In actual fact, as regards sentencing, judges currently have rather broad discretionary power. The same is true for the Crown, and you realize that despite or because of this discretionary power—which I would not want to discuss—aboriginals are over represented at all stages of the correctional system. The same is true in terms of parole. Parole board members have discretionary power to release aboriginal persons, yet they are released on parole less frequently than non-aboriginal inmates.
In this case, two reasons explain why aboriginal persons are—and I would assume that they still are—over represented. On the one hand, they are incarcerated more frequently than non-aboriginals. The probability of their being incarcerated for second or third times is therefore higher, all the more so since they are incarcerated at a much younger age than non-aboriginals are. For example, 25% of aboriginal persons entered penitentiaries when they were under the age of 25. In fact, there are many more aboriginals in the segment of the population under the age of 25 than there are non-aboriginals. I am not saying this is due to decisions made by certain people: the problem is systemic.