Findings

The findings from our consultations are grouped according to the five main pillars of the framework for Canada’s Black Justice Strategy: social determinants of justice, policing, courts and legislation, corrections and reintegration and re-entry. Under each pillar, our findings cover the overall sentiments, experiences, and specific concerns or challenges as identified by participants and participants. We buttress the discussions with related key quotes from our consultations. Before delving into the findings for the pillars, we next set some context with a snapshot of how our participants have been involved with the criminal and justice system.

Generally, our participants have either directly interacted with the criminal and justice system or have relatives or know people who have done so. In most cases, the sources of our participant’s interactions are typical including traffic checks, random police checks, being attacked, being suspected, being accused, and claiming rights. What stood out is our participants' general mistrust of the criminal and justice systems. Our participants mostly believe that it took too little for the police for instance, to suspect them and perceive them as guilty. The following quotes capture how some participants captured the lingering doubts and suspicions they have even as they go about their normal everyday activities:

“(Police should) stop pulling me over when I'm walking and asking where I'm going when I'm walking home. Stop pulling me over when I'm sweaty after the gym.”

“I am scared to be arrested for doing nothing. Or worse, killed for no reason.”

“Police stereotype… I was coming from work, was stopped and was asked if I had taken drugs”

“Look at what they did to 81 year old Selwyn...you want to tell me they can't differentiate between a 40 year old and an 81 year old? Only when they are Black! These police officers are enabled by the system.”

As context for the last quote, the late Retired Justice, Honourable Selwyn Romilly was the first Black judge to be appointed to the B.C. provincial court bench and the B.C. Supreme Court. In May 2021, Justice Romilly was handcuffed by five police officers in Vancouver when he was simply taking a stroll. According to the police, the justice (in his 80s) resembled the suspect a “40-50-year-old dark-skinned man”.Footnote 10 This incident captures the concern of the perilousness of living in a Black body in BC - as related to the criminal and system - that our participants sought to convey. Similarly, the incident captures the source and essence of suspicions of both systems that community members shared in our consultations. In the rest of this section, we will discuss the inputs of our participants thematically.

Social determinants of justice

Our participants were overwhelmingly negative when assessing what sort of justice social factors have produced for them in the province. It was clear from responses, that almost all sectors reflect and produce individually and collectively an adverse justice system for Black people in the province.

Economic factors

Our participants identified that systemic inequalities in employment opportunities, and wealth distribution are a major source of the adverse justice and criminal systems Black people face in the province. This is a vicious cycle fostered by and also deepening racism in both systems. The more international educational credentials are dismissed during hiring, the more Black people especially immigrants are unemployed or perilously employed.

“I am lucky that I'm from the United States, where it's a bit easier, but yet and still I can't be a clinical psychologist here, even though it takes more hours to be licensed in the state of California than it does in BC. I know people who were teachers for many years from the continent who are working at Tim Hortons. They like us coming into the country, but they don't want us to come in at the statuses that we have.”

The more the unstable or even absent employment is, the higher the likelihood of being closer to risky situations and even unfair targeting that could involve the police and the courts.

“Economic challenges, such as unemployment or workplace unfairness, can contribute to individuals coming into contact with the legal system.”

In the court system, the financial limitations faced by many Black individuals can hinder their access to proper legal representation, leading to unequal outcomes in the justice process.

“The expungement of criminal records (even of you are not guilty) costs hundreds of dollars and for this type of environment that we're living in, with the soaring cost of housing and me being a single income household, how can I again, on top of everything else, afford to expunge a 20-plus-year-old record?”

Racism

Our participants overwhelmingly pointed to racism as possibly the most significant social factor producing the inequities in the criminal and justice systems.

“Racial discrimination and systemic issues like racism play a significant role in undermining fair policing and court systems.”

“There needs to be a recognition that the current institutions were built on racism and colonial ideology. These systems are based on racism and discrimination, they are doing what they were created to do.”

“You tell me! The history of police was based on giving convicts jobs to recapture slaves during the Jim Crow era! Why should I have to suggest anything? I have had to adapt, absorb, learn, accept, appreciate, welcome, turn my cheek, forgive, fight and survive. I had a boy 26 and a girl, aged 30. I not only fear for my life but worry every day that the police/RCMP will be the ones in the end that will mistreat him especially!”

"I don't feel comfortable dealing with the police because of the stigmas that I feel are associated with Black people. It's not that I have always had negative interactions with officers. The majority of my interactions have been positive. However, the fact that I'm a Black person - Black male at that - I feel I'm seen as a threat."

“There is inherent stereotyping and implicit bias against people who look like me or have my name so I always need to prove myself and work to disprove the negative biases.”

The racism informs and is informed by stereotypes that leads to the baseless suspicion of Black people and the adverse discriminatory handling of their bodies and cases.

Education

Our participants indicated that the anti-Black racism and discrimination in the justice and criminal systems have been fostered by the absence of, or limited education about Black cultures, histories and peoples in schools as well as the harmful misrepresentation of Black people in popular media. School curricula and popular media have created and sustained negative anti-Black stereotypes that lead to needless suspicions and doubts.

“I feel the stigma associated with how the media portray Black people. It is ignorant and harmful.”

“There isn't a place for Black people in the education system. The majority of learning institutes and education are based upon White/European history that leaves out the Black experience and historical accuracy.”

“Local police and RCMP are all the same people from the same society, a uniform does not change their perception.”

Mental health

Our participants also acknowledge the role of relatively poor mental health in creating challenges for Black people in the justice and criminal systems. The participants pointed for example to the rarity of culturally-sensitive mental health supports for Black people in BC and how that could potentially push people into risky positions and situations that could involve law enforcement and the courts.

“Our problem is our counselors are not trained in how to deal with mental health issues specific to African, Caribbean and Black youth. They do not get the training in their work and then when? So what ends up happening is sometimes, when youth go to the counselors, they actually perpetuate more racialized violence and trauma, and they can actually do more harm than good.”

Additionally, participants pointed to how the mental health of young Black people could be further imperiled by how some Black parents, counting on the remedial powers of communality, tend to underplay the mental health of their children. Yet, Black parents themselves may not have the tailored resources that could help them support their children’s mental health better.

“Similarly, counselors don't understand Black parents and what they have to go through as well, and so parents could end up rather vilifying their kids in the process.”

Housing

Our participants indicated that unstable housing could also increase risks of being involved with the police and the courts. Recent homelessness counts in Vancouver revealed the overrepresentation of Black people.Footnote 11 In a province where housing is most expensive, the afore-identified vicious cycle of economic inequity plays out here too. If you can’t have well-paid jobs and generate reasonable income, you cannot afford housing and this in turn could leave one homeless and exacerbate the risks they face to their wellbeing.

“As a retired senior with limited income, one has to be very careful as housing costs and cost of living are absolutely extremely high.”

As indicated by our participants, even where they have the resources to rent, racism and discrimination are still hindrances and one may still find it hard to get a place to rent.

“I always had to go with my white husband when we were renting. By myself, I was quickly denied even when I phoned and made appointments.”

“I have experienced landlord hesitation from Chinese property owners who did not want to rent to myself and my partner. When my partner and I were house hunting , all the brochures used by property developers only had images of white people and in all the design mockups. These can sometimes send a message that black people are not welcome in the neighborhood. There is a lot of racial segregation here in Vancouver with predominantly white neighborhoods.”

Even when a rental is found, harsh practices by some landlords could quickly throw tenants into long-drawn out tenancy branch disputes that are also time-costly, emotionally-draining and sustains a cloud of uncertainty.

“When I was renting I noticed such factors as more frequent rent increases and meaningless harassment though I was a very good tenant and took good care of our homes.”

We were not hurting nor inconveniencing anyone. We were the ones being inconvenienced. We had no clean hot water unless I boiled it on the stove. Even going to the Landlords' and Tenants' Board made no difference. I called the health board and was later evicted.”

“Condominium "president" told me I was not welcome to live there, lied to the landlord and strata… had to involve my landlord and police.”

In sum, our participants expressed that the identified factors above and others do not work singularly at any point. The identified social determinants intersect in very adverse ways and stifle Black people more and more:

“These factors can intersect and amplify one another, leading to a complex web of circumstances that may bring someone into contact with law enforcement or the court system. It's important to acknowledge these systemic challenges and work towards solutions that promote fairness and equality.” - Respondent

On a positive note, some of our participants expressed that they have been able to pursue cases, defend their rights and demand justice as they are privileged to have the needed economic wherewithal and understanding of their rights and the law.

Policing

Our participants shared the different ways in which they or other Black people they know have been involved with the police.

"It was a civil dispute and the White neighbors called the police and made up a story. The Black man (married to an Asian woman) was not believed and he was charged."

“Myself and two other Black men were arrested after being assaulted because we stood out from the rest of the crowd and l, in their own words "were the only ones that they could identify as aggressors and connected."

“I was attacked by four white guys, but I ended up being the one arrested and the cop threw me to the ground.”

“The Shawnigan Lake RCMP Detachment completely botched my uncle's death due to lack of professionalism such as telling my aunt that the lady who hit and killed my uncle was really sorry. This detective also didn't even bother giving the lady a ticket. There are plenty of people with stories like mine.”

“My sister was almost killed by her drunk landlord and the police didn't even investigate. The man got off scot free.”

"Police appear intimidating especially when driving and when they stop me on the road. They usually never issue me a warning, it's always a straight ticket where some of my other friends of different races say they got away with a warning like driving over the posted limit by 10 to 15 km."

“My local police is the RCMP - In a recent interaction where I reported another student threatening to curb stomp my 12 year old son, police were very dismissive and did nothing about the incident, not even a conversation with the other student’s parents!”

Based on experiences including those captured in the above quotes, our participants generally hold a negative sentiment about policing in the province. Our participants expressed their mistrust and distrust of the police. This lack of trust is tied to how:

In most cases, our participants expressed how they did not even have to be involved in an incident but will still be engaged by the police due to implicit biases and baseless suspicions.

“90% of the time, I get pulled over for routine checks.”

“I was coming from work. I was stopped by the police and was asked if I had taken drugs.”

“Well, I’m often targeted when I’m seen driving. The cops will get behind me and check my license plate. Once they see I have a clean record they drive away. But this action was triggered once they saw I was black. I drive a white equinox so nothing suspicious there. I would like the cops to see me as a person not a black criminal.”

“There seems to be a general assumption of black people being troublemakers.”

“Police in metro Vancouver (including Burnaby, Richmond, North and West Van) behave toward the Black citizens (they are obligated to equally protect) as if they are criminals or liars first. Routinely demanding a Black person disprove an allegation from a white or Asian person instead of making the accuser prove their accusation is a relic of the American 50s - and needs to stay there.”

Our participants expressed that the roots of the police’s anti-Black biases and discrimination can be tied to the very low number of Black police officers and the even lower number of Black officers in police leadership.

“Policing was created to police non-white people. This has not changed even though there are a few other people of colour in the police force, it still remains white.”

Low Black representation means poor diversity and a police set-up that does not reflect the broader society enough in terms of identities. Thus, Black people mostly do not see themselves in officers and any encounter could mimic a feeling of otherliness - us versus them.

“How can I walk down the street as a black man and be myself everyday, when I have to look over my shoulder for skulking White and Asian officers. I rarely ever see Black or coloured officers.”

Respondents pointed out how the police officers they encountered showed a general lack of cultural sensitivity and empathy. While this is related to the little Black representation, there is a general uncertainty about how police officers in the province are being specifically trained to engage with Black people.

“There's simply no trust between the Police and Black People. Zero trust on both sides. In the most common cases, It's caused when the white public tries to weaponize the police to their advantage. As soon as the police are called and a black person is present, there's already an assumption of guilt.”

“I did advocate for a girl who did not get support from police when she and others were threatened by a White boy's racist video. Many people felt that if the roles were reversed, there would be a different outcome and consequences for the boy. The police don't seem to want to treat people equally so there needs to be better policies and consequences when they don't adhere to them.”

Respondents were also worried about the lack of accountability where Police officers are in the wrong or a lack of transparency where an accountability process is supposedly in place.

“Where are the consequences for racism acts committed by the VPD.”

“I feel that most times the police get a pat on the back, you know, or a tap on the shoulder for their behavior. It is very difficult for them to be brought before the justice system and to answer to the racist behavior. They often seem to find a way to get out of it, but I think there should be clear consequences for that.”

Courts and legislation

Courts

For our participants who have interacted with the courts and other judicial bodies or know someone who has, they generally felt experiences with the courts for Black people have been negative.

“I reported to the Human Rights Tribunal about ‘nigger’ being used in the work place and all that happen was simple unfeeling apology from the worker and no sympathy from my employer.”

“The court system does not "protect or serve" us. It works to keep us oppressed.”

Respondents shared that there tends to be a deficit in terms of our understanding of our rights and legal processes. This deficit is natural considering that a huge section of Black people in BC and Canada generally are immigrants used to their own national laws and legal processes that may be different from what apply in Canada. Some participants shared for example, how their misunderstanding of the law or ignorance of it has gotten them involved with the courts. Sometimes, such ignorance has also meant that Black people are unable to assert their rights.

“I have not heard of any program that helps to promote access to the justice system for Black people in BC.”

According to our participants, the ramifications of the said deficit are worsened by the poor legal support Black people tend to receive when they are involved with the courts.

"Someone I know well went through the justice system without any support. They had legal aid and that was it. In another incident they pursued a known lawyer to take their case as they were assaulted by several RCMP in Vancouver. If it wasn't for their family stepping in they would have been in jail for 15-20 years. There was no equity or support provided and their legal aid lawyer had clearly made a deal without their client's consent based on their actions. The family chose to pay for a lawyer when it came to sentencing and that was the difference.”

Our participants identified how broadstroke legal aid services were often not tailored to suit their needs or patient enough with them. The alternative of hiring one’s own lawyer tends to be super expensive. When considered in the context of the often perilous economic position of many Black people, people are easily caught between an unhelpful generic legal aid support and a more ‘dedicated’ lawyer they cannot afford.

Our participants added that the inadequate number of Black lawyers and justices in the province also means that the option of accessing legal professionals who identify with them and are more likely to understand their experiences and concerns is mostly off the table. Thus, Black people involved with the courts must often seek support from legal professionals who may not share their lived experiences nor easily appreciate peculiar circumstances. Thus, there is a heightened possibility of being assumed to be guilty or at least, having important details lost in translation.

“In my humble opinion, this is a socioeconomic problem. If person B cannot pay a fine or citation, then these are the implications: misrepresent themselves in court, lose license for unpaid fines, cannot drive to work, lose job, get warrant for unpaid fines, citation or unpaid support, and end up in jail. Person A who has the resources, hires a lawyer and pays to have this issue eliminated.”

Respondents added that court processes have tended to be economically draining. This may purely be because of red tapeism.

“I experienced constant postponing and wasted trips to the courts only for all charges to eventually be dropped.”

“One young person was in court for, I think, almost two years, after which the charge was withdrawn.”

Sometimes, the nature of one’s economic standing means that accused persons cannot even access the necessary resources to cater for the surety associated with a bail.

“Sometimes the release is not available to our young people because they cannot find the sureties to bail them out, and they end up sitting in court.”

Respondents also shared that they felt court sentences tend to be skewed against Black people.

“I have had white friends get off for things a lot worse than what I was charged with. My sentence was doubled for the same crime as my white friends and they received community services but no jail time."

“Usually Black people get stiffer sentences and experience less leniency by the courts.”

"It seems to be biased based in favor of persons from different races - who even with worse charges get lesser sentences or pleas."

Some participants did not think the justice system was ready to provide justice to Black people at all.

“The Human Rights Tribunal as it functions is a big joke. They are simply not equipped to take and/or act upon reports of racial discrimination and abuse levied towards Black people in BC. At the federal level, it is a game of passing-the-buck, where the conversation is circular and refers people victimized by racial violence back to the provincial level.”

“I spent years in a legal battle with Victoria Police. Human Rights wouldn't even look at my claim. It was facilitated by an organization with a white ex-mayor and law student tasked to give me advice. There was no support from police despite numerous witness complaints. For the civil suit in the end, the judge threw it out. Willful incompetence? And court bias?”

A participant made the critical connection that even where particularly young Black people have been proven innocent eventually, the suspicions, allegations and unkind legal processes could mar their mental and emotional wellbeing.

“When the charge is withdrawn or dismissed, young people can leave being very angry, and I can understand that.”

The said anger when not well managed can easily put young Black people in a dangerous spiral of recidivism that could bring them to the courts frequently. Thus, our participants consistently identified the gap of culturally-appropriate mental health and counseling support for Black people involved with the courts.

Legislation

In terms of legislation, participants bemoaned the absence of Black people in any critical mass in positions of governance, policy making and policy implementation.

“We don't have any Black MLAs here to speak and fight on behalf of the Black community. There are no Black parliamentary representatives from our community. And, to give you an idea, there are no Black school board trustees even.”

Respondents looked forward to laws that explicitly bans and punishes racist acts in adequate and clear ways. Our participants hoped that the impending passage of the provincial Anti-Racism Act could provide this.

Also, participants accept the value of the recently passed Anti-Racism Data Act in BC but only worry about whether the legislation is actually going to improve the wellbeing of BIPOC in the province. This worry, for example, is validated by how other useful tools such as the recent K-12 Anti-Racism Action Plan has seen little momentum on the implementation side.

“The K to 12 anti-racism action plan is sitting on the shelf collecting dust because nobody knows that it even exists. And there are steps and timelines where things were supposed to be implemented.”

Corrections

Apart from the police officers we spoke to, our participants did not typically identify as having professional experience with correctional institutions. Across our participants, only about half of the participants had been or knew a Black person who had been jailed or incarcerated.

“I was held in a maximum security prison with people who had killed and done violent crime. I was held with them in the same maximum security prison for more than two weeks before I could get bail.”

“I've had experiences with the justice system in Canada. 20 years ago, I was charged with a serious crime and my charge ended up in criminal court.”

Overall, those who had some experience with corrections shared negative sentiments. An overarching comment was the outsized proportion of incarcerated persons that are Black.

“Black and Indigenous people are overrepresented in policing and the Justice system, the issue is not access to the justice system. The question is why are we being over policed and brutalized by police.”

“There is a disproportionate number of Black people in jail without the needed help or knowledge and kept for longer periods.”

The quote above also gets to a different challenge about deficits in understanding of legal rights and processes such that some Black people who have been incarcerated may know if they qualify or what to do to qualify for shorter or relaxed prison terms.

Another challenge our participants raised was that there are hardly any Black correctional officers in the province. To worsen matters, correctional officers do not necessarily showcase the needed cultural sensitivity when dealing with Black people who have been incarcerated.

“I think that when you're an immigrant here and you go into incarceration, there's going to be a language barrier, there's going to be a cultural barrier, and there's not going to be anyone there that's going to try and help you with that, unless maybe you're lucky. So I think correctional officers are just going to do their job and show whatever biases they have including assumptions of who may be violent.”

Another participant with experience with law enforcement pointed out that correctional officers also receive training on use of force. While correctional officers are likely to use force on incarcerated people from multiple identities, they are not necessarily prepared for that.

“If you look at all the user force instructors here in BC, there is not one Black use of force instructor in BC.”

Reintegration and re-entry

Our participants believe that a lot more can be done to improve the experience of Black people in terms of reintegration and re-entry post-incarceration. Here too, there was a generally negative sentiment about what currently exists. A challenge that was raised was the financial cost associated with getting expungement for one’s criminal records.

“The judge found me not guilty and I was completely acquitted of the crime. However, the charge remains on my record more than 20 years later, hindering my capacity and capability to apply for certain jobs or be promoted in certain areas. This is something that I find happens to many marginalized communities. I worked for an agency that worked with BIPOC women and domestic violence situations, so we saw a lot of that happening and hindering people's opportunities, future opportunities in terms of work.”

“I have a criminal record for life. I cannot be hired at certain well-paying jobs unless I get my record expunged which costs much more than I can afford as a single mother.”

As the participant suggests above, even where a person has been acquitted, it is expensive to get the records expunged and this feeds into a vicious economic spiral where the person cannot apply for a certain caliber of jobs or get such jobs even where they apply. Thus the record becomes an adverse attribute that forever could keep people from having any meaningful socio-economic advancement.

Respondents also pointed out the typical absence of well-tailored and culturally sensitive support structures for people needing re-integration.

“There is a lack of support such as employment, housing and basic needs. Thus, people become recidivists.”

“If all the barriers are there that they cannot overcome, it means that their situation would not change, they would become recidivists.”

“Sometimes folks may even be found not guilty, but they've been incarcerated for so long that they have lost touch with family and community supports.”

“There is often not someone to guide them in the direction of education opportunities, expungement of records, getting them access to other supports in the community. I can imagine when that person comes out of incarceration or the facility, it's scary.”

“Regarding re-integration, I think that in our community we're lacking the support services to have people reintegrated back to the communities including support places to go to if they are struggling with addictions and substance use.”

Another point raised by participants was how our own communities may stigmatize persons who were formerly incarcerated.

Other related Issues

Victims and survivors of crime

Some participants asserted that even where they are the victims of crime, they are often assumed to be guilty first by the police.

"I was attacked by four White guys but I ended up being the one arrested and the cop threw me to the ground."

"Horrible. My sister was almost killed by her drunk landlord and the police didn't even investigate. The man got off scot free."

"In one instance with police, myself and two other Black men were arrested after being assaulted because we stood out from the rest of the crowd and l, in their own words, were the only ones that they could identify as aggressors and connected."

These experiences suggest a double victimization - one is the actual abuse meted out by a civilian and the other is the abuse by the police. Yet, hardly are there any unique post-incident supports (physical, emotional and mental) for Black people for either form of victimization, not to speak of both forms.

It gets worse when self-defense, especially against racism or domestic abuse incidents, leads to a police charge that then leads to a criminal record but one does not have the resources to correct that record. Here, one’s victimhood is worsened post-incident even if you are cleared and one’s survival is imperiled.

On a positive note, a participant who had been the subject of extremely direct racism indicated that she had police stay outside their home overnight as a preventative measure. This is laudable.

“I have been attacked three times; 2 in a grocery store. I had police sleep outside my house when racist attackers threatened to kill me and my kids and husband. They defaced our car, drew swastika signs on the house swastikas and hangman's noose, even the baby on the car, and wrote "get out and you are not welcome”.”

Immigration consequences for non-citizens convicted of a crime (deportation)

Our participants had mostly not been subjects of deportation cases. However, some expressed the constant fear of deportation and how that limits how they respond to incidents including abuses they suffer. In other words, even where they are in the right, they are careful not to ‘overreact’ for fear that as an immigrant, there is always the potential of being deported based on violent conduct no matter the rationale behind it.

Data collection

Our participants were particularly excited about the recent passage of the BC Anti-Racism Data Act. Before the act, a lot of calls for equity in policy making and implementation were met with ‘you claim inequity, but where is the data to back that’. Now that the Act has been passed, participants are hoping that it will be utilized to collect the necessary data that serve as a foundation for promoting equity in the province.

In terms of data for justice, participants made the following inputs.

"I think data is important. I want to know: How often are Black people detained or questioned or stopped? I know of a lot of situations that do not deserve carding but we get it and it’s really alarming."

"I want to see race based data on police stops, police violence, and incarceration."