Findings

The findings are arranged in order of the five main pillars of the strategy, as well as the three related issues included in the framework.

A. The social determinants of justice

Across all focus groups, participants expressed approval for the recommendations related to the social determinants of justice. There was widespread acknowledgment across varied intersecting identities (gender, ethnicity, religion, etc.), and life conditions (incarcerated people, professionals) that the likelihood of offending and victimization were largely an unfortunate consequence of inequities within social institutions. Several participants viewed the recommendations as interconnected in their ability to determine the life trajectories of Black people.

In discussions regarding assisting newcomer Black immigrants, participants who arrived in Canada as refugees emphasized the need to incorporate trauma-informed care for Black people who have experienced war and civil unrest in their home countries. This contingent asserted that successful admission into Canada does not alleviate distressing memories of conflicts experienced back home. A community leader who immigrated to Canada as a refugee shared that he had only learned of trauma- informed care while undertaking his master’s degree. Before that point, he had neither the knowledge nor the capacity to reckon with the trauma of losing loved ones to civil unrest. He, like many others, established a direct link between a Black individual’s psychosocial well-being and involvement in the criminal justice system, asserting that the likelihood of offending is linked to unresolved trauma.

Also, in approximately 90% of our focus groups, participants emphasized the need to improve economic opportunities for Black communities as a preventative measure against criminal activity. Economic empowerment was widely viewed as a necessary measure to uplift all Black communities regardless of immigrant background. Several individuals highlighted that creating access to gainful employment would reduce the likelihood of individuals resorting to obscure means of income, subsequently reducing the possibility of offending. While some individuals spoke to the point generally, others offered specific examples of economic barriers faced by Black communities. The continued existence of race-based pay gaps was mentioned. Another popular issue, particularly amongst first and second-generation immigrants was de-skilling due to difficulties getting credentials earned before moving to Canada. For such persons, notably non-economic immigrants, having foreign education, skills, and experience recognized, represented a significant economic undertaking which further derailed their adjustment to the Canadian social system.

Regarding addressing racial disparities in education, community leaders, Black youth and Elders stressed the crucial role of education in determining the life paths of Black youth. However, several recalled personal and observed accounts of the inequities in the treatment of Black students, such as racial discrimination and a stark absence of Black role models in teaching and administrative roles. Incarcerated individuals offered poignant insights on this topic, often linking their current predicament to unfavorable experiences during their K-12 schooling. One individual shared an experience of being taunted by white students with racial slurs, slurs that went unpunished by school authorities. Yet when he responded to these incidents, he faced sanctions. Such experiences left him feeling unsupported and isolated. Consequently, addressing this issue required an intentional commitment to develop and uphold protocols and sanctions to tackle incidents of anti-Black racism.

“The education system is failing black youth participating boys. So many suspensions and severe punishments for minor issues. This is racially biased. There also needs to be better neighborhood investments in places where black people live. We also need to recognize the needs of newcomers, especially refugees who have language challenges and don’t understand their rights.”

B. Policing

“Societal recognition of Blackness is the antithesis of whiteness. Police and related institutions across the country should really seek to understand this statement in anything and everything they do. From operational decision making, funding decisions, approaching citizens, and day-to- day policing activities. A broader understanding of people as a whole would be very helpful.”

Our participants resonated strongly with the recommendation of creating clear standards and consequences for racist behavior by police officers. Black youth, victims of crime and incarcerated individuals recounted past experiences where they felt mistreated by police officers. Participants also suggested incorporating de-escalation techniques and practices into policing training. This would include a thorough review of incidents to better determine whether police presence is indeed required. Participants widely acknowledged a trust deficit between police and the Black community. To bridge this gap, some individuals suggested developing community-level relationships between police and Black communities. Such an endeavor would entail inviting police officers to cultural events and sanctioning neighborhood policing teams who can develop a deep understanding of and familiarity with Black communities.

Participants expressed contrasting views on the topic of increasing the representation of Black police officers. For some, this was a clear priority, as it could add the cultural competence and sensitivity needed to engage with diverse Black communities. For others, however, merely increasing the proportion of Black officers without large-scale reforms to the practice of policing would further damage relations between police officers and Black communities.

“Training and increasing diversity aren’t going to make a major difference because the police system is a racist institution so there needs to be a major structural change to how police operate.

We must start with having serious checks and balances, so they don’t abuse their power. There needs to be funding for cultural organizations that support the black community in dealing with the police, especially organizations that support victims. Anti-racism training needs to be part of all police training and not just a separate module. It must be embedded within all aspects of police training.”

C. Courts

Extensive discussions regarding the courts highlighted a recurring theme: the perceived hostility of the legal system towards Black individuals, encompassing offenders, victims, families, and community members. A significant portion of the sessions revolved around the link between poor social determinants of justice and interactions with the law. Every focus group underscored the importance of the Impact of Race and Culture Assessments (IRCA) as a crucial tool to aid judges and justice professionals in comprehending how anti-Black racism and systemic discrimination shape the presence of Black individuals in court.

A consensus was reached regarding the existence of a prevalent anti-Black racial bias within the legal system. While there is uncertainty about whether increased anti-racism education can entirely rectify this issue, it is widely regarded as a positive step forward. Beyond education, enhancing representation within the legal system, encompassing judges, lawyers, and parole officers, and ensuring a diverse jury pool were seen as effective measures to combat anti-Black racism within the system.

Regarding sentencing, offenders disclosed that they sometimes feel compelled to accept plea deals and confess to guilt, even when they are innocent, out of fear of facing more severe sentences. They encounter pressure from prosecutors, encounter difficulties in securing competent legal representation, and the potential for biases from jurors. Furthermore, offenders noted the challenges of qualifying for legal aid and the possibility of being assigned attorneys who encourage them to plead guilty. They also perceive that they receive harsher sentences compared to other groups, with conditional sentences being a rare occurrence for them.

“IRCA needs to be mandatory for all cases involving black people. It must be well funded and we need to increase the availability of the reports across the province especially rural communities that don’t get the support. We need more balcony people who understand the experiences of Black people.”

D. Corrections

As part of our consultations, we spoke to incarcerated Black men, a majority of whom were refugees of East-African descent. A Our conversations with this group mostly revolved around the lack of institutional care. This occurrence aligned with observations made by lawyers that refugees of African descent made up a sizable proportion of the Black inmate population in Alberta. The overrepresentation of refugees of African descent insights were not shared as a critique of the Strategy, yet they illuminated an important area of concern not sufficiently covered by the current recommendations. Common amongst these complaints was a shortage of Black cultural programming aimed at fostering positive self-esteem and camaraderie among Black inmates. Where such programming had existed previously, prison authorities had ended it abruptly and not provided sufficient explanation for its termination. Such occurrences had led several Black inmates to suggest that racial stereotypes of the dangers of congregation amongst Black men influenced the authorities’ decision to terminate the programs, even though Black inmates had not caused any trouble: As noted by one inmate, “You know, they see Black people gathering together and they think it’s a gang, or we’re selling drugs.”

Thus, inmates unanimously called for the creation/reinstatement of cultural programming geared towards teaching Black African/Caribbean history, developing literacy on financial planning, and celebrating Black heritage. Such programs were considered beneficial as they helped instill a sense of self-worth, an important enabler of rehabilitation.

Further demonstrating the lack of institutional care, Black Muslim inmates complained that prison administrators failed to adhere to protocols deemed compulsory for Muslim men. For instance, several inmates shared that authorities had prevented them from gathering to observe the Friday prayer, an obligatory prayer for every adult male Muslim. Current prison protocol permits observance of the Friday on the condition that an imam be present to lead it. Without an imam, however, inmates stated that they were unable to observe the prayer. Several inmates perceived this protocol as unfair, contrasting it with inmates of other faiths, for example, Christians, who could attend the prison chapel without supervision. Again, Black Muslim inmates felt that stereotypes of the dangers of Black male gatherings had invited an undue level of scrutiny, which prevented them from practicing their faith, an asset that they heavily relied on to cope with imprisonment.

Some inmates also reported having difficulties navigating the complexities of the legal system while trying to advocate for themselves in their respective cases. Specific details around qualifying for parole, accessing legal aid, and attaining a lawyer were vague. This situation created a suspicion among some that they were being set up to fail. They also shared their experiences of violence and encounters with anti-Black racism from both parole and correctional officers.

Parole officers identified as a pressing issue the lack of Black individuals working within the criminal justice system, particularly professions which directly engage with, or advocate for offenders. In explaining the reasons for this occurrence, some participants stressed individual-level factors, such as a lack of awareness and trust within Black communities of professions like parole officers. Some also highlighted a chronic lack of trust within Black communities for criminal justice-oriented work, a by-product of the legacy of discriminatory treatment. The solution, some argued, was to cultivate targeted recruitment and awareness campaigns aimed specifically at educating Black communities on professions such as parole officer and the like. Several individuals advised that concerted efforts be made to increase both the visibility and attractiveness of criminal justice careers, including the role of parole officers, within Black communities. This request was also echoed by inmates.

“The correction system is so violent towards Black inmates. We are seen as violent people even if the crime was minor. There is little checks on what takes place. These people are isolated and have no support inside the system. There needs to be better training for officers who hold anti- Black sentiments. Inmate also needs to have access to culturally responsive programming and services. There aren’t cultural programs and support for them. They also need to have access to training and educational opportunities to support their integration. We must also consider their safety, and community connections when we are doing involuntary transfers.”

E. Reintegration and re-entry

There was broad appreciation for the recommendations aimed at improving the community reintegration of Black offenders. Reintegration was largely discussed in relation to the availability (or lack thereof) of economic opportunities and stable housing arrangements available to offenders after serving time. Incarcerated men were the most vocal about this topic, as several lamented about the difficulties of attaining a job after their release. For such persons, securing employment as a Black male was already an arduous experience. Several individuals recounted experiences of being overlooked for jobs, to the extent that some individuals considered adopting anglicized names or changing their physical appearance. Thus, there was a consensus amongst inmates that navigating racial bias while job searching was already challenging. Doing so with a criminal record, however, made it nearly impossible to find work and earn a living after completing their prison terms. Despite this challenge, offenders emphasized the importance of gaining formal and vocational education while serving time, to give themselves the best chance of becoming economically self-sufficient and avoiding recidivism.

Additionally, participants stressed the importance of improving the release plans for inmates, with specific attention being directed to creating stable housing arrangements and improving access to mental health services – both of which are points included in the strategy. Paying lip service to this component, several argued, would only encourage reoffending. Community leaders expressed a fondness for the recommendation of having community organizations review community reintegration programs.

“Sometimes it feels people are left out of the system and set up to fail. There isn’t much support available to people. They are shunned from society. They need mental health support and access to skills training programs [...]. Mental health is still a taboo in the community and funding needs to go to community programs that offer culturally relevant and responsive mental health services.”

F. Victims and survivors of crime

We spoke to Black Muslim women who had recently experienced hate-motivated violence in the form of physical attacks within the last few years. These incidents were difficult to recount, as the threat of being Black, female and visibly Muslim brought with it harrowing consequences. However, an equally distressing revelation was the women’s reported dissatisfaction with law enforcement when they reported the incident. They described feeling greatly unsupported by police, to the extent that they were treated as suspects rather than victims of a hate crime. For one woman who was attacked in the presence of her mother, the unsatisfactory manner in which police handled her report had generated a lack of trust in law enforcement. It also engendered a fear of reporting crimes. Victims also emphasized the anxiety of facing a judge or lawyers who, at times, did not believe or trust their accounts, leading to re-traumatization. Moreover, there was a lack of support and protection for those who came forward.

Our participants also suggested the adoption of victim-centered alternative dispute resolution processes to resolve family or community-oriented disputes. On their account, not every issue requires police intervention, and in some cases, the presence of law enforcement could escalate tensions in ways that alternative resolutions may not. Additionally, they stressed the importance of providing culturally responsive healing support, as well as follow-up or referrals after police interactions. Newcomers, facing language barriers and feeling overwhelmed by the system, were highlighted as requiring specific attention.

“Supporting victims starts at the moment of contact with police. As someone who had a go to the police for a crime, I was discouraged by the level of indifference they have shown me. They made me feel like a criminal instead of the victim in need of their help. I am not if I was a White woman, I would get such inhumane treatment.”

G. Immigration

Immigration was a consistent theme throughout our consultations, an unsurprising occurrence given that most participants were a combination of 1st or 2nd generation immigrants. A subset of justice professionals and lawyers suggested amplifying efforts to educate Black immigrants on the criminal justice implications associated with transitioning from permanent residency to citizenship status. Specifically, two participants recounted past experiences working with Black offenders who were long- term residents in Canada but had never applied for citizenship, thus making them susceptible to deportation for a criminal offence. While a few individuals articulated such situations as personal failings of the individuals and their families, several others perceived it as structural failing, indicative of a lack of education about the benefits of citizenship. Furthermore, lawyers suggested advocating for offenders to regain their permanent residency status after serving their sentence. The point here is that deporting offenders after they have served their times contradicts the ethos of restorative justice.

2SLGBTQ+ asylum seekers spoke passionately about the struggles of adjusting to life in Canada while waiting on approval of their asylum status from the Canadian authorities. The inability to work, combined with inadequate levels of assistance with housing and personal upkeep, created a deep sense of vulnerability amongst this group. Additionally, several individuals shared chilling stories of victimization during their relatively short stays in Canada, for example, being solicited for sexual favors. In virtually all cases, they reported feeling short-served and powerless to alter their circumstances. Much like the Black Muslim women victims discussed earlier, some 2SLGBTQ+ refugees felt that police did not take them seriously when discriminatory incidents were reported, an occurrence they attributed to the liminal legal position they occupied in Canada as asylum seekers. To rectify such issues, our participants suggested providing avenues for social and economic empowerment for asylum seekers. This includes granting the right to seek employment while awaiting a decision on their case, or asylum seekers. Participants also recommended enhancing the financial capacity of associations who assist asylum seekers.

H. Data collection

“A problem you cannot measure is a problem you cannot solve.”

Several individuals noted that tracking disparities within select institutions and conducting comparative analysis across them could provide a detailed depiction of disparities affecting the well-being of Black communities within the province.

Community leaders insisted that the commitment to gathering race-based data must exceed the exercise of acquiring information. Data collected must be acted upon. In other words, the collection process must be inherently action oriented. It must be accompanied by a detailed plan outlining how insights gleaned from the data will directly inform policy and practice. Collecting the data must not be an end, but a means to an end. This goal must be communicated in a manner that ensures accountability from the government, or entities acting on its behalf. The commitment to accountability should also be evident through transparent sharing of the data collection’s purpose, intention, and eventual application. It can also include facilitating easy access to reports, factsheets, or any materials that are based on the collected data, explaining data storage and protection measures, and outlining the initiatives expected to emerge from these insights. Ensuring accountability emerged as a top priority for several individuals, as most had admitted to experiencing fatigue from participating in research efforts that seemingly lacked the measures noted above. For many, data collection had become a fruitless endeavor, an act that seemed laudable but lacked tangible impact on the lives of Black people. As one participant, a parole officer with over 20 years of experience, noted, “we must ensure that the rubber meets the road”. Additionally, some participants mentioned difficulties navigating the diversity within the “Black” racial category, expressing that identifying with a racial category might overlook nuances and disparities within Black communities. Yet this concern was not articulated to oppose the collection of race-based data. Rather, participants offered it as an important thought point to consider in the practice of race-based data collection. The overriding feeling amongst participants was that, at minimum, collecting race-based data was a foundational first step upon which further analysis of intra-group variation could be conducted.