Too many Indigenous women are in prison—but sentencing flexibility will help

Emma Cunliffe and Patricia M. Barkaskas of the Peter A. Allard School of Law at UBC wrote an op-ed for Maclean’s about the overrepresentation of Indigenous women in Canada’s prisons.

They discussed allowing judges some discretion on mandatory minimum sentences, which could help address this issue.

“Providing judicial discretion to depart from mandatory minimum sentences is a simple step that can ameliorate some of the harshest impacts of the criminal justice system on Indigenous women,” they wrote.