Findings

Social determinants of justice

Most participants identified socio-economic and race as factors that increased their interactions with the justice system but being Black appeared to be the overriding factor in their interaction with police and the justice system. Participants also highlighted the significant role social determinants of justice play in their daily life and consistently talked about the lack of opportunities for education and employment for Black communities and how this leads to low-income status and living in substandard housing.

Further, participants expressed how Anti-Black Racism permeates in policies and practices of schools, housing, employment, health, child welfare, and the justice system. Some shared experiences that illustrate the attitudes, prejudice, and discrimination directed at them. The experiences they shared indicate Anti-Black racism exists in unconscious and conscious biases by individuals and institutions (for example, healthcare, housing, education, employment, justice, and policing, etc.). These experiences are inextricably linked to and create the vicious cycle that prevents members of Black communities from participating as active citizens in the Canadian society.

Some participants also indicated that the disparities they face on a daily basis are deeply rooted and systemic in nature and contribute to interactions with the justice system. For others, the problem starts in education. One participant shared, “school had an impact because I was left feeling less intelligent due to my social status, even though I was helping other kids. I was the one who was left with lower marks as if I were cheating off them”. Another participant talked about the bias and unfair treatment that Black students receive: “If two students get in a fight, the Black student will face more injustices and all the blame is put on them. This is where the adversity starts.” Similarly, another participant shares, “I was put in a behavior class automatically when I disagreed with something. I was seen as rebellious.” Black parents place trust in teachers and yet their children encounter many issues that impact their self-esteem and self-confidence. This leads to further marginalization in school where social workers and guidance counselors fail to support parents and their children. This plays a significant role in their interaction with the justice system down the road, where the school system serves as school-to-prison pipeline.

The difficult experiences participants shared indicate that their interaction with the justice system is a culmination of daily Anti-Black racism, discrimination, and exclusion from opportunities. Comments some participants shared illustrate this point:

“A participant shares the experience of a Black teenager – While innocently attending school, police tell a Black teenager, you must be shooting there in your school.”

“A participant shares the experience where their young son squabbled with sister and called 911. Police bang on the door and there a white male officer shoved the mother (was pregnant at the time) and escorted her to change while he watched. While she was changing, the children got taken from the house.”

“A participant shares the experience of Black teenagers, who were asked to be on their knees, searched, and get arrested. The police said repeatedly, these monkeys, always causing trouble.”

Policing

The overwhelming response from the diverse participants regarding their interaction with the police is one that is marginalizing and oppressive. Participants felt that police often used their power to discriminate and abuse instead of protecting them as Canadians or residents. They often feel disregarded or worse, fall victims to police brutality and felt that the police often initiate the interaction. For instance, a few indicated that the police pulled them over while driving and there was no reason other than “driving while Black.” One participant shared; the police stopped them because they lived in a predominantly white neighborhood. Others added; the police stopped them because they fit the identity of a suspect, including when they were attending school.

In all the interactions with the police that participants shared, there was no instance where the police were courteous and considerate in their interaction with members of Black communities. Despite negative experiences, participants expected the police to treat and address them with respect, explain the reason for stopping them, and use common sense when dealing with minor offences, especially with young people. However, almost all participants indicated being roughed up, punched, slammed to a wall, and received racist insults. One participant shared the experience of Black youth who were stopped for no reason, searched, arrested, and received racist insults. Another participant shared the experience of their brother – the police asked their brother to take hoodie off because they reside in predominantly white neighborhood. He was interrogated for an investigation that was going on. The police tried to force an answer out of him, punched him in the face, grabbed him by the neck and slammed him against a concrete wall. He was left with injuries to the jaw. He was 17 years old. Two participants shared similar experiences of being pulled over while driving. There was no apparent reason for pulling them over. The experience of one was more harrowing than the other. Participant was driving at night and pulled over by the police near their home. They were interrogated for suspicious activity that was not related to them. They wanted to call their father; the police would not let them.

It is not difficult to see from the experiences many participants shared a pattern of police behavior that is not in line with the motto, “to serve and protect.” The experiences they shared are unsettling and paint a difficult picture. It is troubling when the interactions of the diverse participants with the police is almost identical and can be summed up as, “police stopped members of Black communities for no apparent reason and members of Black communities are interrogated, disrespected, insulted, and abused.

Participants also highlighted the experience of Anti-Black racism in everyday interactions Canadians. These experiences reflected the beliefs, stereotypes and attitudes in society that emanated from colonialism. In these interactions, they experienced bias and viewed with suspicion. One experience a participant shared vividly illustrates Anti-Black racism. The encounter was at an optical store, where they went to pick up their prescription glasses. On a minor issue, the store clerk threatened to call the police. When law enforcement arrived, they took the side of the store clerk. The police instructed them to leave the store without hearing their side of the story. Fearing arrest in front of their son, they left. Others expressed similar encounters where the police believed the other party without conducting proper investigation. Participants also talked about the anxiety they feel when interacting with the police. For instance, some participants talked about how they find themselves warning their children to be hyper vigilant when going out or entering stores, simply because they are Black.

Moreover, participants talked about the traumatic experiences of interacting with the police, including the impact on their mental health. They shared how police interactions have resulted in trauma for their children, profoundly affecting their behavior. For example, one participant described a traumatic incident where police forcibly entered their home at night and searched and frisked the youth living in the basement. The police treated them and their children with disrespect. The incident was deeply traumatizing for all of them. Participants felt that these marginalizing and traumatic experiences are not talked about enough and there is lack of awareness in the larger society about these difficult interactions between members of Black communities and the police.

Some participants shared their perspectives on improving relations with the police. They struggled to think about ways to improve relations given their experiences, where police officers are known to employ excessive force, causing physical harm and injury. The excessive use of their power often results in violation of individuals' Charter of Rights and Freedoms. These difficult experiences make it difficult to think about ways to improve relations. Participants felt that there is huge “trust deficit” between police and members of Black communities and viewed efforts, such as community policing as instruments of control and community division. For instance, one participant said, “They [police] are fake friendly.” Another participant remarked, “They [police] use people as informants, turning community members against one another.”

The experiences of interacting with the police that participants shared is consistent with the studies and evidence the framework cited – that participant expressed a negative view of the police, and many indicated that they were victims of police violence.

Courts

Participants mostly described their experiences on the courts as unpleasant and frustrating. They felt that the judges and lawyers didn’t treat them fairly and didn’t consider their interest in the court process. For instance, one participant found the bail process to be rough and felt trapped when there was a request for an ankle monitor. It wasn’t going to work out and they ended up back on the court in a month. Another participant concurred that the ankle monitor was an impediment and made them feel they are away from their community. It created barriers for them. In addition, participants felt that the court process uses a tougher approach when dealing with members of Black communities. Participants felt that there was bail discrepancy between different races and members of Black communities receive harsher sentences compared to other races who commit harsher crimes. For instance, one participant stated, “I was given a weapon ban x 3 for drug charges and ended up in jail for a bb gun. I am currently fighting to get bail.” Participants also felt that there is racial disparity in legal representation and case outcomes because financial barriers make it difficult to get experienced lawyers who can represent them well and fight for their cases till the end. For example, one participant talked about how legal aid lawyers tried to persuade them to take pleas instead of fighting their case.

Corrections

Participants generally described their experiences in corrections as unpleasant. They shared experiences of discrimination, stereotyping, racial bias. They talked about the power imbalance exist in corrections evidenced by the taunting and provoking directed by correction officers at inmates. Corrections officers and deputy’s actions indicate that they are above inmates and use harsh and derogatory language that makes inmates feel marginalized. Participants also indicated that there is limited support for inmates to gain skills in areas that would help them reintegrate successfully post-incarceration.

Community reintegration

Participants talked about several barriers and challenges they face in reintegrating into the community. They found the labels, stigma of being labeled as an offender, and other cultural barriers tough to overcome. These labels often stick, making it difficult for them to close their past and move forward. Others also mentioned the difficulties they face to process the trauma and experiences they encountered inside, which significantly reduce their confidence and mental well-being. This often leads to increased levels of mental health challenges and causes added stress and stigma. Others indicated that the stress and stigma they face sometimes come from their support system and contribute to isolation from their community and support systems. Participants also talked about the impact lack of adequate support has on successful reintegration. The absence of guidance upon release and inability to navigate the system further complicates reintegration. Some participants added that there is often no safety plan in place. This results in isolation from loved ones and support systems and makes reintegration more challenging. This can delay reintegration and potentially lead to reoffending. For example, one participant shared experience that illustrates this point:

“I have a friend who experienced a heart-wrenching situation with her son. He was scheduled for release from jail, offering a glimmer of hope for reintegration into society. However, upon release, he had an altercation with a probation officer that escalated, eventually leading to involvement with the justice system after a confrontation with the police.”

Participants underscored that reintegration is an uphill battle and it is made more difficult because of the gaps in effective programs and resources available inside institutions prior to release from incarceration. They identified the significant role advocacy can play in the process of reintegration and emphasized the importance of culturally sensitive support and guidance. They also emphasized the critical role of reintegration workers in providing support, including housing, mental health, employment, and food security.

All in all, participants highlighted how the burden of criminal records, cultural barriers, and the stigma associated with criminal past make successful reintegration very challenging for members of Black communities. Particularly, they emphasized how criminal records create significant obstacles for young people, who lack guidance and support in their attempt to successfully navigate the challenging journey of reintegration.

Victims of crime

Some participants shared their experience as victims of crime or witnessing crime as a collective experience that impacts not just individuals, but the whole community. For instance, one participant said, “Speaking from the heart of our community, we've all experienced victimization and witnessed crimes. Another participant added, “As a collective, we've endured the loss of too many young souls, and we're still processing that pain, which often goes unrecognized.” Others also talked about specific experiences of victimization that happened to them or others. One participant shared about a parent whose son was shot in the head and shoulder who was known to be soft-spoken boy. Police came to the scene, but justice is not yet served. They [police] are there without serving justice for Black victims and added, “check the TPS website and you will see all of the unsolved killings of young Black men.” Another participant talked about three people who got shot who have not been involved with the law and asked, “where do the parents of these children find accountability?” These are harrowing experiences that traumatized individuals, families, and communities.

In addition, participants talked about the lack of support for those who have experienced and witnessed crime. They indicated that there is a significant gap in services and resources for emotional support in Black communities. For instance, one participant said, “Even with our school systems where students who have lost loved ones, they receive little support.” Some participants spoke about how they lean on their culture and faith to heal because the system often falls short in offering the necessary support. One participant also highlighted the difficulty of seeking support because it can be re-traumatizing for some. They added, “Our mothers are traumatized too, yet they're often scared to ask for help.”

Further some participants seem to have little confidence in the system to provide the required support and vowed to advocate for themselves. They are mobilizing as a community to address trauma. Despite the challenges, they expressed commitment to advocate for victim's families, and talk more openly about trauma. Participants who are recent immigrants offered a nuanced perspective. They acknowledged how unprepared they felt for the challenges they faced, particularly with respect to their relationship with youth. They acknowledged the need to open lines of communication so that their children and youth feel free to talk to them. They stressed that building strong relationships with their children is crucial to expressing their feelings with them.

The importance of improving housing conditions within the Toronto Community Housing was also highlighted. One participant recounted a terrifying incident involving her granddaughter where a stray bullet lodged in their closet and underscored the lack of support for mental trauma in the aftermath. Others called for more support systems for Black communities that take account of their diversity and diverse needs. They lamented the system's tendency to homogenize Black communities and their experiences and put ineffective supports. They called for the need to understand the diverse needs and experiences of Black communities. The comment, “Not all skin folk are kin folk” one participant shared aptly made the point.

Immigration issues

Most participants shared their concerns about the immigration consequences for non-citizens who are convicted of crime. They expressed their concerns about the lack of education and awareness among immigrants. Although most participants could not share their own or someone else’s deportation experience, they shared anecdotes of young men sent back to their countries of origin with dire consequences to their lives. For instance, one participant who is a healthcare provider spoke about men who lived in Canada since they were two deported. Some participants felt that it is unfair for Canada to deport young people who have lived most of their life in Canada and strongly felt that it should be Canada’s responsibility to support them.

Furthermore, participants talked about the lack of awareness on immigration laws among immigrants and the limited support they receive to help them understand their rights and responsibilities, and deal with culture shock. For example, one participant shared, “young people get involved with friends into trouble because they did not know any better that time that they could be deported. Help new immigrants to handle culture-shock and go through the whole adjusting process.” Highlighting Canada’s responsibility, another participant commented, “young men being sent back “home” have learned the wrong doings here not back “home”, and so, if they are a problem, they are a Canadian problem.” The consensus among participants was that nobody who comes to Canada under the age of 18 should be deported to countries where they have no contact, no families, and no prospects. Immigrants should be provided with services so that they can learn their rights and responsibilities, but not to be manipulated by the system.

Data collection

While participants agreed with some of the suggested areas for the collection of specific race-based data, they didn’t offer suggestions as to how race-based data can be collected and used. However, some shared concerns about the lack of representation and inclusion of Black communities in discussions about why data is collected and for what purpose. Others expressed their concerns about data collected from Black communities because the results are hardly reported back to Black communities and the changes Black communities expect often fail to materialize.

Participants talked about how the system homogenizes Black communities and their experiences and called for sustained investment to better understand the needs and challenges of the diverse Black communities and design culturally responsive interventions. What can be inferred from this sentiment is, a need for critical look at the current data collection practices and develop inclusive and culturally sensitive data collection approaches with and for Black communities.