Executive summary

The overall findings from the consultations highlighted the extent and magnitude of the various forms of discrimination and marginalization members of Black communities experienced in their interaction with Canada’s justice system. While socio-economic and race were identified as factors that increased their interactions with the justice system, being Black appeared to be the overriding factor.

The interconnectedness of the various systems, such as policing, corrections, courts, and how anti-Black racism permeated in policies and practices of these systems particularly made their experience extremely difficult. Anti-Black racism manifested in unconscious and conscious biases of individuals and institutions in healthcare, housing, education, employment, justice, and policing. These experiences were inextricably linked to and contributed to the vicious cycle that prevented members of Black communities from participating as active citizens in the Canadian society.

The overwhelming feeling expressed by participants with respect to the view of the police was consistent with the negative view of the police expressed by the general Black population. While building relations with police is important, the perspectives participants shared pointed to “trust deficit” due to the excessive use of power police applied that violates individuals' Charter of Rights and Freedoms. Efforts to improve relations between police and members of Black communities were viewed with suspicion.

Participants found their experience in courts to be unpleasant and frustrating. The institution, judges, and lawyers treated them unfairly and often failed to consider their interest in court proceedings. Participants felt that the courts used a tougher approach in bail hearings and sentencing and saw bail discrepancy between different races. Members of Black communities received harsher sentences compared to other races who commit harsher crimes. Further, the experience in corrections was viewed as unpleasant with daily experiences of discrimination, stereotyping, and racial bias. Participants highlighted corrections officials’ overreach of their authority and abuse, and the lack of support for inmates to gain skills that would help them with community reintegration post-incarceration.

Participants pointed out lack of support, services, and resources for emotional support for victims of crime. In the absence of these supports, members of Black communities rely on their cultural wealth and faith to heal from the traumatic experiences. With respect to immigration issues, participants expressed concerns around the consequences for non-citizens who are convicted of crime and immigrants' lack of awareness about their rights and responsibilities in relation to deportation.

With respect to race-based data and how data can be collected and used, deeper engagement is needed to hear the perspectives of Black communities. However, participants shared concerns about the lack of representation and inclusion of Black communities in conversations around why data is collected and for what purpose. They also expressed concern about data collected from Black communities that is hardly reported back and often fails to bring about positive results.

Participants called attention to approaches to data collection and data usage that have been used to marginalize Black communities and called for deeper engagement with Black communities. They also called for a critical look at the current data collection practices and to develop inclusive and culturally responsive data collection approaches with and for Black communities. Participants also put forward a set of recommendations:

Social determinants of justice

Policing

Courts

Community reintegration

Victims of crime

Immigration issues