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):
- Addressing racial disparities in education.
- Improving access to economic opportunities.
- Enhancing access to mental health services.
- Strengthening community-based support and social services.
- Addressing systemic racism in child welfare services.
- Addressing the needs of Black immigrants and newcomers.
- 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:
- Increasing diversity and cultural competency in police forces.
- Integrating anti-racism and cultural competency training into the police curriculum.
- Establishing neighborhood policing teams that build relationships with residents and local organizations.
- Implementing clear standards and consequences for racist behavior by police officers.
- Developing and expanding crisis intervention teams that include mental health professionals to respond to mental health-related calls.
- Reallocating police funding to invest in community-based violence prevention programs, such as youth mentoring and restorative justice initiatives.
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
- Repeal all mandatory minimums for all controlled substances and weapons offences. ∙ Add “Black offenders” to section 718.2(e) of the Criminal Code regarding sentencing principles, in recognition of the over-incarceration and systemic racism of Black persons. This means that the judge would be required to consider how systemic racism has contributed to a Black person coming before the court to be sentenced.
- Expand the use of and funding for Impact of Race and Culture Assessments for Black individuals to help judges better understand the impact of systemic racism on the accused’s life when making sentencing decisions.
- Expand the application of the Youth Criminal Justice Act (YCJA) to youth aged 12-24.
- Increase the availability of conditional sentence orders (house arrest).
- Implement restorative justice programs and alternatives to incarceration.
Justice professionals
- Provide mandatory anti-racism and cultural sensitivity training for judges, lawyers, and court staff, with a focus on understanding the unique experiences and challenges faced by Black individuals.
- Implement strategies to increase the representation of Black lawyers, judges, and court staff.
- Increase funding for Legal Aid services to ensure equitable access to quality legal representation for Black communities.
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:
- Review and revise security classification procedures and gang labeling procedures to ensure they are free from racial bias and do not disproportionately affect Black prisoners, and provide training for staff involved in the classification process to recognize and mitigate the impact of unconscious bias.
- Prioritize equitable access to education, vocational training, and other programming for Black prisoners to support successful reintegration into the community, and establish partnerships with community organizations that can offer specialized services and support to Black prisoners.
- Regularly review disciplinary practices to identify and address any racial disparities or bias in the treatment of Black prisoners.
- Ensure that involuntary transfer decisions are based on objective criteria and not influenced by racial bias.
- Develop alternatives to segregation ensure that decisions regarding its use for Black prisoners are free from racial bias.
- Review and revise use-of-force policies and training to ensure that correctional staff interactions with Black prisoners are free from racial bias, and provide ongoing training for correctional staff on de-escalation techniques and alternative methods to the use of force.
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:
- Ensure that decisions regarding temporary absences and parole are based on objective criteria and not influenced by racial bias.
- 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.
- 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.
- Ensure access to mental health services tailored to the specific needs and experiences of Black individuals, both during incarceration and upon release.
- Collaborate with community-based organizations and housing providers to secure safe and stable housing options for Black individuals upon release.
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:
- To identify trends and disparities in education services.
- To identify trends and disparities in child welfare services.
- To identify trends and target improvement in police interactions such as stops, searches, arrests, charges, and use of force.
- To identify and address racial disparities in the courts such as bail and sentencing decisions.
- To identify trends and disparities in applications and appointments to the legal profession and the judiciary.
- To identify trends and disparities in correctional institutions such as patterns of incarceration, use of force, and access to programming.
- To identify reintegration outcomes for Black individuals to inform the development of targeted interventions and policies that promote successful reintegration.
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?
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