Corrections

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The over-incarceration of Black people in Canada, along with their experiences within correctional institutions, continues to garner significant public attention and concern. While a small number of studies document the overrepresentation of Black people in provincial institutions (see for example, Owusu-Bempah and Wortley, 2014; Owusu-Bempah et al., 2023), limited data at the provincial/territorial level means that much of our understanding of the incarceration of Black people in Canada centres on the federal system. Recent reports from the Standing Senate Committee on Human Rights (2021), the Auditor General of Canada (2022), and the Office of the Correctional Investigator (OCI, 2022), all highlight the overrepresentation of Black people in federal corrections and document negative experiences across a host of correctional outcomes. Data from 2021-2022 show that Black people make up 9.2% of the overall population in federal custody, despite making up 4.3% of the general Canadian population (OCI, 2022; Statistics Canada, 2022).

The OCI’s annual report for 2022 includes an “Update on the Experiences of Black Persons in Canadian Federal Penitentiaries”, building upon the agency’s ground-breaking 2013 investigation, “A Case Study of Diversity in Corrections: The Black Inmate Experience in Federal Penitentiaries”. The OCI’s (2013) study found negative outcomes and experiences for Black prisoners across key correctional areas/outcomes including security classification, access to programming and employment opportunities, involuntary transfers, institutional discipline, the use of force, solitary confinement, and parole. The OCI's updated study reveals minimal changes since its 2013 investigation and, in some respects, conditions for federally incarcerated Black individuals may have worsened. The OCI (2022) notes the persistence of institutional racism, challenges in accessing culturally-relevant services and interventions, and correctional programming that does not reflect their lived experiences, as important challenges facing Black prisoners. The OCI concludes its 2022 report by stating that “all of the problems and concerns identified in the Office’s 2013 investigation, including racism, discrimination, stereotyping and labelling of Black prisoners remain pervasive and continue to raise significant concerns” (OCI 2022, p. 69). These concerns are echoed in the Standing Senate Committee on Human Rights and Auditor General of Canada reports cited above.

Incarceration represents one of the greatest deprivations of liberty an individual can experience in Canada. The findings of previous research call for a thorough examination of the correctional experiences of Black people, and a reassessment of current approaches to managing this vulnerable population within corrections. While there remains a need to better understand the correctional experiences of Black prisoners, the insights and recommendations advanced in previous research and commissions of inquiry such as those documented above, demand attention.

Recommendations

Short term

86. In order to maintain familial relationships and ties to the community, telephone call costs for individuals in federal correctional facilities should, within reasonable limits, be covered by the correctional system instead of by prisoners.
    • The federal government should work with provinces and territories to expand this measure to provincial and territorial institutions.
87. Provide supports for the families of Black people who are incarcerated. For example, by providing funding for transportation, food, subsidies for lodging to support overnight stays. This funding should also support childcare costs to ensure that those incarcerated can stay connected to their families.

Medium term

i) The Correctional Service of Canada (CSC) cease using the “Ethnocultural Offender” label, amend associated policies and practices, and treat Black people as a distinct group.

Despite ongoing efforts to improve correctional experiences and outcomes for Black prisoners,^{Footnote 10} CSC continues to utilize its “ethnocultural offender” designation to develop policies and interventions aimed at meeting the needs of Black and other racialized prisoners. CSC defines an “ethnocultural offender” as “any offender who has specific needs based on ethnicity, culture, religion or language and who has a desire to preserve their cultural identity and practices”.^{Footnote 11}

The use of the term “ethnocultural offender” by CSC, particularly when applied to Black people, demands critical review. The failure to explicitly address race within the “ethnocultural offender” classification is a critical flaw; it overlooks the importance of race in structuring life outcomes, and seemingly negates the impact of systemic racism and racial discrimination that significantly impact the lives of Black individuals, both within and outside the correctional system. Black people face severe overrepresentation in the Canadian correctional system, and experience a host of negative correctional outcomes, a reality that cannot be fully understood or addressed without acknowledging the influence of race, in addition to factors such as culture, ethnicity and religion.

By not explicitly considering race, and more clearly identifying Black people as a distinct category, rehabilitation programs and policies developed for “ethnocultural offenders” may fall short in addressing the unique challenges faced by Black prisoners. These challenges include dealing with racial bias, discrimination, and the long-term effects of systemic racism, which require specific attention and strategies beyond what might be provided under a general ethnocultural framework.

Below is a list of suggested actions:

88. Cease Use of “Ethnocultural Offender” Label: CSC should discontinue the use of this label, which generalizes and fails to recognize the distinct challenges faced by Black prisoners. The cessation of this label is the first step toward acknowledging the unique racial and socio-economic experiences of Black prisoners.
89. Amend Policies and Practices: Revise existing policies and practices to ensure they are race-conscious and address the specific needs of Black prisoners. This includes reforming rehabilitation programs, intervention strategies, and reintegration plans to be more inclusive and effective for Black individuals.
90. Create Specific Programs for Black Prisoners that:
    1. are culturally relevant to Black people and trauma-informed;
    2. are oriented toward rehabilitation and self-development, providing cognitive-behavioural approaches to deal with mental health and addiction issues, acquiring academic diplomas, providing skills that are transferrable to needs in the labour market (especially those connected directly to employment opportunities upon release); and
    3. are developed and implemented in partnership with community organizations.
91. Education, Training and Awareness for Staff: Implement comprehensive education and training programs for CSC staff to enhance their understanding of systemic racism, racial discrimination, and the unique challenges Black prisoners face. This education and training should foster a more empathetic and informed approach in dealing with Black prisoners.
92. Public Reporting and Transparency: Ensure transparency by publicly reporting the progress and outcomes of these measures.

A more comprehensive approach is needed, one that recognizes Black prisoners as a distinct group due to their unique racial and socio-economic experiences, while also respecting their cultural and ethnic diversity. Such an approach is crucial for effectively addressing the systemic factors contributing to the overrepresentation of Black prisoners and for ensuring that programming, interventions, and reintegration strategies are appropriate, equitable, and effective.

ii) CSC should undertake a comprehensive external review and validation of its risk assessment and classification tools to ensure suitability for Black people.^{Footnote 12}

93. In light of the ongoing concerns regarding the treatment and classification of Black people within Canada’s federal correctional system, we recommended that CSC undertake a comprehensive external review of its risk assessment and classification tools (e.g., the Custody Rating Scale and Security Reclassification Scale) to ensure their validity and suitability for Black people. This review should be conducted with the following objectives:
    • Assessing Cultural and Racial Bias: The review should specifically assess the extent to which current risk assessment and classification tools may embed cultural or racial biases that disproportionately affect Black prisoners. It is essential to determine if these tools are inadvertently perpetuating systemic racism or misrepresenting the risk levels of Black people.
    • Involving Experts and Community Leaders: The review should be conducted by an independent panel comprising experts in criminal justice, psychology, and sociology, with a significant representation from leaders drawn from Black communities and those with expertise in anti-racism and racial (in)justice.
    • Comparative Analysis: The review should include a comparative analysis with other jurisdictions that have taken action to reform risk assessment tools to reduce racial biases. Learning from these models can provide valuable insights into potential improvements and innovations.
    • Public Transparency: The process and findings of the review should be made public to ensure transparency and build trust within the community. This transparency is crucial for demonstrating CSC’s commitment to anti-racism, fairness and equity.
    • Recommendations for Reform: The review should result in concrete recommendations for reforming current risk assessment and classification tools. These recommendations should focus on eliminating racial bias, increasing cultural sensitivity, and ensuring that the tools accurately and fairly assess risk for Black prisoners.
    • Implementation and Follow-up: Following the review, CSC should develop a clear implementation plan to incorporate the recommended changes. This plan should include timelines, accountability measures, and a framework for ongoing evaluation of the effectiveness of the revised tools. Additionally, CSC should commit to regular follow-up assessments to ensure that the implemented changes continue to serve their intended purpose and adapt to evolving understandings of racial and cultural dynamics. The commitment to this external review and the subsequent implementation of its findings are critical steps for CSC to address systemic issues and ensure that its practices are fair, unbiased, and suitable for all individuals, particularly people who are Black.

iii) CSC should undertake a comprehensive external review of its use of force policies and practices.

94. CSC should conduct an external review of its use of force policies and practices, specifically addressing the overrepresentation of Black individuals in use of force incidents. This review should thoroughly assess the extent of this disproportionality, explore preventative interventions to reduce the use of force involving Black prisoners, and critically evaluate CSC's related training programs for cultural sensitivity and racial bias.
95. Furthermore, the CSC should work in earnest to address the recommendations previously advanced by important government bodies and agencies, including the OCI (2022), the Auditor General of Canada (2022), and the Senate Standing Committee on Human Rights (2021).
96. Limit the use of Structured Intervention Units ^{Footnote 13} (SIUs) for Black prisoners:
    • Implement regular reviews of SIU placements to identify potential patterns of racial bias;
    • Provide training for staff on the impact of racial bias in SIU placement decision-making and strategies to mitigate its influence;
      • Comprehensive training in anti-Black racism must include the Independent External Decision-Makers who review an offender’s time in an SIU.
    • Amend the Corrections and Conditional Release Act to include consequences to an institutional head where a matter is not referred to an Independent External Decision-Maker within the prescribed time frame; and
    • Include consequences to institutional staff where the SIU provisions of the Corrections and Conditional Release Act are not followed without justification.
97. Reevaluate gang labeling practices:
    • Implement transparent and fair criteria for gang labeling and provide an accessible process for prisoners to challenge gang labels; and
    • Regularly review gang affiliation criteria to ensure their accuracy and prevent over-labeling.
98. Examine involuntary transfer policies:
    • Implement regular reviews of transfer decisions to ensure compliance with guidelines and to identify potential issues of racial inequity.
99. Promote equitable access to temporary absences for Black prisoners:
    • Mitigate the impact that systemic racial inequalities in correctional outcomes has on access to temporary absences (for example, racial inequities in risk assessments and security classification, inequities in disciplinary practices, inequities in assessments of institutional adjustment and attitudes towards the justice system); and
    • Ensure that decisions regarding temporary absences are based on objective criteria and not influenced by racial bias.
100. Address racial disparities in institutional discipline ^{Footnote 14} that have been demonstrated to negatively affect Black prisoners:
     • Regularly review disciplinary practices to identify and address any racial disparities or bias in the treatment of Black prisoners;
     • Implement regular audits of disciplinary actions to identify potential patterns of racial bias; and
     • Provide training for staff on the impact of racial bias in disciplinary decision-making and strategies to mitigate its influence.
101. Improve the complaints processes for prisoners:
     • Establish a transparent and accessible complaint process, with appropriate oversight.
102. Increase accountability within correctional institutions, ensuring staff are addressing unnecessarily punitive practices such as dehumanizing, neglecting, brutalizing, or harassing Black people by:
     • Creating legislation that outlines the parameters of acceptable practices, and prohibits and/or legally penalizes behaviour that transgresses parameters. The efficacy of this legislation should be assessed;
     • Mandating and funding de-escalation education and training; and
     • Work with the provinces and territories to fund and develop independent provincial/territorial oversight bodies for correctional facilities that handle misconduct within institutions and that can penalize staff members through firings and legal action. The oversight body should be evaluated for efficacy.
103. Work with provinces and territories to establish a nation-wide database that tracks complaints and penalties for staff in custodial settings. Prohibit hiring correctional staff that have been terminated for misconduct in other institutions.

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