Conclusion

The overall findings from the consultations with respect to the experience of members of Black communities were consistent with findings cited in the Canada’s Black Justice Strategy Framework. The overwhelming feeling was that participants consistently experienced various forms of discrimination and marginalization in Canada’s justice system. While socio- economic and race were identified as factors that increase the interactions members of Black communities had 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 the experience of members of Black communities extremely difficult. The overall feeling, they expressed illustrated that anti-Black racism exists in unconscious and conscious biases by individuals and institutions in healthcare, housing, education, employment, justice, and policing. This suggested social determinants of justice are inextricably linked to and create the vicious cycle that prevent members of Black communities from fully participating as citizens in the Canadian society.

With respect to interaction with police, the overwhelming feeling that participants expressed was consistent with the negative view of the police expressed by the general Black population. Interactions with the police were characterized as oppressive and marginalizing. The way police often used their power to discriminate and abuse members of Black communities instead of protecting them as Canadians or residents was also highlighted. While building relations with police was viewed as important, the perspectives participants shared pointed to “trust deficit” due to the excessive use of power that violates individuals' Charter of Rights and Freedoms. Participants viewed efforts to improve relations between police and members of Black communities as superficial and with suspicion.

The overall experience in courts was described as unpleasant and frustrating. Participants felt that the institution and the judges and lawyers that occupy it consistently treated them unfairly and didn’t consider their interest in court proceedings. They also noted that the court process used tougher approaches and discrepancy in bail hearings and sentencing between different races and members of Black communities received harsher sentences compared to other races who commit harsher crimes.

The experience in the corrections was also described as unpleasant with daily experiences of discrimination, stereotyping, and racial bias. Corrections officials overreached their authority and instead of supporting inmates to gain skills that would help them post-incarceration, they taunt and abuse them. This and other challenges, such as stigma of being labeled as an offender, cultural barriers, and trauma associated make community reintegration difficult.

With respect to victims of crime, there is a huge gap in services and resources for emotional support in Black communities. In the absence of these supports, members of Black communities rely on their cultural wealth and faith to heal from the traumatic experiences. Participants expressed concerns around deportation of non-citizens convicted of crime and the lack of awareness on rights and responsibilities among immigrants. Particularly, there was a strong reaction towards deportation of young people who have lived most of their life in Canada to their countries of origin where they could be facing harm.

While participants agreed with the suggested collection of race-based data, they didn’t offer suggestions as to how such data can be collected and used. However, they shared concerns around the lack of representation and inclusion of Black communities in conversations around data, why data needs to be collected and how it will be used. They mentioned data collected from Black communities hardly gets reported back to communities and often fails to bring about positive results. There was also a concern shared about homogenization of Black communities and their experience and a call for sustained investment to better understand the diverse needs and challenges and design culturally responsive interventions.

Finally, approaches to data collection and data use had historically been used to marginalize Black communities. There is a need for deeper engagement with Black communities to understand their perspectives on how data can be collected and used. As part of this engagement, it is important to take a critical look at the current practices and develop inclusive and culturally responsive approaches to data collection and use with and for Black communities.