Marvin Starblanket’s life, like that of many formerly incarcerated Indigenous people, remains under the oversight of Correctional Service Canada (CSC) even after serving his sentence. These conditions dictate where he lives (in a halfway house, rather than with his family), when he must be indoors (by 10 p.m.), his prohibition from drinking alcohol, and the type of employment he is allowed to pursue.

Despite these constraints, Starblanket, 42, has marked his body with tattoos on the backs of his hands: “Good” on the right, written in an elegant script with beams of light; and “Evil” on the left, paired with a skull design. Reflecting on the duality, he muses, “Who wins? Depends which one you feed.”

A member of the Mistawasis First Nation, Starblanket’s life has been shaped by a history of crime and substance abuse. He is currently serving the halfway point of a five-year supervisory order following his latest incarceration for a robbery in which he used a Taser. His time in the criminal justice system is a stark reminder of Canada’s growing crisis regarding the overrepresentation of Indigenous people in its correctional facilities.

Since Prime Minister Justin Trudeau’s vow to renew Canada’s relationship with Indigenous peoples upon taking office in 2015, his government has made some strides, such as repealing mandatory minimum sentences for certain crimes. However, Indigenous people, who make up about 5% of Canada’s population, now account for roughly a third of federal inmates, a worsening disparity since Trudeau’s tenure began. This continues a troubling trend that mirrors similar challenges in other Western nations, where Indigenous populations face disproportionately high incarceration rates. In the United States, Indigenous people are imprisoned at twice the national average, and in Australia, the rate is 15 times higher for Aboriginal peoples.

Efforts to reduce these statistics in Canada have largely fallen short. Research conducted by Reuters, which involved interviews with 50 individuals connected to the criminal justice system, pointed to a range of factors, including post-release conditions, parole denial rates, and mandatory minimum sentences, as contributors to the growing Indigenous prison population.

The data reveals that Indigenous people are subject to longer, more stringent post-release supervision orders than their non-Indigenous counterparts. These orders have increased by 53% from 2013 to 2024. This escalation is notably more pronounced among Indigenous individuals, with the rate of increase for them being four times greater than that for white Canadians.

Supervision orders in Canada are intended for individuals who pose a risk to society. Similar systems are used in the U.S. and the UK, particularly for sex offenders. While experts acknowledge that such measures can provide access to support services like drug treatment and psychological counseling, they also caution that any breach of conditions can quickly result in reincarceration, often for minor infractions.

Indigenous people are more likely to face harsher conditions upon release, given factors like higher rates of poverty, homelessness, substance abuse, and mental health issues within their communities. Leonard Marchand, Chief Justice of British Columbia and member of the Okanagan Indian Band, pointed out that these conditions, combined with the societal challenges many Indigenous people face, create significant obstacles in adhering to supervision orders.

Indigenous individuals are disproportionately affected by breaches of supervision orders, as they may struggle with the socioeconomic realities of life outside of prison. For example, those on supervision orders risk reincarceration for minor violations, even when they are working to overcome their pasts. Advocates argue that a more nuanced approach to risk assessment, one that considers these social factors, could help prevent this cycle.

Jonathan Rudin, the program director of Aboriginal Legal Services, emphasized the need for reforms in Canada’s approach to Indigenous offenders. He argued that imprisonment, particularly in the case of Indigenous people, has proven largely ineffective in breaking the cycle of incarceration.

At every stage of the criminal justice process, Indigenous individuals face higher barriers. They are more likely to be denied bail before trial and to be assigned to maximum-security facilities post-conviction, where rehabilitation programs are scarce. Even when parole officers recommend their release, Indigenous people are less likely to be granted parole.

Gary Anandasangaree, Canada’s Crown-Indigenous Affairs Minister, has acknowledged systemic racism within the correctional system and noted that the government is working toward eliminating mandatory minimum sentences. He highlighted the importance of addressing the health and social needs of Indigenous offenders to ensure they are given fair consideration.

While there is recognition of the need for reform, political opposition, particularly from Canada’s Conservative Party, continues to advocate for more stringent punishment for violent crimes, without addressing the underlying issues that disproportionately affect Indigenous communities.

Starblanket’s story is one of profound personal tragedy, shaped by a cycle of intergenerational trauma. He experienced the death of his father in police custody when he was five, followed by abuse and separation from his mother and siblings, leading to a turbulent childhood spent bouncing between foster homes. His early life of instability was compounded by repeated encounters with the criminal justice system, including numerous convictions related to violence and substance abuse.

His case is emblematic of the struggles many Indigenous people face, as systemic barriers and personal trauma feed into cycles of incarceration. After being designated a dangerous offender, Starblanket’s lawyer successfully appealed this decision in 2019, citing a lack of consideration for his potential for rehabilitation. As a result, he was released in 2022 under strict conditions, which include drug and alcohol abstinence and mandatory treatment.

However, life under supervision has proven difficult. Despite his best efforts, Starblanket relapsed and was forced to move to a halfway house. His long-term goal is to rebuild his life and become a voice for Indigenous people who have experienced similar struggles. He dreams of pursuing a degree in psychology and eventually running a halfway house to help others navigate the challenges he knows too well.

Ultimately, Starblanket’s case underscores the complexities of Indigenous involvement in the criminal justice system. While reform efforts have been slow, advocates and experts stress the need for more effective interventions that take into account the unique social and historical factors that contribute to Indigenous over-incarceration in Canada.