Appendix 2

DESTA reintegration program questionnaire

The social determinants of justice

Question 1: For yourself, or a loved one who has experienced conflict with the law, what factors do you think contributed to bring you into contact with police and/or before the courts?

Question 2: There have been a number of recommendations made to address these social factors in order to reduce the involvement of Black people in the criminal justice system. These recommendations include (Note to facilitator, please refer to Appendix A of the CBJS Framework for more specific recommendations to address the social determinants of justice):

  1. Addressing racial disparities in education.
  2. Improving access to economic opportunities.
  3. Enhancing access to mental health services.
  4. Strengthening community-based support and social services.
  5. Addressing systemic racism in child welfare services.
  6. Addressing the needs of Black immigrants and newcomers.
  7. Increasing housing stability for Black people in Canada.

Do you think these recommendations will help to reduce the involvement of Black people in the justice system? Is there one which speaks to you the most? What would you do or do you think should be done to actualize that recommendation?

Policing

Question 1: Studies and research show that Black people are more likely to be stopped by police and are more likely to have a negative view of police. Evidence also suggests that Black people are more likely to be victims of violence by police.

What interactions have you and/or your loved ones had with police?

What have those interactions been like?

Question 2: Many recommendations have been made for changes to policing that would reduce or eliminate anti-Black bias. Some of these include:

Do you think these recommendations will help to reduce the involvement of Black people in the justice system? Is there one which speaks to you the most? What would you do or do you think should be done to actualize that recommendation?

Courts

Question 1: We have evidence that Black people often have negative experiences in the criminal courts. Black people accused of crimes go to court for bail hearings, to plead guilty or to have a trial, and to be sentenced if they are found guilty or admit their guilt. Black people may also come to court as witnesses in a trial, as supporters of an accused person, or as victims of crime. Studies show that Black people are more likely than others to be denied judicial interim release (bail) and to receive harsher sentences. Black justice professionals work in the courts every day and may experience anti-Black racism while doing their jobs.

What experiences have you had in the courts?

Question 2: Have you, or someone you know, received a criminal sentence from the courts? Do you have professional experience with sentencing?

If yes to either of the above, do you have any concerns about anti-Black bias in sentencing while plea bargaining or in the sentence/s that the judge gave?

Question 3: Recommendations have been made to reduce incarceration of Black people by removing anti-Black racism from the sentencing process and increasing representation of Black people among justice system professionals. Some of these recommendations include:

Sentencing

Justice professionals

Do you think these recommendations will help to reduce the involvement of Black people in the justice system? Is there one which speaks to you the most? What would you do, or do you think should be done to actualize that recommendation?

Corrections

Question 1: Studies show that Black people are one of the fastest-growing groups among people incarcerated in penitentiaries and are overrepresented in provincial jails as well. The evidence shows that Black inmates are more likely to receive negative treatment and be classified at higher risk levels.

Have you or a loved one served a sentence in a federal or provincial correctional institution? Do you have professional experience with correctional institutions?

What was your experience like?

Have you observed or experienced anti-Black racism in a correctional institution?

Question 2: Recommendations have been made to ensure that correctional institutions are a fair environment for Black inmates. They include:

Do you think these recommendations will help to reduce the involvement of Black people in the justice system? Is there one which speaks to you the most? What would you do or do you think should be done to actualize that recommendation?

Community Reintegration

Question 1: Studies show that Black prisoners are less likely to granted parole and when they are released from custody, they face barriers reintegrating into society.

Have you or a loved one been released from a correctional institution into society?

Do you have professional experience with individuals being released from a correctional institution into society?

What was your experience like?

Have you observed or experienced anti-Black bias or race-based barriers in the reintegration process?

Question 2: The following recommendations were made to eliminate racial bias from reintegration decisions and improve the supports available to Black inmates being released into the community:

Do you think these recommendations will help to reduce the involvement of Black people in the justice system? Is there one which speaks to you the most? What would you do or do you think should be done to actualize that recommendation?

Data Collection

Question 1: There are many areas of the criminal justice system where data specifically relating to Black people is not routinely collected. Some areas where experts have said that it would be helpful to have specific race-based data include:

Do you have any suggestions as to how this data can be collected and used? Do you have any concerns about the collection and use of this data?

Conclusion

Is there anything else you would like to share with us that you feel would help us to make recommendations to improve the experiences of Black people in Canada’s criminal justice system?