Appendix C: Consultative Framework

In working with community partners, it is imperative that consultations are accessible to as many people as possible, and that we are hearing from a representative cross-section of the big and diverse Black population in this country. To that end, the following are important:

Proposed groups to consult are:

Information for Participants

Thank you for participating in this consultative session. Your input will be used to help develop Canada’s Black Justice Strategy. This is a community-led process that will provide the government with recommendations to reduce the involvement of Black people in the criminal justice system and eliminate anti-Black racism and discrimination in Canadian policing, courts and correctional systems.

Your ideas and suggestions will be provided to Canada’s Black Justice Strategy Steering Group, a collection of Black people from across Canada who have experience working in or with the criminal justice system. The Steering Group will produce a report to the Minister of Justice, anticipated to be made public in the spring of 2024, that will include a summary of the ideas and suggestions received, and will provide recommendations. Your name and identifying information will be kept confidential and will not appear in the report.

We will begin by gathering background information that will be kept confidential, but is important for the Steering Group to have in order to understand the circumstances of Black people in Canada. While it is voluntary for you to provide this information, our communities are very diverse, and we want to make sure that that diversity is reflected in the report.

Can you please provide the following:

Your involvement with the criminal justice system

Can you tell us about your experiences, and/or the experiences of your family members or friends?

Having had, or learned of, those experiences, what is your opinion of the justice system as it relates to Black people?

Themes/Pillars

The consultation questions align with the Pillars of Canada’s Black Justice Strategy. These are:

The social determinants of justice

Question 1: Many things have impacted a person’s life by the time they interact with the criminal justice system. We know that while there are many successful Black people in Canada, African-Canadians as a whole are disadvantaged in comparison to most other Canadians when it comes to things such as income, health status including mental health, and educational outcomes and opportunities. Previous reports and studies have identified a number of social factors that increase the interactions Black people have with the justice system.

For yourself, or a loved one who has experienced conflict with the law, what factors do you think contributed to bringing you into contact with police and/or before the courts?

Question 2: There have been a number of recommendations made to address these social factors in order to reduce the involvement of Black people in the criminal justice system. These recommendations include (Note to facilitator, please refer to Appendix A of the Framework for more specific recommendations to address the social determinants of justice):

Do you think these recommendations will help to reduce the involvement of Black people in the justice system?

If so, what are your ideas as to how they should be put into action?

Do you have any other recommendations to make?

Policing

Question 1: Studies and research show that Black people are more likely to be stopped by police and are more likely to have a negative view of police. Evidence also suggests that Black people are more likely to be victims of violence by police.

What interactions have you and/or your loved ones had with police?

What have those interactions been like?

Question 2: Many recommendations have been made for changes to policing that would reduce or eliminate anti-Black bias. Some of these include:

Do you think these recommendations will help to reduce negative interactions between Black people and police?

If so, what are your ideas as to how they should be put into action?

Do you have any other recommendations to make regarding Black people and policing?

Courts

Question 1: We have evidence that Black people often have negative experiences in the criminal courts. Black people accused of crimes go to court for bail hearings, to plead guilty or to have a trial, and to be sentenced if they are found guilty or admit their guilt. Black people may also come to court as witnesses in a trial, as supporters of an accused person, or as victims of crime. Studies show that Black people are more likely than others to be denied judicial interim release (bail) and to receive harsher sentences. Black justice professionals work in the courts every day, and may experience anti-Black racism while doing their jobs.

What experiences have you had in the courts?

Question 2: Have you, or someone you know, received a criminal sentence from the courts?

Do you have professional experience with sentencing?

If yes to either of the above, do you have any concerns about anti-Black bias in sentencing while plea bargaining or in the sentence/s that the judge gave?

Question 3: Recommendations have been made to reduce incarceration of Black people by removing anti-Black racism from the sentencing process and increasing representation of Black people among justice system professionals. Some of these recommendations include:

Sentencing

Justice professionals

Do you think these recommendations will help to reduce the over-incarceration of Black people?

If so, what are your ideas as to how they should be put into action?

Do you have any other recommendations to make regarding Black people and the courts?

Corrections

Question 1: Studies show that Black people are one of the fastest-growing groups among people incarcerated in penitentiaries, and are overrepresented in provincial jails as well. The evidence shows that Black inmates are more likely to receive negative treatment and be classified at higher risk levels.

Have you or a loved one served a sentence in a federal or provincial correctional institution?

Do you have professional experience with correctional institutions?

What was your experience like?

Have you observed or experienced anti-Black racism in a correctional institution?

Question 2: Recommendations have been made to ensure that correctional institutions are a fair environment for Black inmates. They include:

Do you think these recommendations will help to reduce the over-representation of Black people in correctional institutions and to reduce anti-Black racism in correctional settings?

If so, what are your ideas as to how they should be put into action?

Do you have any other recommendations to make regarding Black people and correctional institutions/practices?

Community Reintegration

Question 1: Studies show that Black prisoners are less likely to be granted parole and when they are released from custody, they face barriers reintegrating into society.

Have you or a loved one been released from a correctional institution into society?

Do you have professional experience with individuals being released from a correctional institution into society?

What was your experience like?

Have you observed or experienced anti-Black bias or race-based barriers in the reintegration process?

Question 2: The following recommendations were made to eliminate racial bias from reintegration decisions and improve the supports available to Black inmates being released into the community:

Do you think these recommendations will help Black people successfully reintegrate into society?

If so, what are your ideas as to how they should be put into action?

Do you have any other recommendations to make regarding Black people and parole, re-entry and reintegration?

Victims of crime

Question 1: Have you or someone you know been a victim of crime or a witness to a crime?

What was your or their experience like?

Did you or they receive adequate supports?

Question 2: What recommendations would you make to ensure that Black victims of or witnesses to crime are treated fairly by the criminal justice system?

Immigration issues

Question 1: Have you or someone you know been in a situation where it was possible that you or they could be deported from Canada for being a non-citizen convicted of a crime?

What was your experience like?

Question 2: The following are some recommendations regarding Black people facing possible removal from Canada for being non-citizens convicted of offences:

Do you think these recommendations will help reduce the number of Black people facing immigration consequences in criminal law?

If so, what are your ideas as to how they should be put into action?

Do you have any other recommendations to make regarding Black people and the immigration consequences of criminal law?

Data Collection

Question 1: There are many areas of the criminal justice system where data specifically relating to Black people is not routinely collected. Some areas where experts have said that it would be helpful to have specific race-based data include:

Do you have any suggestions as to how this data can be collected and used?

Do you have any concerns about the collection and use of this data?

Conclusion

Is there anything else you would like to share with us that you feel would help us to make recommendations to improve the experiences of Black people in Canada’s criminal justice system?