. In order to address the poor treatment of Aboriginal female offenders with mental disorders, this paper proposes the removal of Aboriginal female offenders with substantive mental disorders from the Correctional Service of Canada and placement in trauma informed care programs in the community.