Criminalization
At Justice for Girls, we challenge the criminalization of teenage girls—especially those who have experienced poverty, violence, and government care. Too often, systems respond to girls’ trauma with punishment instead of protection and support. This is especially true for Indigenous girls, who are disproportionately targeted by policing and incarceration in Canada.
What’s Really Happening to Girls?
Girls are being jailed for their own protection
- Some girls are placed in custody not because they pose a risk to others—but because there is “nowhere else for them to go.”1
- The criminal justice system is used as a substitute for safe housing and mental health care, effectively punishing girls for being vulnerable.2
Indigenous girls are grossly overrepresented
- ~59% of incarcerated girls in BC are Indigenous—despite making up only about 8% of the youth population.3
- This is a direct result of colonial policies, family separation, systemic racism, and intergenerational trauma.4
Most girls in custody have histories of violence and trauma
- Nearly all girls in custody have experienced serious forms of violence—sexual abuse, trafficking, family breakdown, homelessness.5
- Instead of receiving support, they are funnelled into a justice system that re-traumatizes them.6
Criminalization replaces care
- When girls disclose abuse, act out from trauma, or run from unsafe placements, they’re often met with handcuffs instead of help.7
- Police may be called for “behavioural issues” in foster care or group homes, criminalizing normal responses to trauma.8
Jail is not a safe place
Our Legal Advocacy Work
We provide individual legal advocacy to criminalized girls by:
- Challenging unsafe or punitive placements in custody or care
- Supporting them in navigating the justice system
- Connecting them with lawyers and advocating for trauma-informed representation
- Helping them access housing, education, and mental health supports as alternatives to custody
Justice for Girls’ Advocacy
We work to end the criminalization of girls through:
Individual Advocacy
- Supporting girls through their court processes
- Advocating for bail, alternatives to custody, and access to youth agreements
- Connecting girls with trauma-informed services, housing, and mentorship
Systemic Change
- Pushing for legislative and policy reforms to end the use of custody as protection
- Demanding alternatives to incarceration that are girl-centred, trauma-informed, and culturally safe
- Calling out racialized policing and judicial bias
Public Education & Awareness
- Amplifying the voices of criminalized girls
- Exposing how institutions fail girls and perpetuate cycles of trauma
- Challenging myths that criminalized girls are “dangerous” rather than in danger
References
- Office of the Provincial Advocate for Children and Youth. (2015). It’s a matter of time: Systemic review of secure isolation in Ontario youth justice facilities. Government of Ontario. https://cwrp.ca/publications/its-matter-time-systemic-review-secure-isolation-ontario-youth-justice-facilities
↩︎ - Canadian Human Rights Commission. (2019). Left out: Challenges faced by girls in Canada. https://www.chrc-ccdp.gc.ca/en/resources/left-out-challenges-faced-girls-canada
↩︎ - Statistics Canada. (2020). Adult and youth correctional statistics in Canada, 2018/2019 (Catalogue No. 85-002-X). https://www150.statcan.gc.ca/n1/pub/85-002-x/2020001/article/00016-eng.htm ↩︎
- Truth and Reconciliation Commission of Canada. (2015). Honouring the truth, reconciling for the future: Summary of the final report of the Truth and Reconciliation Commission of Canada. Truth and Reconciliation Commission of Canada. http://nctr.ca/assets/reports/Final%20Reports/Executive_Summary_English_Web.pdf
Canadian Human Rights Commission. (2019). Left out: Challenges faced by girls in Canada. https://www.chrc-ccdp.gc.ca/en/resources/left-out-challenges-faced-girls-canada
↩︎ - Correctional Service Canada. (2016). Abuse histories of incarcerated women. Government of Canada. https://publications.gc.ca/collections/collection_2016/scc-csc/PS83-3-333-eng.pdf
Justice for Girls. (2001). Locking them up to keep them safe: Criminalized girls in British Columbia. https://www.justiceforgirls.org/publications/locking-them-up-to-keep-them-safe/
↩︎ - Bodkin-Andrews, G., Gertz, B., & Vassallo, S. (2019). History of childhood abuse in populations incarcerated in Canada: A systematic review and meta-analysis. International Journal of Offender Therapy and Comparative Criminology. https://doi.org/10.1177/0306624X19855761
Ombudsperson of British Columbia. (2021). Alone: The prolonged and repeated isolation of youth in custody (Report No. OMB-2021-00259). https://bcombudsperson.ca/assets/media/OMB-Alone_Youth-in-Custody-06-11-2021.pdf ↩︎ - Office of the Provincial Advocate for Children and Youth. (2015). It’s a matter of time: Systemic review of secure isolation in Ontario youth justice facilities. Government of Ontario. https://cwrp.ca/publications/its-matter-time-systemic-review-secure-isolation-ontario-youth-justice-facilities
Canadian Human Rights Commission. (2019). Left out: Challenges faced by girls in Canada. https://www.chrc-ccdp.gc.ca/en/resources/left-out-challenges-faced-girls-canada
B.C. Civil Liberties Association. (2021). Briefing note on youth detention and restraint practices in British Columbia. https://bccla.org/our-work/youth-detention-restraint-practices/ ↩︎ - Canadian Human Rights Commission. (2019). Left out: Challenges faced by girls in Canada. https://www.chrc-ccdp.gc.ca/en/resources/left-out-challenges-faced-girls-canada
Canadian Observatory on Homelessness. (2017). Police intervention in homeless youth: Understanding the challenges and solutions. https://homelesshub.ca/resource/police-intervention-homeless-youth-understanding-challenges-and-solutions
Office of the Provincial Advocate for Children and Youth. (2015). It’s a matter of time: Systemic review of secure isolation in Ontario youth justice facilities. Government of Ontario. https://cwrp.ca/publications/its-matter-time-systemic-review-secure-isolation-ontario-youth-justice-facilities ↩︎ - Ombudsperson of British Columbia. (2021). Alone: The prolonged and repeated isolation of youth in custody (Report No. OMB-2021-00259). https://bcombudsperson.ca/assets/media/OMB-Alone_Youth-in-Custody-06-11-2021.pdf
Office of the Provincial Advocate for Children and Youth. (2015). It’s a matter of time: Systemic review of secure isolation in Ontario youth justice facilities. Government of Ontario. https://cwrp.ca/publications/its-matter-time-systemic-review-secure-isolation-ontario-youth-justice-facilities
Correctional Service Canada. (2016). Abuse histories of incarcerated women. Government of Canada. https://publications.gc.ca/collections/collection_2016/scc-csc/PS83-3-333-eng.pdf ↩︎ - Canadian Human Rights Commission. (2019). Left out: Challenges faced by girls in Canada. https://www.chrc-ccdp.gc.ca/en/resources/left-out-challenges-faced-girls-canada
Correctional Service Canada. (2016). Abuse histories of incarcerated women. Government of Canada. https://publications.gc.ca/collections/collection_2016/scc-csc/PS83-3-333-eng.pdf
Ombudsperson of British Columbia. (2021). Alone: The prolonged and repeated isolation of youth in custody (Report No. OMB-2021-00259). https://bcombudsperson.ca/assets/media/OMB-Alone_Youth-in-Custody-06-11-2021.pdf ↩︎