Appendix A - Your Voice Matters

The Department of Justice Canada is working in collaboration with an external Steering Group of Black experts and leaders and in consultation with Black communities across Canada to develop Canada’s Black Justice Strategy (“the Strategy”). The Strategy will address anti-Black racism and systemic discrimination, which has led to the overrepresentation of Black people in the criminal justice system. The goal of the Strategy is to help ensure that all people in Canada have access to equal treatment and equal protection before and under the law.

Guided by a Framework developed by the Steering Group for Canada’s Black Justice Strategy, 12 Black-led community-based organizations from across Canada are currently leading targeted consultation and engagement activities. The goal of these activities is to validate the information and recommendations included in the Framework, identify missing information and recommendations, and highlight gaps in policies, legislation, data, services, initiatives, programs and community supports.

Community engagements are happening across the country, and we encourage you to learn more about the engagement activities happening near you. For people who are unable to participate in community consultations and engagements, and for organizations that provide justice-related services and supports to Black communities in Canada, Justice Canada has also launched this online survey. This survey, which is also guided by the Framework, is available for input until September 29, 2023. The views you share will inform the Steering Group’s Final Strategy Report, which will present recommendations focused on addressing anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in Canada's criminal justice system, including the overrepresentation of Black people as victims of crime.

Background

In December 2021, the Minister of Justice and Attorney General of Canada was mandated by the Prime Minister to develop Canada’s Black Justice Strategy with the support of the Minister of Housing, Diversity and Inclusion and in consultation and cooperation with Black communities, provinces and territories. The Framework, a document prepared by the external Steering Group for Canada’s Black Justice Strategy, has been developed to guide consultations and engagements with Black communities. The community consultations and engagements will seek to validate the information and recommendations included in the Framework, identify missing information and recommendations, and highlight gaps in policies, legislation, data, services, initiatives, programs and community supports.

This national consultation process is an important opportunity to build upon the work of Black communities, grassroots and other organizations that has resulted in the recommendations included in the Framework. For decades, Black communities and the organizations that support them, advocates, academics, and many others have called for solutions to address anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in Canada’s criminal justice system. It is imperative that the Strategy is developed with the voices of Black communities across the country. Your experiences and ideas about the changes that are needed to achieve substantive equality for all people in Canada are essential to making the Strategy a success.

Please note that the questions that follow and the recommendations they include are based on the Framework prepared by the external Steering Group and do not necessarily reflect the views or opinions of the Department of Justice Canada.

Eligible participants

Participation in the survey is limited to:

If you do not meet these criteria we ask that you please do not complete the survey.

Participants from all age groups—including youth—are encouraged to complete the survey. But, if you are a young person currently involved in matters under the Youth Criminal Justice Act, you cannot participate in this survey, to protect your privacy.

Privacy statement

The Department of Justice is conducting this survey in accordance with the Department of Justice Act and is subject to the Privacy Act, and is committed to ensuring your privacy and the protection of your personal information. Although participation in this survey is voluntary, your participation is encouraged. Please be aware that your individual responses, or responses provided on behalf of an organization are being collected as part of a public survey and may not be confidential. Information collected in this survey will be reported in an aggregate format, but individual (non-identifying) illustrative quotes may be used in a What We Heard report. Information from the survey will be used to inform Canada’s Black Justice Strategy. It could also be used by the Department for research purposes to inform further policy development.

This survey does not request any personal identifying information (for example, name, age, address, phone number) nor does it collect it in the background (for example, IP address). Participants are asked not to volunteer any identifying information in their responses. Note that organizations that voluntarily provide their organization’s name could be identified in the report. That said, any personal information you provide in your survey responses will be protected and managed in accordance with the Privacy Act. The information you choose to provide will be managed in accordance Outreach Activities PSU 938. The Privacy Act gives you the right of access to your personal information, if you choose to do so, please contact the Department’s Access to Information and Privacy (ATIP) office at ATIP-AIP@justice.gc.ca.

Any questions, comments, concerns or complaints you may have regarding Justice Canada's handling of your personal information may be directed to our ATIP by emailing ATIP-AIP@justice.gc.ca. If you are not satisfied with Justice Canada's response to your privacy concern, you have the right to file a complaint with the Privacy Commissioner of Canada regarding the institution’s handling of your personal information.

Your participation in this survey will help inform Canada’s Black Justice Strategy. Respondents can request a PDF copy of the survey for accessibility purposes by contacting us at: rsd.drs@justice.gc.ca.

Thank you for your participation.

Consultation questions

1. Are you responding to this survey as an individual or on behalf of an organization? Select one response only.
1a). To which sector(s) does your organization belong? Select all that apply.
1b). If you wish to provide the name of the organization, and agree to the use of that name in association with your comments in this survey, please do so here:
2. Have you ever been involved with Canada’s criminal justice system? (Select all that apply)

The social determinants of justice

3. The following actions have been identified to target social factors that, if addressed, can contribute to eliminating anti-Black racism and systemic discrimination that leads to the overrepresentation of Black people in the criminal justice system.

Please identify the top three factors that have the greatest potential to eliminate anti-Black racism and systemic discrimination that leads to the overrepresentation of Black people in the criminal justice system:

3a) Do you think there are any other social factors, not mentioned above, that contribute to anti-Black racism and systemic discrimination that leads to the overrepresentation of Black people in the criminal justice system?

Participants are asked not to provide any identifying information in their response.

Policing

4. Studies have shown that Black people are overrepresented in police stop and search practices (for example, carding) and experience negative interactions with police. Evidence also suggests that Black people are more likely to be victims of violence by police.

The following recommendations have been made for changes to policing that could eliminate anti-Black bias and systemic discrimination. Please identify the top three recommendations that have the greatest potential to eliminate anti-Black bias and systemic discrimination in policing:

4a) Do you have any other recommendations for eliminating anti-Black bias and systemic discrimination in policing?

Participants are asked not to provide any identifying information in their response.

Criminal court system

5. Black people often have negative experiences in the criminal court system. Studies show that Black people are more likely than others to be denied bail and receive harsher sentences. In addition, Black justice professionals who work in the court system may experience anti-Black racism and systemic discrimination while doing their jobs.

The following recommendations have been made to eliminate anti-Black racism and systemic discrimination throughout the court process. Please identify the top three recommendations that have the greatest potential to eliminate anti-Black racism and systemic discrimination in the criminal court system.

5a) Do you have any other recommendations that may contribute to eliminating anti-Black racism and systemic discrimination in the criminal court system?

Participants are asked not to provide any identifying information in their response.

Correctional system

6. Studies show that Black people are overrepresented in the federal and provincial correctional systems and that this problem is worsening.

The following recommendations have been made to ensure that the correctional system is free of anti-Black racism and systemic discrimination. Please identify the top three recommendations that have the greatest potential to eliminate anti-Black racism and systemic discrimination in the correctional system:

6a) Do you have any other recommendations to eliminate anti-Black racism and systemic discrimination in the correctional system?

Participants are asked not to provide any identifying information in their response.

Community reintegration

7. Studies show that Black people in custody are less likely to be granted parole than the general custody population, and when released from custody, they face barriers to reintegrating into society.

The following recommendations have been made to eliminate anti-Black racism and systemic discrimination in reintegration decisions (for example, granting parole) and to improve the supports available to Black people being released into the community. Please identify the top three recommendations that have the greatest potential to contribute to the successful community reintegration of Black people:

7a) Do you have any other recommendations that could contribute to the successful community reintegration of Black people?

Participants are asked not to provide any identifying information in their response.

Victims and survivors of crime

8. Research has shown that Black people are overrepresented as victims of homicide and a higher proportion of Black people report experiencing physical or sexual abuse by an adult before the age of 15. Black people also report experiencing “under-policing” (i.e. receiving inadequate response from law enforcement when they report victimization or potential victimization).

Do you have any recommendations to help ensure that Black victims/survivors of crime, or witnesses, receive adequate supports?

Further recommendations

9. Do you have other recommendations to eliminate anti-Black racism and systemic discrimination that lead to the overrepresentation of Black people in Canada’s criminal justice system?

Participants are asked not to provide any identifying information in their response.