Indigenous Youth in Canada Significantly More Likely to Receive Custody Sentences, Statistics Canada Finds
A Statistics Canada report released on October 15, 2026, reveals that Indigenous youth were overrepresented in youth courts from 2016/2017 to 2022/2023 and faced significantly higher rates of custody sentences compared to White youth, even after controlling for crime severity.
A Juristat article released by the Government of Canada on October 15, 2026, details disparities in decision and sentencing outcomes between Indigenous and White accused persons aged 12 to 17 in Canadian youth courts from 2016/2017 to 2022/2023. The analysis draws on data from the Integrated Criminal Court Survey and the Census of Population.
During the study period, Indigenous youth comprised 8% of the total youth population in Canada but represented 27% of the accused in youth courts. Conversely, White youth accounted for 60% of the total youth population but represented 52% of the accused. Among Indigenous accused in youth courts, 76% were First Nations people, 19% were Métis, 3% were Inuit, and 1% had multiple Indigenous identities.
Using the Adjusted Relative Rate Index (ARRI) to control for crime severity, the report found that Indigenous youth were overall 6% more likely than White youth to receive a guilty decision. Broken down by group, First Nations youth were 5% more likely and Métis youth were 10% more likely to receive a guilty decision than White youth, while Inuit youth were 10% less likely.
Stays of proceedings were 18% more likely among Indigenous youth than White youth. This disparity was highest for First Nations youth at +22%, followed by Métis at +7% and Inuit at +6%. However, Indigenous youth were 16% less likely than White youth to have their case result in a withdrawal, dismissal, or discharge. Among specific groups, First Nations youth were 18% less likely and Métis youth were 12% less likely to see these outcomes, while Inuit youth were 15% more likely.
Following a guilty decision, Indigenous youth were 101% more likely than White youth to receive a sentence of custody, including supervision. Indigenous youth found guilty were also 10% less likely than White youth to receive probation. Additionally, they were 15% more likely to receive fines or community service and 26% more likely to receive sentences introduced under the Youth Criminal Justice Act, such as deferred custody, compared to White youth.
Data for Quebec were not available for the fiscal years 2021/2022 and 2022/2023 in this analysis.