Section 84 releases among indigenous offenders released from men's institutions

Research Highlights: Community supervision profiles of Section 84 releases for Indigenous offenders released from men's institutions are unique compared to those of non-Section 84 participants.

Involving Indigenous communities in the reintegration process of Indigenous offenders, specifically through the Section 84 release process, is fundamental to their success. Previous research has shown that Section 84 releases have positive impacts on community outcomes for Indigenous offenders released from federal men's institutions. The present research examines the prevalence of Section 84 releases among Indigenous offenders released from men's institutions,^{Footnote 1} as well as the profiles of Indigenous offenders participating in Section 84 releases in comparison to those who did not.

Community snapshots representing all Indigenous offenders released from men's federal institutions were extracted from the Offender Management System (OMS). Snapshots included Indigenous offenders in the community for fiscal years (FY) 2018-2019 (N = 1,548), 2019-2020 (N = 1,686), 2020-2021 (N = 1,679) and 2021-2022 as of August 22, 2021 (N = 1,662). Descriptive analyses were conducted, and comparisons were made between Section 84 participants and non-Section 84 participants.

The prevalence of Section 84 releases was consistent for the four snapshots, indicating that participation rates were not impacted by the COVID-19 pandemic. Over 20% of Indigenous offenders in the community participated in Section 84 releases. First Nations offenders made up the majority of offenders participating in Section 84 releases (75% to 79%), followed by Métis (17% to 20%), and Inuit offenders (3% to 5%). The Prairie region comprised the greatest proportion of Section 84 releases, followed by the Pacific and Ontario regions, while the Québec and Atlantic regions consisted of the smallest proportions. The regional distribution of Section 84 releases changed slightly over the study period, with an increase in the Prairie region, from approximately 50% to 62%, and a decrease in the Pacific region, from 30% to 20%.^{Footnote 2}

The majority (approximately 61%) of Section 84 participants were on discretionary releases, while the remainder were on non-discretionary releases.^{Footnote 3} Approximately one-third (36%) of Section 84 participants were released from a Healing Lodge, compared to 12% of non-Section 84 participants.

For all four snapshots, Section 84 participants were more likely than non-participants to participate in Indigenous interventions during incarceration, such as Elder initial reviews (83% to 84% versus 70% to 72%), Elder progress reviews (52% to 53% versus 34% to 39%), and to have an Indigenous Liaison Officer (64% to 72% versus 42% to 61%) or other Indigenous interventions staff (e.g., Elders; 17% to 28% versus 8% to 14%) assigned to their case management team. Section 84 participants were more likely to express interest than non-participants in a traditional healing plan (72% to 75% versus 50% to 60%) or a Section 81 transfer (58% to 62% versus 38% to 44%).

The prevalence of Section 84 releases remained consistent throughout the study period. The regional and Indigenous group differences highlight that there may be differences in capacity or community support, although some of the differences are due to the proportion of Indigenous offenders in each region. Enhancing support in regions with less Section 84 participation should be considered. Ongoing research on the drivers of success for Section 84 releases is currently underway at the Research Branch.

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Prepared by: Rebecca Sullivan & Shanna Farrell MacDonald