Findings

The information presented here represents the feedback received during one-on-one interviews and through online surveys.

The following findings were gathered through this consultation process:

1. Social determinants of justice

Participants highlight that mental health, drug addiction, and poverty are driving issues within the system of Black justice. Recommendations and their implementation are a good thing but only if adequate resources and funding are given to ascertain the desired outcomes. Politicians are reactive and whatever the hot button issues of the day are, actually get attention – attention needs to be constant, daily, and given to the needs identified in findings and subsequently made in recommendations. Social determinants are something stemming from centuries of neglect and/or guilt from doing nothing and therefore needs to be a long-term plan.

2. Policing

The consultations yielded a common theme, that policing requires a broad-based representation of minority groups and the absence of broad-based representation is an injustice to minority groups.

Black people continue to find themselves questioned by police in roadside stops without being given any reason for the stop and questioning. Driving “while black” does not constitute breaking the law and pulls into question even the Canadian Charter of Rights and Freedoms.

3. Courts and legislation

Diversity is lacking within courts and legislation. The court system and legislation(s) need a broad-based representation of minority groups. Also, everyone involved in the courts and amongst the legislation regime should have anti-racism training that educates them about minority groups in order to eradicate racism. People must become aware and judges need to actually be socially sensitive.

Legal Aid is underfunded and subsequently the level of services provided are poor, therefore, representation when needed is compromised. Lawyers in Legal Aid need parity and they need adequately funded departments.

Also, add “Black Offenders” to section 718.2(e) of the Criminal Code regarding sentencing principles, in recognition of the over incarceration and system racism of Black persons.

4. Corrections

Corrections is also lacking in diversity, it needs a broad-based representation of minorities. Without this representation, the system cannot be fair when it comes to minorities. More education and anti-racism training is required for workers in this system in order for minorities to be treated fairly, and training needs to be ongoing.

5. Reintegration and re-entry

Participants were asked to provide feedback on the following recommendations to eliminate racial bias from integration decisions and improve the supports available to Black inmates being released into the community:

These recommendations were well received provided they are implemented through legislation and institutional policy changes. While the recommendations are a good starting point, it needs more such as restorative justice programs. Again, diversity of employees and anti-Black racism training is needed for corrections staff, same as justice and police staff.

6. Victims and survivors of crime

Diversity. There needs to be more diversity and increased members of victim service workers to ensure that Black victims, or witnesses of a crime are treated fairly by the criminal justice systems.

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

Participants responded to the recommendations made regarding Black people facing possible removal from Canada for being non-citizens convicted of offences:

Responses were in support of these recommendations. With the number of Black people facing immigration consequence in criminal law especially with work and schooling provisions, it will increase likelihood of the person remaining in a stable location and more likely attend proceedings, etc.

8. Data collection

Courts, police, corrections, etc. need to record, track and publish race-based disaggregated demographic data. This data should be collected by third party agencies through police databases. This will remove any attempts to control perceptions or public relations in favour of policing.

Data should be reviewed by the Black community, with organizations that specialize in and have the data storage capacity for collection. It should be in collaboration and through agreed terms shared with the justice system in conjunction with the federal Open Government initiative.