Background information

The Canadian justice system has evolved over centuries, yet discrimination and inequality continue to impact Black communities, including a disproportionate number of Black immigrants and non-citizens. Black people have been present in Canada since the 1600s, with many arriving as slaves and indentured servants. They faced segregation, prejudice, and racism embedded in government policies for generations. Today, nearly one-fifth of Black Canadians are immigrants, many from Africa and the Caribbean.

Black prisoners are one of the fastest-growing prison populations. They represent 9.2 per cent of the total incarcerated population, despite representing only about 3.5 per cent of the overall Canadian population. From 2002-2012, Black Federally incarcerated prisoner increased by 80%. With 50% under the age of 30. According to the Correctional Investigator’s report, "Black persons in federal custody are overrepresented in maximum security, segregation (or solitary confinement), and use of force incidents. They also incur a disproportionate number of institutional charges with no legal representative to support them. Black prisoners face disproportionate hardships and discrimination within Canadian corrections institutions. They are overrepresented yet their unique needs often go unmet. Many challenges stem from systemic racism and bias within the system.

According to the 49th Annual Report of the Correctional Investigator, "Nearly one quarter (23.8%) of the incarcerated Black population has an identified security threat group (STG) or gang affiliation. Black persons also reported being labelled or treated like gang members by CSC staff despite not having an official STG affiliation on their file. They indicated that staff referred to them as gang members based on a variety of factors, including the neighbourhood where they grew up, the people they associate with on their range, groups of Black individuals congregating together, the clothes they wear, or the way they interacted with other Black individuals." To be security threat group (STG) labelled is extremely damaging as it makes it difficult to cascade to lower levels of security, gain employment, impacts the level of pay, receive case management supports, and impacts parole. Once a gang label is given to an individual, it is practically impossible to have it removed.

Black prisoners lack access to culturally appropriate programs to aid their rehabilitation and reintegration. Programs are often designed with a Eurocentric perspective that does not consider the backgrounds of Black prisoners. There are also no programs that address security threat group (STG) or gang affiliation.

Black inmates experience harsher discipline, excessive use of force by guards, and higher rates of solitary confinement. Zinger cites evidence of disproportionate treatment of Black prisoners within corrections institutions. While policies exist, Correctional Investigator notes a gap between policy and practice that disadvantages Black prisoners. He has called for reforms to reduce systemic discrimination and ensure Black prisoners receive just and equitable treatment within Canadian corrections institutions. This report will help fill this gap by centering the voices of incarcerated Black men. Their first-hand experiences, which document the discrimination within the system, will provide ideas for solutions. Understanding these lived realities is an essential step toward rectifying injustice.

This report focuses on five key pillars of the criminal justice system and how discrimination manifests within each one. It looks at social determinants of justice, including the social and economic factors that influence criminality. Next, it examines policing, including surveillance, arrests, and use of force. The courts section covers sentencing, bail, and cultural awareness of justice professionals. Corrections detail the treatment of Black prisoners within prisons. Finally, it assesses the parole process, barriers to reintegration, and support programs needed for successful release. The report will identify areas requiring reforms and offer practical recommendations to address these systemic injustices.