Survey results

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The survey received a total of 229 responses. Most respondents (91%) were individuals, while less than 9% responded on behalf of organizations (Table 1). These organizations were mainly non-governmental (74%, Table 2).

While 39% of respondents noted never having been involved with Canada’s CJS, others noted having been involved in various ways (respondents were able to select more than one option), most notably through knowing someone as victim/accused (25%), as a family member of an accused/convicted person (17%) and by working in the CJS/working in a related field (21%, Table 3).

Percentages may not add to 100% due to rounding.

Percentages may not add to 100% due to rounding.

The social determinants of justice

Respondents were asked to reflect on actions to target social factors (social determinants of justice^{Footnote 2}) and to rank the top three factors that have the greatest potential to eliminate anti-Black racism and systemic discrimination that lead to the overrepresentation of Black people in the CJS. The three factors that received the highest average ranking score in order from highest to lowest are (Table 4):

• Improving access to economic opportunities (1.6).
• Addressing racial disparities in education (1.4).
• Strengthening community-based support and social services (0.7).

More than half of respondents (62%) noted other social factors, not mentioned in the ranking question, that contribute to anti-Black racism and systemic discrimination that lead to the overrepresentation of Black people in the CJS. Among those who provided a qualitative response to this question, responses generally fell into two overarching themes (individual responses could be categorized under multiple themes). Note that some responses in these themes pertain more to specific factors within the CJS rather than social determinants of justice; these were summarized here regardless to conserve participants’ voices.

Theme 1: Systemic racism and institutional bias within the CJS, particularly among policing organizations

• Under this theme, responses generally focused on the deeply rooted White supremacy and colonial history in Canada, and the systemic racism that Black people continue to experience as a primary factor contributing to the overrepresentation of Black people in the CJS. As one respondent described, “Anti-Black racism is embedded in institutions, policies, processes, and the everyday systems that Black individual’s maneuver. It is also embedded in people's psyche and together these contribute to the overrepresentation of Black individuals in the criminal justice system.”
• Respondents spoke specifically about racism and bias within the CJS, as well as the lack of Black people working within the CJS, particularly in decision-making positions. As one commenter described, “[it is important to]… educate those enforcing the laws to recognize their own biases to reduce unfair treatment. Create opportunities for Black folks to be around decision-making tables on justice matters to reduce institutional biases and support fair decision-making processes.”
• This issue was specifically emphasized for policing: “Racism in policing is real and has material effects on Black people particularly. Until this country addresses the lack of accountability and culture of no expectations on police to act with respect and composure when they interact with Black people, very little will change in the Justice system.” Responses also touched on the problematic practices such as over-policing of Black neighbourhoods, racial profiling, and carding.

Theme 2: Funding and supports for Black-led organizations and those who service Black communities

• Comments under this theme touched on the need for more funding and support for Black-led or Black-focused organizations and causes that work to assist Black communities with upstream factors to prevent CJS involvement, such as equitable access to health, education, family support, financial and tax breaks. Respondents also noted the need for more education, cultural awareness and sensitivity among all Canadians on the Black experience.

Policing

Respondents were asked to rank the top three recommendations that they think have the greatest potential to eliminate anti-Black bias and systemic discrimination in policing. The three factors that received the highest average ranking score in order from highest to lowest are (Table 5):

• Implementing clear standards and consequences for racist behaviour by police officers (1.5).
• Reallocating police funding to invest in community-based violence prevention programs, such as youth mentoring and restorative justice initiatives (1.1).
• Integrating anti-racism and cultural competency training into the police curriculum (1.0).

Almost 40% of respondents noted other recommendations to eliminate anti-Black bias and systemic discrimination in policing. Among those who provided a qualitative response to this question, responses generally fell into three overarching themes (individual responses could be categorized under multiple themes). Note that some qualitative responses overlapped with recommendations listed in the ranking question; these were summarized here regardless to conserve participants’ voices.

Theme 1: Improve human resource (HR) and training practices of police

• For this theme, respondents indicated that police staffing and training practices need to be changed to address issues with systemic racism and bias. Suggestions for improvement include increasing the number of Black officers and promoting these officers within the ranks (including to leadership positions).
• Some also suggested competency testing on racial bias, personality tests, and psychological testing at recruitment or entry into policing colleges to screen out those who have systemic biases or aggressive tendencies.
• A few highlighted the importance of de-escalation skills for police, as one noted, “prioritize and expand de-escalation training. Teach officers techniques to defuse potentially volatile situations without resorting to violence.”

Theme 2: Improve police culture and approach, for example less punitive, more prevention- and community-focused, more use of restorative justice and alternatives to the CJS

• Responses under this theme centred around the need for a fundamental shift in policing, with many recommending the use of de-escalation, a less punitive approach with more alternatives to the CJS, and more prevention- and community-focused policing. For example, one commenter urged, “….Invest in restorative justice initiatives and integrate restorative justice principles into police training, so officers are equipped with a mindset of repair and reconciliation. Re-imagining of the role of police in the community, shifting from a primarily punitive approach to one of protection, service, and partnership with the community.” Another respondent suggested to redirect funding from policing to social causes "to things that actually keep us all safer like housing and employment and mental health programs."

Theme 3: Enhance accountability and oversight of policing organizations

• Comments under this theme highlight the need for greater accountability and repercussions for racist and discriminatory policing practices. As one commenter noted, “Systems are in place to deal with internal police racism. It is the generally mono-cultural police leadership in Canada, which often 'overlook'[sic] violators or if they can't hide it, provide non-existent sanctions to offenders. 'Slap on the wrist'.” Suggestions to enhance accountability and oversight included:
  1. mandatory use of body cameras
  2. the creation of policing oversight bodies that are comprised of independent community members who have no connection to policing
  3. the collection and dissemination of race-based data to help improve police accountability (for example on police carding, use of force, outcomes of Black people in contact with police)

Criminal court system

Respondents were asked to rank the top three recommendations that they think have the greatest potential to eliminate anti-Black racism and systemic discrimination in the criminal court system. The three factors that received the highest average ranking score in order from highest to lowest are (Table 6):

• Amend the Criminal Code so a judge would be required at sentencing to consider how anti-Black racism and systemic discrimination has contributed to a Black person coming before the court (1.4).
• Implement restorative justice programs and alternatives to incarceration (1.1).
• Increase funding for legal aid to ensure equitable access to quality legal representation for Black people (0.8).

Almost one-quarter (23%) of respondents noted other recommendations to eliminate anti-Black racism and systemic discrimination in the criminal court system. Among those who provided a qualitative response to this question, responses generally fell into three overarching themes (individual responses could be categorized under multiple themes). Note that some qualitative responses sometimes overlapped with recommendations listed in the ranking question; these were summarized here regardless to conserve participants’ voices.

Theme 1: Improve HR and training practices and enhance accountability in the criminal court system

• This theme centres around the professionals who work in the criminal court system and broader CJS, with respondents advocating for increased representation of Black people who are committed to change. As one respondent noted: “Any efforts to increase representation of staffing with new black hires needs to ensure that 50% of those hires are black folk with demonstrated awareness and interest in effecting change towards systemic barriers. … A lot of times, black people in the system assimilate to the practices and are not instrumental to the cause albeit black presence is important.”
• Respondents also advocated for ongoing cultural sensitivity and anti-bias training, along with performance monitoring metrics for CJS professionals’ conduct and repercussions for those who engage in anti-Black racism and systemic discrimination.

Theme 2: Increase criminal court supports and services and access to justice for Black communities

• A few respondents highlighted the need for increased funding for programs that support access to justice for Black people going through the criminal court system, such as legal aid, pro bono, or navigator programs.

Theme 3: Increase use of restorative justice, rehabilitation, and alternatives to incarceration

• Responses under this theme centred on the need to consider alternatives to incarceration. As one respondent suggested, “provide [sic] rehabilitation centers for youth offenders instead of putting them in jail. Allow African Elders to provide cultural training to minimize the trauma and support the offenders to move forward in a good way.”
• Similarly, some respondents highlighted options like restorative justice programs as an alternative for less serious crimes, “I think the recommendations will largely depend on the crime. The less serious the crime (teenager stealing headphones from a store), the more the focus should be on options like restorative justice and alternatives to incarceration...”

Correctional system

Respondents were asked to rank the top three recommendations that they think have the greatest potential to eliminate anti-Black racism and systemic discrimination in the correctional system. The three factors that received the highest average ranking score in order from highest to lowest are (Table 7):

• Prioritize equitable access to education, vocational training, and other programming for Black people in custody to support successful reintegration into the community and establish partnerships with community organizations that can offer these specialized services and support to Black people in custody (1.8).
• Regularly review disciplinary practices to identify and address any racial disparities or bias in the treatment of Black people in custody (1.1).
• Review and revise use-of-force policies and training to ensure that correctional staff interactions with Black people in custody are free from racial bias, and provide ongoing training for correctional staff on de-escalation techniques and alternative methods to the use of force (1.1).

One-fifth (20%) of respondents noted other recommendations to eliminate anti-Black racism and systemic discrimination in the correctional system. Among those who provided a qualitative response to this question, responses generally fell into two overarching themes (individual responses could be categorized under multiple themes). Note that some qualitative responses sometimes overlapped with recommendations listed in the ranking question; these were summarized here regardless to conserve participants’ voices.

Theme 1: Improve HR and training practices, and enhance accountability in corrections

• The comments for this theme mirror the comments for similar themes under the policing and courts sections, with respondents highlighting the need for increased representation of Black people among correctional staff (including in leadership positions), as well as increased anti-racism and cultural competency training. Respondents thought that changes to hiring practices were needed to ensure that staff have the right skills and abilities (for example trauma-informed, culturally sensitive), requiring a higher level of education was also suggested.
• Respondents also touched on the need for higher accountability within corrections, namely through a zero-tolerance approach to violators of anti-bias and anti-racism policies and independent oversight bodies.

Theme 2: Improve access to culturally responsive programs, services and supports for Black people reintegrating into the community

• Under this theme, comments highlighted the importance of providing Black people with culturally responsive programming, services and supports both in custody and upon release. This included education, skills training, mental health and rehabilitation services, and reintegration and employment support upon release into the community.
• Respondents also noted the importance of maintaining ties with family and supports, either by being in custody close to their home community, or by not separating family members who are incarcerated. A few also called for an end to solitary confinement in custody, described as a form of torture.

Community reintegration

Respondents were asked to rank the top three recommendations that they think have the greatest potential to contribute to the successful community reintegration of Black people. Four factors received the highest average ranking score, with the last two receiving identical scores. The factors are, in order from highest to lowest (Table 8):

• Develop and implement culturally appropriate reintegration programs tailored to the specific needs and experiences of Black people, in partnership with community-based organizations that have expertise in addressing the unique challenges faced by Black individuals during reintegration (1.6).
• 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. Vocational training: refers to education and skills-based training programs that prepare people for a specific job, trade or craft (1.4).
• Ensure that decisions regarding temporary absences and parole are based on objective criteria and not influenced by racial bias (0.9).
• Ensure access to mental health services tailored to the specific needs and experiences of Black individuals, both during incarceration and upon release (0.9).

Fourteen percent (14%) of respondents noted other recommendations to contribute to the successful community reintegration of Black people in custody. Among those who provided a qualitative response to this question, responses generally fell into three overarching themes (individual responses could be categorized under multiple themes). Note that responses sometimes overlapped with recommendations listed in the ranking question; these were summarized here regardless to conserve participants’ voices.

Theme 1: Implement anti-Black racism and anti-bias policies and training for those who make release decisions

• Under this theme, respondents highlighted the importance of ensuring that anti-Black racism and anti-bias policies are properly implemented and that those involved in release decision-making have adequate anti-Black racism and anti-bias skills and training. As one respondent noted: “Ensure that the decision-makers are diverse and reflect equity-seeking groups. This is especially important at the leadership level. Develop zero-tolerance anti-racism and Anti-Black racism policies with clear and consistent consequences for violations.”
• Some respondents advocated for greater community involvement in release decisions: “The reason why Black people don’t get parole is because somehow they’re perceived as more dangerous than even their crime. It’s a direct result of racism. The community needs to be more involved in parole decisions. We can decide whether somebody should remain in prison or be released. Leave it up to the people that know the individual. Not poor parole boards that are riddled with racism.”

Theme 2: Increase availability of funding for pre- and post-release reintegration supports

• For this theme, comments centred on the need to provide continuous supports for Black inmates both pre- and post-release, such as housing, substance abuse programs, and mental health services (for example, for unrecognized trauma). As one commenter suggested, “you can’t get Parole unless you demo some success inside (for example, complete core mandatory programs, stay away from institutional misconduct/subculture activities) that’s why any effects to create change here must have elements of institutional and release supports in mind. [There is a need for] dedicated funding for community stakeholders to provide institutional supports to compliment and supplement core mandatory programming, this will contribute to rehabilitative efforts, build contacts with the community in prep for release and aid in curtailing some subculture activities.”

Theme 3: Increase employment initiatives and hiring incentives; facilitate criminal record pardons for Black people

• Under this theme, respondents highlighted the need for programs that incentivize the hiring of Black people who have been released from custody: “For example, the community in Kitchener/Waterloo where they developed housing [co-op] for people and they invested into their communities by purchasing bonds, and they could work and earn a living in their housing community.”
• Respondents also noted the need to facilitate criminal record pardons, especially for non-violent crimes.

Victims and survivors of crime

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.^{Footnote 3} Black people also report experiencing “under-policing” (for example, receiving inadequate response from law enforcement when they report victimization or potential victimization). Given these realities, respondents were asked if they had any recommendations to help ensure that Black victims, survivors of crime, or witnesses, receive adequate support in the CJS. Over one-half (51%) of respondents provided recommendations. Among those who provided a qualitative response to this question, responses generally fell into three overarching themes (individual responses could be categorized under multiple themes):

Theme 1: Increase accessibility and affordability of culturally responsive and Black-led or operated victim programs and services (for example, navigators, mental health, compensation funds)

• Many respondents thought that it would be beneficial to fund/create victim programs and services tailored for and staffed by members of the Black community. Specifically, “trauma-informed care that recognizes the particular forms of trauma associated with racial violence and discrimination.” Commenters stressed that these programs and services should be affordable and accessible to the Black communities who need them.

Theme 2: Ensure CJS professionals are better equipped to respond to the unique needs of Black victims and communities, and face greater accountability

• For this theme, comments centred on the importance of ensuring equitable treatment of Black victims and communities by police and the CJS more broadly. This could include increasing Black representation among first responders and police, as well as efforts toward community outreach and relationship-building by police. Some respondents also highlighted the need for training for those working in the CJS on the unique needs and circumstances of Black victims: “Provide training to police officers, paramedics, and other first responders on the unique needs and challenges faced by Black victims. This includes understanding the historical and systemic issues that may cause mistrust or fear of authorities.”
• Respondents also highlighted the need for accountability and recourse for inadequate CJS responses (for example, under-policing), as one commenter noted, “Hold those in power, with power, responsible to implement, follow up, and break the cycle of these issues.”
• A few respondents spoke to the importance of protecting victims and witnesses who report crimes, as well as establishing anonymous tip lines for those who wish to report crimes occurring in their communities without fear of reprisal.

Theme 3: Improve education and awareness about the legal system and victim’s programs and services

• Respondents emphasized the need for greater education and awareness about the programs and services available to Black victims so that they are empowered to seek help.
• Respondents further suggested the need to educate Black communities about the justice system more broadly and how legal processes work. This includes education on what behaviors constitute crimes.

Further recommendations

Just over a third of respondents (36%) noted additional recommendations to eliminate anti-Black racism and systemic discrimination that lead to the overrepresentation of Black people in Canada’s CJS. Responses generally fell into one main theme, with a few less common comments that are described below (individual responses could be categorized under multiple themes):

Theme 1: Address upstream factors and increase education and awareness of Black culture and history

• The theme mentioned most often for this question was about the importance of addressing upstream factors that lead to overrepresentation in the CJS. For example, some talked about the importance of early interventions targeting at-risk families and communities, investing in education, health care, childcare, providing economic and employment opportunities, and mentorship. Some suggested that further research is needed to better understand and address the root causes of crime (for example, studying areas with high crime rates). Other respondents talked about the need for education and awareness about Black culture and history among the public, “For example, we can work to ensure the curriculum includes fruitful examples of the contributions of racialized individuals, proper identification of micro-aggressions, and methods to protect the self and others…”

Other:

• Other responses largely reiterated points that have been covered under other questions, specifically such as the importance of targeting and eliminating anti-Black racism, as well as increasing the representation of Black people working in the CJS, particularly in positions of authority.
• A few respondents recommended that Canada should have a truth and reconciliation process with Black Canadians modeled after the process with Indigenous communities, such a process should include reparations.
• Another comment that came up repeatedly was the importance of collecting race-based data to be able to monitor and track progress on dealing with overrepresentation, systemic bias and discrimination.

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