Appendix A

Key Existing Recommendations

Many studies and reports have made recommendations on how to address the overrepresentation of Black people in the criminal justice system, and on what legislative and socioeconomic reforms are required to ensure the equal protection of the law. Some of the key areas of those recommendations are set out below.

Social Determinants of Justice

  1. Address racial disparities in education:
    • Implement anti-racism education, training, and curricula to challenge stereotypes and promote understanding.
    • Increase representation of Black educators and staff in schools.
    • Collect disaggregated race-based data in education services to identify trends and disparities.
    • Monitor and evaluate the effectiveness of programs and interventions aimed at improving Black students’ educational outcomes.
  2. Improve access to economic opportunities:
    • Develop targeted employment and entrepreneurship programs for Black communities to reduce socioeconomic disparities.
    • Address barriers to employment and career advancement for Black individuals, such as discrimination in hiring practices.
    • Encourage diversity and inclusion initiatives in the workplace.
    • Provide financial support and resources for Black-owned businesses and social enterprises.
  3. Enhance access to mental health services:
    • Increase funding and support for culturally sensitive mental health services tailored to the needs of Black communities.
    • Encourage collaboration between mental health service providers and Black community organizations.
  4. Strengthen community-based support and social services:
    • Invest in community-based programs that address the root causes of crime, such as poverty, housing, and education.
    • Support youth development programs that build leadership skills and resilience among Black youth.
    • Fund community initiatives that promote social cohesion and address community-specific challenges.
  5. Address systemic racism in child welfare services:
    • Implement anti-racism training and education for child welfare staff and service providers.
    • Apply a racial equity lens to child welfare policies and practices.
    • Regularly review and revise child welfare policies to ensure they are equitable and do not disproportionately impact Black families.
    • Collaborate with Black community organizations to develop and deliver culturally appropriate child welfare services.
    • Collect disaggregated race-based data in child welfare services to identify trends and disparities.
    • Monitor and evaluate the effectiveness of programs and interventions aimed at reducing the over-representation of Black children in child welfare services.
    • Prioritize family preservation and reunification by providing support and resources to help Black families stay together whenever possible.
  6. Address the needs of Black immigrants and newcomers:
    • Develop tailored settlement and integration programs that specifically address the unique challenges faced by Black immigrants and newcomers.
    • Provide language and job training services that are culturally sensitive and responsive to the needs of Black communities.
    • Enhance access to legal and social services for Black immigrants and newcomers to help them navigate the Canadian legal system.

Policing

  1. Enhance data collection and transparency:
    • Collect disaggregated race-based data on police interactions to identify trends and target improvements.
    • Make data on police stops, searches, arrests, charges, use of force, and other police interactions publicly available.
  2. Increase funding to keep individuals out of the criminal justice system through prevention and diversion programs:
    • Develop and expand crisis intervention teams that include mental health professionals to respond to mental health-related calls.
    • Reallocate police funding to invest in community-based violence prevention programs, such as youth mentoring and restorative justice initiatives.
  3. Increase diversity and cultural competence in police forces:
    • Encourage the recruitment of officers from diverse backgrounds and professional experiences to better represent the communities they serve.
    • Offer scholarships and incentives for underrepresented individuals to pursue careers in law enforcement.
    • Establish mentorship programs to support the professional development and retention of diverse officers.
  4. Enhance training and education:
    • Integrate anti-racism and cultural competency training into the police curriculum.
    • Provide ongoing professional development opportunities for officers to deepen their understanding of systemic racism and cultural competence.
    • Ensure minimum standard of competency for trainees.
  5. Enhance community-based policing models:
    • Establish neighborhood policing teams that build relationships with residents and local organizations.
    • Create opportunities for community members to participate in advisory boards or forums that inform policing policies and practices.
  6. Strengthen accountability and oversight mechanisms:
    • Ensure that civilian oversight bodies have the power to conduct independent investigations and recommend disciplinary action.
    • Create a national database of police misconduct to prevent officers with a history of racist behavior from being rehired by other departments.
    • Implement clear standards and consequences for racist behavior by police officers.

Courts

  1. Collect and analyze race-based data in criminal courts:
    • Systematically collect, analyze and publish race-based data to identify and address racial disparities in the courts.
  2. Increase diversity within the judiciary:
    • Implement strategies to increase the representation of Black lawyers, judges, and court staff.
  3. Enhance legal representation for Black individuals:
    • Increase funding for legal aid services to ensure equitable access to legal representation for Black communities.
  4. Improve cultural competence and awareness among lawyers, judges, and court staff:
    • Provide mandatory anti-racism and cultural sensitivity training for judges, lawyers, and court staff, with a focus on understanding the unique experiences and challenges faced by Black individuals.
  5. Implement restorative justice programs and alternatives to incarceration:
    • Expand the use of restorative justice programs for Black offenders, which focus on healing and reintegration rather than punishment.
  6. Expand the application of the Youth Criminal Justice Act (YCJA) to youth aged 12-24.
  7. Repeal all mandatory minimums for all controlled substances and weapons offences.
  8. Add “Black offenders” to section 718.2(e) of the Criminal Code regarding sentencing principles, in recognition of the over-incarceration and systemic racism of Black persons.
  9. Enhance availability of Impact of Race and Culture Assessments (IRCAs) in court proceedings:
    • Expand the use of race and culture assessments for Black individuals to help judges and legal professionals better understand the impact of systemic racism on the accused's life, and to inform sentencing and other decisions.

Corrections

  1. Collect and analyze race-based correctional data:
    • Publish annual reports on race-based data, including patterns of incarceration, use of force, and access to programming.
    • Use data analysis to inform the development of targeted interventions and policies to address racial disparities in the correctional system.
  2. Address racial bias in security classification:
    • Review and revise security classification procedures to ensure they are free from racial bias and do not disproportionately affect Black prisoners.
    • Develop guidelines that address potential racial bias in the assessment of risk factors.
    • Provide training for staff involved in the classification process to recognize and mitigate the impact of unconscious bias.
  3. Re-evaluate gang labeling practices:
    • Implement transparent and fair criteria for gang labeling and provide an accessible process for prisoners to challenge gang labels.
    • Regularly review gang affiliation criteria to ensure their accuracy and prevent over-labeling.
    • Establish an independent review process to evaluate the accuracy and fairness of gang labeling decisions.
  4. Examine involuntary transfer policies:
    • Ensure that involuntary transfer decisions are based on objective criteria and not influenced by racial bias.
    • Implement regular reviews of transfer decisions to ensure compliance with guidelines and to identify potential issues of bias.
  5. Improve access to programming for Black prisoners:
    • Prioritize equitable access to education, vocational training, and other programming for Black prisoners to support successful reintegration into the community.
    • Allocate resources to support the development and implementation of culturally appropriate programs.
    • Establish partnerships with community organizations that can offer specialized services and support to Black prisoners.
  6. Address racial disparities in institutional discipline:
    • Regularly review disciplinary practices to identify and address any racial disparities or bias in the treatment of Black prisoners.
    • Implement regular audits of disciplinary actions to identify potential patterns of racial bias.
    • Provide training for staff on the impact of racial bias in disciplinary decision-making and strategies to mitigate its influence.
  7. Limit the use of segregation for Black prisoners:
    • Develop alternatives to segregation and ensure that decisions regarding its use for Black prisoners are free from racial bias.
    • Implement regular reviews of segregation decisions to identify potential patterns of racial bias.
    • Provide training for staff on the impact of racial bias in segregation decision-making and strategies to mitigate its influence.
  8. Improve the complaints process for Black prisoners including grievances regarding the use of Structured Intervention Units in federal institutions:
    • Establish a transparent and accessible complaint process, with appropriate oversight, to ensure that the concerns of Black prisoners are addressed fairly.
    • Implement regular reviews of segregation decisions to identify potential patterns of racial bias.
    • Provide training for staff on the impact of racial bias in segregation decision-making and strategies to mitigate its influence.
  9. Address racial bias in the use of force:
    • Review and revise use-of-force policies and training to ensure that correctional staff interactions with Black prisoners are free from racial bias.
    • Provide ongoing training for correctional staff on de-escalation techniques and alternative methods to the use of force.
    • Implement regular audits of use-of-force incidents to identify potential patterns of racial bias.
  10. Promote equitable access to temporary absences and parole for Black prisoners:
    • Ensure that decisions regarding temporary absences and parole are based on objective criteria and not influenced by racial bias.

Community Reintegration

  1. Monitor and evaluate reintegration outcomes:
    • Collect, analyze, and publish data on reintegration outcomes for Black individuals to inform the development of targeted interventions and policies that promote successful reintegration.
  2. Enhance culturally appropriate programming and supports:
    • Develop and implement culturally appropriate reintegration programs tailored to the specific needs and experiences of Black people.
  3. Strengthen community partnerships:
    • Establish partnerships with community-based organizations that have expertise in addressing the unique challenges faced by Black individuals during reintegration.
  4. Improve access to education and employment opportunities:
    • Prioritize access to education and vocational training programs for Black people, both within correctional institutions and upon release, to increase their employability and facilitate successful reintegration.
  5. Provide comprehensive mental health support:
    • Ensure access to mental health services tailored to the specific needs and experiences of Black individuals, both during incarceration and upon release.
  6. Facilitate stable housing:
    • Collaborate with community-based organizations and housing providers to secure safe and stable housing options for Black individuals upon release.
  7. Strengthen family connections and support networks:
    • Promote and facilitate family visitation and communication during incarceration, and provide resources and support to help Black individuals reconnect with their families and communities upon release.
  8. Implement mentorship programs:
    • Develop mentorship programs that connect Black individuals with successful community members who can provide guidance and support during the reintegration process.