The Challenge
A significant challenge with the existing justice system, as supported by extensive evidence, is that Indigenous individuals experience cycles of escalating interactions with the criminal justice system that are very hard to break and can lead to prolonged incarceration. The presumption of diversion is a core justice value that needs to be entrenched throughout the justice system to break these cycles, decrease recidivism (repeat offending) and Indigenous representation in jails, and help Indigenous people access culturally appropriate supports and resources.
The presumption of diversion requires considering and applying culturally appropriate and least restrictive approaches at every point in time of an individual’s journey through the justice system, with the presumption that, whenever appropriate, these alternative responses should be the first option pursued. However, the presumption of diversion is only present in some ways in the justice system and is not applied in a consistent and comprehensive manner.
The Solution
Strategy 1 aims to establish multiple checkpoints throughout the justice system where presumption of diversion can be applied and the cycle of ever deeper interaction can be broken. This means at every point in time – pre-charge, post-charge, post-plea, and post-conviction – culturally appropriate alternative responses to the existing justice system are considered and Indigenous individuals are supported in ways that help them avoid future incarceration.
