Conclusion
Here are the main points from the engagement sessions and the issues, concerns, actions, findings, and recommendations discussed in this report:
- There is a near consensus that there exists significant bias and discrimination against Black individuals who have interactions with the criminal justice system, from the first interaction with the police to how they are treated in the corrections settings.
- There is a significant cultural shift that needs to happen within the criminal justice system, which requires explicit and ongoing commitment to cultural humility and competence at every level of the criminal justice system.
- That the current situation in the criminal justice system is a by-product of the larger sociocultural system where social determinants of crime are disproportionately tilted against visible minorities especially Black people.
- Addressing the issues highlighted requires a multifaceted approach that includes system-level social programming and interventions, deliberate commitment to change by criminal justice system actors, and inter- and intra-community actions focused on a collaborative approach towards community-specific and non-Black education.
- Absence of publicly accessible disaggregated race data on the criminal justice system is a major gap in the current effort to gain a complete picture of progress or otherwise made by the system to address racial injustice toward Black people.
- Laws and legislation guiding police data collection, analysis and reporting must be updated to allow for collection and analysis of disaggregated data on ethnicity. This will foster an understanding of representation proportions of Black population, current and emerging trends and challenges, and an evidence-based insight into issues faced by Black people in the justice system to address them more appropriately.
- Underrepresentation of Black professionals in the criminal justice system is evident but must be addressed as a part of the efforts to improve access to justice, fair sentencing, and experience within the corrections setting, including parole and access to support services while in custody.
- The strategy to address the current challenge must include continuous investment in proven interventions through better targeted funding for community-led justice initiatives, including youth and newcomers’ programs.
- Research has shown that the Canadian justice system privileges those with the financial capital to retain private legal counsel over those who receive legal aid, resulting in thousands of disadvantaged Canadians every year whose access to justice is compromised (Canada, 2013; Chasse, 2014). However, the crisis of access extends well beyond the issue of fair legal representation or mere access to legal proceedings, there is a need to fund training and positions for Black lawyers, and to establish Black Legal Clinics to facilitate an improved and equitable access to appropriate justice for Black people.
- Findings suggest that the overrepresentation of Black people in the justice system may not be separated from judges’ going above the mandatory minimum sentences–or even applying maximum sentences–when Black people are involved. There must be a shift in this practice of uneven application of justice; judges must be able to consider individual case characteristics when sentencing an accused in every case, including social determinants of crime and a cultural impact assessment.
- Membership of Parole Boards and parole officer cadre in the correctional system must be diversified to ensure a fair, more responsive, and responsible approach that is evidence-based and not racially influenced.
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