16.3 Colonialism, Law and Criminalisation

When we think of organised crime in Canada, we often think of outlaw motorcycle or street gangs. However, we should start by examining how the law has historically produced categories of legality and illegality. Colonialism created systems of land dispossession, forced settlement, surveillance, family separation, and racial hierarchy (Foster & Grekul, 2024). These systems shaped who had access to property, employment, mobility, citizenship, and safety. They also shaped who was more likely to be defined as dangerous, disorderly, or criminal (Kohm & Maier, 2023; Wiley et al., 2017).

For Indigenous peoples, colonialism was not only a background condition. It was enforced through law and policy, through the Indian Act, the reserve system, residential schools, child welfare removals, pass systems and the criminalisation of cultural and economic practices. These histories contributed to intergenerational trauma, poverty, separation from family and land, and mistrust of state institutions. Contemporary gang involvement among some Indigenous people must be understood in relation to these structural harms, without treating Indigenous communities as inherently criminal or violent (Chalas & Grekul, 2017; Foster & Grekul, 2024; Kohm & Maier, 2023).

As of 2023, Indigenous people number approximately 1.8 million, or about 5% of Canada’s total population (Statistics Canada, 2023). More than half live in Western Canada. Despite this, Indigenous adults account for 33.2% of the population in provincial and federal correctional facilities, highlighting a profound and ongoing pattern of overrepresentation. For more on the overrepresentation of Indigenous peoples in the Canadian criminal justice system, see the video Canada: Why many Aboriginals grow into crime.