My name is Merv Thomas. I'm a Nehiyaw-Cree from Saskatchewan.
I want to begin by acknowledging the Algonquin people on whose territory in Ottawa this meeting is being held. I'm video conferencing from the Coast Salish territory in Vancouver, B.C.
I want to thank this committee for the invitation to appear as a witness. I'm here as the Chief Operating Officer from the Canadian Aboriginal AIDS Network, a position I hold in a part-time capacity. I also work at the Circle Of Eagles Lodge Society as the chief executive officer, so I bring a unique perspective in working closely with indigenous people in the field of HIV as well as assisting indigenous people in reintegrating back into society.
CAAN's main mandate is HIV, but in 2013 it expanded its mandate to include hepatitis C, sexually transmitted blood-borne infections and tuberculosis, mental health and comorbidity issues. The Circle Of Eagles Lodge Society operates two halfway houses and several other cultural programs.
I was born and raised in Saskatchewan. I saw first-hand and felt the impact that colonialism, systemic discrimination, racism, the residential school system and the laws and policies of Canada have contributed to and continue to contribute to the overwhelming representation of indigenous people who are incarcerated.
In 2017, 92% of people incarcerated in Saskatchewan were indigenous. I also know that Saskatchewan has the highest rates of HIV, with approximately 80% of those living with HIV identifying as indigenous. This discussion with the House of Commons justice committee and these laws that are being discussed here are contributing to the challenges and the overwhelming representation of indigenous people incarcerated and living with HIV.
I want to discuss some of the stats as found in the Auditor General's report as they relate to indigenous peoples in the federal corrections system. That office stated:
In the ten-year period between March 2009 and March 2018, the Indigenous inmate population increased by 42.8% compared to a less than 1% overall growth during the same period. As of March 31...Indigenous inmates represented 28% of the total federal in-custody population while comprising just 4.3% of the Canadian population.
When it relates to HIV, I want to point out that indigenous people continue to bear the burden of overrepresentation of HIV and AIDS. The trend continues to rise as indigenous people turn to substance use to address their trauma. Injection drug use is the vehicle that drives this epidemic.
In B.C. we are experiencing an opioid crisis, but this crisis is also spreading to other regions, and the time to act is now. Many indigenous people who are involved in the criminal justice system are at high risk. Most of those involved in the justice system are dealing with addictions, and they are impacted.
I want to share the story of a young man from Regina, Saskatchewan. He was a gang member, a young man, 23 years old. He had three children. He was transferred to the Pacific region because he wanted to leave the gang and start a new life for his wife and children and to make a new start with hopes of making a positive change in his life. He arrived at a Circle Of Eagles Lodge Society halfway house, but he went AWOL shortly thereafter. He came back to the halfway house, clearly under the influence of some substance, a few days afterwards. Before he could get picked up, he left once again.
I received a call stating that he was in a coma in the hospital. I went with another staff member, and we stayed with A.B. until he passed on to the spirit world that evening. Calling his mother and hearing her weep is one of the hardest things that I have had to do in my career.
It was not until much later that I found out he was also living with HIV. This brings up another point that I am hoping may be addressed. It is very difficult to be living with HIV in the community due to stigma and discrimination. Imagine what it would mean for an HIV-positive man in a federal institution. Openly disclosing your status within the prison population has dangers not experienced in a community. We also know that indigenous people are leaving their homes and reserves to access health care, but they are also fleeing persecution. Due to their HIV status, many are not allowed back home.
One of the other challenges faced by the Circle Of Eagles Lodge and by organizations that are helping indigenous people as they transition back into the community is accessing medical information. For example, we continue to see many people discharged without valid ID, but what I do question is what is happening for those who are living with HIV in terms of their ability to access an HIV doctor or specialist. How are they being assisted, thus ensuring that they continue to receive their medications once they have been released? In the case of A.B., what supports were in place to help him with HIV?
Research has shown that a person who's on medication and is undetectable is also untransmittable. On World AIDS Day and during last year's Aboriginal AIDS Awareness Week, the honourable health minister Ginette Petitpas Taylor reiterated Canada's position that U equals U.
I'm very concerned that Canada continues to criminalize addictions and HIV, rather than dealing with them as a health issue. I'm also concerned that the term “harm reduction” is often used, but there is no real appetite to ensure that all levels of government are working in concert.
I want to point out the Portugal model as a consideration for this committee and the federal government. By decriminalizing addictions, they lowered their incarceration rates and lowered their HIV rates considerably.
At the Aboriginal AIDS Awareness Week harm reduction day last year, CSC reported that they had distributed seven needles since they began handing out clean needles in prison. This needs to improve.
The Truth and Reconciliation Commission has several key calls to action. This committee can assist in answering those calls. There are several for health, such as recommendation 19, which states, “We call upon the federal government, in consultation with Aboriginal peoples, to establish measurable goals to identify and close the gaps in health outcomes between Aboriginal and non-Aboriginal communities...”. That part also addresses mental health, chronic diseases, illness and injury incidence and availability of appropriate health services.
As it relates to justice, they call on the federal and territorial governments to provide sufficient and stable funding to implement and evaluate community sanctions that will provide realistic alternatives to imprisonment for aboriginal offenders and respond to the underlying causes of offending.
In the interests of time, I'll save a few of those other ones, but if you want to check them, numbers 30, 31, 32 and 33 of the Truth and Reconciliation Commission's calls to action relate to what we're discussing today.
Criminalization of HIV is not a just law. There are alternatives.