Issues and concerns
All input, feedback and ideas resulting from the engagement sessions and online surveys have been compiled into different thematic areas. The following themes are discussed under “Issues and concerns”: (a) Policing; (b) Courts and Crown prosecution; (c) Corrections; and (d) Social determinants of justice:
(1) Police
Over-policing: Over-policing of Black persons through practices such as carding, stop and frisk, and unfair arrests was at the forefront of most engagement sessions and responses from the online survey. Participants expressed the stigmatization of Blacks as criminals by the police as of the utmost concern in their overall analysis of their collective experience. The real trauma and other impacts of such current and historical prejudice was a common theme in all the sessions.
Prevalent stereotyping: Participants mentioned that a culture of stereotype is driving the over-policing of Black people. A mere wearing of dreads, tattoos or hoodies is often a trigger for police interaction and could lead to rearrest and reincarceration for Black individuals with existing criminal record. In addition, participants shared the experience of being questioned by police because of the cars they drive or assumed to be the offender because their voices are stereotyped as aggressive, angry, and dangerous, which oftentimes limits the ability of Black people to confidently express themselves when interacting with the police.
Early negative contact: Participants raised concerns about trauma associated with uncalled and unnecessary exposure of Black children to the criminal justice system. Many participants stated witnessing or hearing about situations when school officials decided to call law enforcement on younger students when there is a mental meltdown or when they misbehave. A participant cited the case of five police officers arresting and interrogating a male Black minor without his parents being present. This early but avoidable negative contact with police often triggers resistance and negative perception of police among Black youth resulting in bigger social issues.
Underrepresentation of Black people in the police: a couple of participants commented that Black people are not well represented in the local and federal policing resources. The lack of representation in the recruitment into police services further widens the cultural gaps between the police and the Black community as there are insignificant number of Black police officers that Black people and communities can relate to. The lack of cultural bridge in the police structure, even in the victim support service, continues to expand the disconnectedness of the Black community from the policing system.
“The police did not contact my family to inform us of the horrific death of our loved one even when the news’ outlets were reporting on it with full information of who she was.”
Lack of openness to engagement: Views were expressed that an important component of addressing the culture of prejudice and discrimination within the police system is to listen, hear, and seek to understand; however, the police appear not to be ready for the conversations that interrogate their practice and interaction with Black people and communities.
Law enforcement personnel often lack an understanding of diverse Black communities, and their training does not adequately address community diversity in this respect. We heard that the police as an entity must try to be open and supportive enough to learn from their mistakes and errors of judgement in relating with Black people.
A culture of baiting Black practitioners: Participants expressed concerns about police perception of Black professionals as unethical and unprofessional. There was a mention of the case of a police officer visiting a Black medical clinic to request for opioids prescription “because he was addicted.” While the intent of the request is often muted, it is a part of the larger non-Black assumption that a Black professional will circumvent the ethics, codes and conduct of their professions for extra monetary rewards.
(2) Courts and Crown Prosecution
Over-sentencing/mis-sentencing: Participants were quick to point out that, oftentimes, Black offenders are given the maximum sentence even when there is no sufficient evidence to prove that they committed the crime and without considering social determinants of crime.
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A participant mentioned how he was convicted for a crime he was not aware of: “DNA was a part of the issues in court. There was no DNA found at the crime scene that matched mine. However, I was told that DNA was not a significant issue in Saskatchewan provincial courts”.
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Another participant narrated how the judge sent him to remand custody after having been initially granted bail and required to complete community work. He was also placed in the medium-security facility due to his immigration status. He felt this happened because he was Black as the immigration officer’s report that classified him as a risk to the community contradicts the community report that was issued.
Extended awaiting trial period: Many Black inmates have been held in federal facilities for an extended period of time without bail or any charges laid. A participant mentioned how a police officer came to his house, arrested him while sleeping, and have been kept in jail for almost three years without trial.
Uneven application of justice: Participants mentioned that Black victims do not get the deserved justice or opportunity for alternative measures compared to white offenders with similar charges. A participant remarked that white offenders are often given mild or short sentences when found guilty or have cases against them withdrawn or stayed due legal technicalities–an opportunity that is not often extended to Black offenders, even when they commit non-serious, non-violent offences.
A one-sided judiciary: Participants highlighted the underrepresentation of Black professionals in the judicial system. The staffing complements in courts are oftentimes dominated by white individuals, including security, court clerks and judges. This makes the setting hostile, unpleasant, and socially unsafe for Black people with cases to address. Some participants expressed that the judicial setting places emphasis on a predominantly Eurocentric approach to justice. A participant suggested that such environment re-enacts the historical colonial/slavery injustices and experiences of Black people that have led to the present-day circumstances of bias, discrimination, and inequalities.
“Dealing with a criminal justice system in which my sister was the victim of – I was a witness to how this system apprehended the accused (white) and afforded her with advantages and benefits that any other person of colour in the accused’s position would not have been granted. Moreover, the criminal Justice system showed its ass and verified exactly what I’ve always known it to be: A biased and flawed system.”
Legal Aid: Several participants raised concerns about an anti-Black mindset of Legal Aid lawyers who rather than supporting their Black clients to get justice through adequate representation–which they have sworn to and are financially rewarded for through taxpayers’ money–are often very quick to table plea deals that lead to a lot of accused Black people pleading guilty to offenses due to bad counsel. Many participants cited incidents of Black people being convicted of a crime due to lack of proper representation and one expressed that “I felt like my own lawyer was against me and he did the barest minimum, and I was not sure why”.
Language barrier: We heard that access to judicial support services is also limited for Black people interacting with the court system. As legal language is not equivalent to basic English language, especially for those who are learning English as newcomers, there is often no language accommodation in the court to support Black patrons to face the court with basic English knowledge. Some participants believed that the absence of language services prevents Black people from having a fair and equitable access to justice services.
(3) Corrections
Inequitable access to parole: Participants mentioned that the prevalent act of discrimination as well as conscious and unconscious bias is carried forward into the correctional system. It was mentioned that the current system empowers parole officers to keep inmates from progressing through the institution regardless of how persevering and committed to change they are, and race is always an important part of that decisions.
- This includes promises parole officers make to support them with their parole applications and the information they share. The conversations between parole officers and offenders (including promises made to offenders) are verbal and are not recorded anywhere to allow for follow-up.
- Many participants shared how parole officers often make assumptions about Black offenders’ situations, putting these assumptions into reports submitted to the Parole Board, which are believed and upheld, and used against Black offenders.
- At least three Black offenders who participated in the engagement session cited how parole officers often renege on their promise to offenders to support their parole application if they finished their programs. In all the cases, the parole officers refused to support their cases after they diligently finished their programs and completed their release plans and community support arrangements.
- Examples were cited of cases where the entire class of fellow offenders was allowed parole or sent to the minimum centres, except one offender who is the only Black person.
- Applications for transfer to facilities where Black offenders can be close to their communities, making it easier to create a parole plan, are often denied.
Thus, the need to hold parole officers accountable for promises made to Black inmates and develop an ethno-cultural perspective to be integrated into the decision-making processes of the Parole Board.
Inmate care: A participant expressed concerns about lack of access to Black-sensitive hygiene products while in custody. While non-Black inmates are able to request hygiene products suitable to their needs, request for such supplies are often denied to Black inmates, and when it is approved, it can take up to three months to receive the order. These items could be available in the penitentiary store, allowing them to purchase when needed instead of waiting three months to get them.
Unequal use of administrative segregation: Many Black offenders are more likely to be placed in and/or spend longer time in administration segregation than white inmates. A participant mentioned a situation where he was placed in administrative “segregation unit for two days without being able to shower or receive phone call because they believed I was suicidal.” This participant felt that color was involved in the decision to keep him in segregation.
Non-existent ethno-cultural programs: Black inmates complained about lack of access to ethno-cultural resources to support their well being in custody. This includes lack of access to spiritual guidance, community programs, therapy, or professional services that are tailored towards Black offenders to help overcome trauma associated with incarceration.
(4) Social determinants
Legal costs: Participants saw legal costs as a barrier to getting fair representation and by implications, fair justice. Participants mentioned that hiring lawyers is often very costly and outside the means of offenders, and where family and relations are unable to pay for a proper representation, the result is often an unfair outcome.
Attitude of the larger community: Participants raised concerns about the apathy within the larger Canadian society – rather than seeking to resolve non-crime related conflicts with Black people in an informal but collaborative manner that promotes long-lasting relationships, many often prefer to engage law enforcement agencies. Participants spoke to the need for this to change in the interest of equity and reducing Black’s overrepresentation in the criminal justice system.
Getting and keeping jobs: Participants expressed concerns about the bias in job recruitment processes, retaining jobs, and gross underemployment among Black people. For example, a participant stated that “Black people are often the last to be hired and the first to be fired” due to prevalent discrimination in the system. Black professionals are often questioned about their competence due to color and foreign accents.
“I took part in the Citizen Police Academy this spring and noticed there were 98% white presenters, and their views were not diverse or reconciliatory per TRC call to action. They also justified the presence of officers in schools without consideration for BIPOC impacts or views. The presenters did not elaborate on what they learned from attending community events and how the organization plans to incorporate those learnings.”
Access to affordable and befitting housing: Many participants highlighted the challenges faced by many Black people and families in accessing affordable housing due to high rent or mortgage costs. This has exacerbated the degree of housing instability and secondary homelessness among low-income Black families as many are left with no other option than to house their children in an environment that exposes them to gang, substance abuse, and eventually, a negative contact with criminal justice system. The practice of requesting reference checks for newcomers, landlords raising rent fees for Black people because they assume their property will not be taken care of or failing to return security deposit despite keeping their part of the lease agreement and then pulling the race card on them, are some of the other housing related issues that may have implications for Black involvement with the criminal justice system.
Lack of legal education: Many participants expressed a total lack of understanding of how the criminal justice system works, where to turn to have their concerns addressed before they escalate, or how they present themselves in court.
Trust issues: A participant expressed strong scepticism on the value of current engagement and if and how the findings will make any difference given how the community is used to being surveyed for research purposes and asked to share their concerns in forums but rarely see any direct impact of the engagement through policy changes.
Bias in the school system: many participants highlight the existence and nature of bias in the school system, including post-secondary institutions:
- Accusations of academic misconduct, academic violations, and moral misconduct are disproportionally higher for Black students, both newcomers and Canada-born. For younger students, this can often transpire into having law enforcement involved without the involvement of parents.
- International students, including Blacks, experience wage inequalities as they are often paid less than their Canadian counterparts for the same job. Participants highlighted the associated impacts of such discrimination, which include mental health disorientation and potential contact with the criminal justice system.
- Many Canada-born Black students who completed their high school in Canada are refused admission into the university and or are sometimes required to write English proficiency tests to apply for some programs–a requirement usually waived for non-Black Canadian students.
- Many Black students feel they cannot express their opinions because of real and perceived suppression and oppression in the educational system. This often results in unjust grades and sometime triggers mental health breakdown in some students. A participant shared an experience where a teacher graded a Black student’s assignment full marks and later reversed it to a failing grade.
- The real and perceived racial discrimination in schools by both educators and students does not also make school a safe space, which contributes to high drop-out rates among Black students. A participant cited the case of a Black student who was singled out to confess to a missing $5 in his class, despite having just won $40,000 for her school in a reading competition.
- Participants mentioned that some non-Black teachers continue to use the derogatory N**** words and are not penalized when reported to school authorities.
- Black children are socially disconnected because they do not feel that they fit in or are flagged (often misdiagnosed) as having learning disabilities, mental disabilities, depression, and ADHD, the discrimination, stigmas and differentiated learning experiences that come with these labels continue to haunt them into their youth and adulthood–a core trigger for potential encounter with the criminal justice system.
“Parole officers need to be held accountable for promises they make to inmates; they are allowed to keep inmate from progressing through the institution regardless of how persevering they are, seemingly based on race.”
Bias in the health system: participants mentioned that many Black medical practitioners operate in an unfriendly and disrespectful work environment, and constantly having to take extra measures to avoid being accused of harassment or ethical violation by non-Black patients, colleagues, and the community. The existence and nature of bias in the health system also include:
- Black doctors or nurses being seen as not deserving of treating white people.
- Non-Black patients complaining to not understand a Black doctor’s accent despite the doctor being born and raised in Canada.
- Black doctors who are training white resident students are seen as though they were the trainees, not the trainers.
- Black doctors in rural areas not feeling welcome which sometimes causes anxiety and panic attack for some medical practitioners.
Child welfare services: Views were expressed about the double standards in the approach of child welfare services when it comes to Black people compared to other races. There is a view that social services separate Black children from their parents without considering cultural differences (that is, different ways of parenting), which sometimes lead to trauma in these children and eventually a negative contact with the law because of the separation from an environment that promotes their cultural identity, heritage, and the kind of nurturing they require.
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