Executive summary

The overrepresentation of Black Canadians in the criminal justice system is a long-standing and troubling fact of Canada’s legal system. There are many contributing factors, and abundant research already exists on the matter.Footnote 1 Anti-Black racism leads to the legal system perpetuating and sustaining a system of inequality across Canadian society.

In 2021, the Government of Canada announced that the Minister of Justice would work to develop, in consultation and cooperation with provinces, territories and Black Canadians, Canada’s Black Justice Strategy (CBJS). The Strategy is to provide the federal government with responses to address anti-Black racism and tackle the systemic discrimination that has led to the overrepresentation of Black people in the criminal justice system, including as victims of crime. The Strategy will aim to help ensure that Black people have access to equal treatment and equal protection before the law in Canada.

Between August and October 2023, Jaku Konbit, in partnership with a coalition of Black-focused organizations across Canada, were invited by the Department of Justice Canada to lead engagement sessions with Black Canadians with the intent of assembling a comprehensive collection of data and firsthand experiences, illuminating the anti-Black racism within the criminal justice system.

Black youth and adults raised pressing concerns about being racially profiled, not being believed when reporting being a victim of crime, over-surveillance and experiencing harsher sentences than non-Black offenders. It was evident of the psychological toll the justice system can have and the complex traumas that emerge from being subject to persistent and widespread anti-Black racism. They also offered hope for a better future and willingness to work with the justice system to find solutions.

This report summarizes discussions held during the engagement sessions and surveys with Black communities.