major paper

University of the Fraser Valley
School of Criminology and Criminal Justice

Andrew Caldwell
Amanda McCormick
Hayli Millar
Martha Dow
University of the Fraser Valley School of Criminology and Criminal Justice

Two Spirit is an Indigenous identity that is gender variant and includes the interrelatedness of all aspects of identity including sexuality, gender, culture, community and spirituality. Colonization has profoundly (and adversely) impacted Indigenous identities, including those who self-identify as Two Spirit. To date, there has been limited academic research on Two Spirit identity. More specifically, research to address the social epidemic of Indigenous peoples who are overrepresented in the criminal justice system and federally incarcerated in Canadian prisons does not yet adequately consider the unique identity and needs of Two Spirit individuals. Even the Truth and Reconciliation Commission provides only a singular passing reference to Two Spirit persons in its summary report. In this paper, the author argues that Two Spirit identities have been largely excluded from the overall Correctional Service of Canada (CSC) profile within policies, programs and institutional infrastructure. In view of the 2016 introduction of Bill C-16: An Act to Amend the Canadian Human Rights Act and the Criminal Code protecting gender identity and expression as prohibited grounds of discrimination, the author focuses on the need for greater inclusion of the Two Spirit identity within the CSC policies and programs. Existing human rights protections now include supports for the rights of gender identity and expression, sexual orientation, and biological sex beyond the current policy framework. Indeed, human rights protections have expanded to create space for the CSC to recognize and include gender fluid identities and expressions for Two Spirit offenders. A main conclusion and recommendation is that the existing binary gender (male/female) framework built on heteronormativity must be challenged and evolve to develop an educated incarceration approach for Two Spirit offenders.

Native prisoners--Canada
Two-spirit people
Gender identity--Law and Legislation--Canada
Criminal justice, Administration of--Canada

University of the Fraser Valley

2019