Consultation findings
Social determinants of justice
Education
It was felt strongly that education is not only very important, but a critical piece that would support the reduction of Black people in the criminal justice system. Participants mentioned that they feel that their children shouldn’t be learning about their history in only a subservient role. Many young Black men are getting into high school and not receiving the needed learning resources to advance. It was mentioned that there should be a balanced approach to history being taught, and that Black people were not simply an enslaved people but originate from royalty in Africa.
Intentional efforts must be placed on getting our Black men out of the justice system. Participants discussed that one of the things that anchors our young Black men to their communities and schools is recreational activities, social activities, and sports. From a cultural lens, these activities help to provide the young men with “street cred”, socialization, and a positive prosocial outlet. However, as a punitive method in schools, participants mentioned that this is one of the first things to be taken away from them if they misbehave, or their academics slip. Participants felt that this is the beginning of the “School to Prison Pipeline”. A participant stated, “we need to think in terms of how are we putting a wraparound plan in place and not just looking to punish them?”
Intergenerational trauma
The participants referenced the intergenerational trauma existing within the Black community. Participants referenced “Adverse Childhood Experiences” also known as ACEs. Adverse Childhood Experiences (ACEs) encompass distressing incidents that transpire prior to a child turning 18. These incidents involve various forms of abuse and neglect, including parental substance misuse, imprisonment, and domestic violence. Moreover, ACEs also encompass circumstances that have the potential to traumatize a child, such as having a parent with a mental ailment or being part of a family undergoing a divorce. The participants talked about many if not all of our Black children experiencing some form of adverse childhood experiences, and the trauma they have experienced also being linked to criminal behavior and mental health challenges.
“We need to think in terms of how are we putting a wraparound plan in place and not just looking to punish them?” Participant
“If we look at ACEs for our children, we are then repeating those behaviors and the cycle allows for those disrupted family styles to continue. Our community has romanticized our past. If we look at ACEs and those who have been and all witnessed poverty, partner violence, sexually abused, or inappropriate relationships, sexualization of black men, multiple moves because of insecurity, or had a parent who had significant substance abuse. That is very loaded with no intentional interventions from an ACEs perspective. What are those community hubs integrated models of care? Why are we as a community still working in silos?”
A clinician who participated in the sessions stated that much of the anger experienced by Black Canadians is rooted in traumatic experiences. The clinician further states that “I remind my clients that we are sometimes both the victim and the perpetrator.”
A participant stated “In our experience with trauma from anti-Black racism, it sits with us forever and there are things we will never forget. To the general public of white people, they do not look the same and we are judged for being traumatized. A police officer arrested a person I know for ‘fitting a description’, they got roughed up, put in jail and then were just told that they were not the person they were looking for.”
The individual is expressing that they encounter trauma in a distinct manner compared to white individuals in society, and frequently feel unfairly criticized and penalized for being affected by it. They specifically highlight their experiences as a Black Canadian and emphasize how the combination of trauma and Blackness are often inseparable, although they manifest differently for white people. The mentioned judgment aspect could manifest as school suspensions or being apprehended by law enforcement. The main point being conveyed is that as a community, we frequently face traumatic experiences without the necessary support and systems in place to effectively address and heal from the harm we have endured.
“As a Clinician, I remind clients that we are both victims and perpetrators. Those are the nuances of people of ANS descent” – Participant
Recommendations
- Afrocentric cohort: Options within the schools for the students of African descent to participate in cohort style learning. In Nova Scotia, and in particular Auburn Drive High School in Halifax, there has been great success with this model of learning for Black students.
- Greater school representation: Overall better representation of Black people in schools, from administration to student support workers.
- Culturally responsive sup ports: In order to effectively address and acknowledge the culturally nuanced experiences of Black Canadians, it is imperative to establish comprehensive systems of support that can adequately tackle the intricate challenges they encounter. For example, a Black Restorative Justice Program, Black mental health system, Black Bail Alternative/supervision program.
- Reduction of punitive measures: Black students experience disproportionate rates of suspension and frequently feel unfairly targeted by educators. Instead of resorting to punitive measures, participants suggest that schools should rely on sports, cultural activity, recreational, and leisure activities as tools to connect students to the school and their community.
- Curriculum revitalization: Many students are only being exposed to an imbalanced portrayal of history and it is crucial to incorporate Black history into the school curriculum in a meaningful and substantial manner.
- Maternal health: There was a strong emphasis on promoting the well-being of the community and maternal health. Participants strongly believed that the early years should be utilized as a way to minimize risks and provide support for Black families. It was suggested that an all-encompassing program, based on successful approaches, should be implemented, taking into consideration the unique challenges experienced by our community. These programs should be established at key locations within the community to ensure accessibility.
- Mental health worker: The participants strongly believe that it is crucial to have mental health counselors or professionals who can provide support and guidance to young individuals facing legal issues related to racist conflicts within the court system. These professionals would help them navigate through this difficult period and guide them in the right direction.
Policing
Police interactions:
During the discussion, numerous accounts were exchanged by participants, recounting various incidents involving police that had deeply impacted them, leaving them traumatized, filled with fear, and harboring a deep sense of mistrust towards law enforcement. One mother shared her personal experience wherein her son who at the time was a minor, was apprehended by a police officer, and taken alone in the car to the police station. She relayed that her son had confided in her that the police officer had allegedly made threats of throwing him off the bridge. The parents sought to obtain information regarding the arresting officer, only to be advised to "file a complaint.” Participants did not feel that their experiences with officer complaints were successful. They did not trust the process and did not feel it was appropriate for the policing agency to investigate their own officers/colleague’s conduct. In all of the participants stories, the officer’s word was taken as the truth and the voice of the parents, or victim normally was dismissed. A participant also recounted a different incident involving her son, who was subjected to a terrifying ordeal when he was confronted at gunpoint by the police while waiting outside his workplace. The police mistakenly believed that her son matched the description of a person they were searching for, thus misidentifying him. It was particularly distressing because her son, who is on the autism spectrum, experienced severe trauma as a result of this incident.
A noticeable trend was that participants expressed a desire to be equipped with knowledge that would empower them to understand their rights and the limitations of law enforcement officers. According to participants, this information would have made them feel more comfortable because they would have known their rights.
“In the moment when going through legal battles, you need an organization that will really Listen to what you have to say and attempt to not only do what they can to help but really assist in helping your specific situation.” – Participant.
“She relayed that her son had confided in her that the police officer had allegedly made threats of throwing him off the bridge. The parents sought to obtain information regarding the arresting officer, only to be advised to file a complaint”. – Participant
“There is an inherent state of paranoia with Black people around police. Almost where you feel like you have a fight or flight mentality” – Participant
Recommendations:
- Independent police oversight: Participants would like to see a body that is independent of the police and government systems. This would eliminate the bias that participants have raised and restore some confidence in making complaints.
- Community oversight: A community group, or conglomerate of organizations that work to oversee policing bias, provide public accountability and help to repair trust.
- Knowing their rights and legal information: Legal rights and information was highlighted as very important for participants. They want to be armed with the knowledge of their rights to be able to navigate police interactions.
- General court knowledge: General available knowledge of the court system and how it works. This would be tangible information accessible to the public to grasp a general understanding of how the court system works.
- Deliberate police and community interaction: Participants would like to see police showing up to their events with no agenda. Participants felt that “community policing” and relationships have been lost.
- Public “outing” of racist interactions: When/if a racist happening takes place, participants felt that it was appropriate to make the officer known to the public who has been found to commit and act of racism.
- Policing standards review: Provide the public with meaningful opportunity to review the policing standards. In NS policing standards are being reviewed currently, however, participants were generally unaware.
“A family member (youth) was driven in a cop car over the bridge from one side to the other and the cop asked the kid if he wanted him to throw him over” – Participant
Corrections
In order to effectively assess high risk individuals, participants felt that it is important for risk assessment tools to incorporate a cultural perspective. Therefore, all tools used within correctional facilities should be carefully examined through an anti-Black lens and approached with sensitivity. It has been observed that the prison environments do not promote restoration for Black Canadians and instead foster maladaptive coping mechanisms. The participants recognized that in order to survive within the prison culture, Black individuals often feel the need to resort to violence or become victims themselves. These environments do not support positive and pro-social mental health.
Black Canadians who are incarcerated need to have more support and connection to people inside who are genuinely invested in their overall well-being.
Recommendations
- Assessment tool review: Review of criterion for assessing high risk offenders, as well as the implications of being deemed “high-risk”.
- Assessment tool standardization: A standardized process for collection and use of assessment criterion and data.
- Healing assessment tool: In contrast to a tool that assesses “high-risk” offenders, participants felt it to be important to have a counterbalance tool. This tool would be used to assess the level of healing and support needed for Black offenders.
- Trauma centres’: Trauma centers and healing spaces inside of the prison.
- Black justice advocates: Participants are advocating for the presence of Black staff members within the prison system to ensure that Black inmates receive the necessary treatment, resources, and support they deserve.
- Survey: Conducting a yearly survey for incarcerated individuals of African descent through an independent organization serves as a consistent mechanism for monitoring their situation. This practice enhances transparency, guarantees resource allocation, and maintains an up-to-date understanding of their evolving requirements.
“They are creating environments in prison that amplify maladaptive coping skills” – Participant
Reintegration
Ensuring sufficient and fitting reintegration assistance prior to being released from incarceration is crucial for Black Canadians.
“When you go from making about 15 to 20 decisions a day in prison, to now making 100s a day all the way down to what they wear.”
This quote above acknowledges that while incarcerated, many of the decisions are made for you, and you are provided direction on almost all of your daily tasks/schedule. To abruptly go from making minimal choices to now deciding everything, places formerly incarcerated persons at a high risk to reoffend if not properly supported. Participants provided an example of an individual who was incarcerated and released into Quebec but does not and has never spoken French.
Below is a paraphrase of a discussion and important questions to consider that were asked during the engagement sessions:
What does the process of family reintegration entail? How harmful is it for children to witness their loved ones imprisoned? What does it involve for individuals to reconnect with their children? Even when considering halfway houses, it is vital for the Black community to embrace and support families. It is our responsibility to ensure that family integration is easily accessible, and we should arrange family celebrations as part of this effort. An incarcerated individual expressed missing the presence of a pastor who could spiritually nourish them. It is not uncommon for people to convert to Islam in order to have access to better quality meals. These circumstances raise important questions: Do we truly have a need for prisons? What is the purpose of prisons when it comes to the Black community?
“When you go from making about 15 to 20 decisions a day in prison, to now making 100s a day all the way down to what they wear” – Participant
Reintegration
Recommendations
- 90 Days prior: The attachment of a "Justice Navigator" to the person being released should be initiated 90 days before their release date. This allows sufficient time for the navigator to establish essential support systems, enabling the person to seamlessly reintegrate into the community upon release, without the burden of having to start from scratch and navigate the process on their own.
- Criminal records policy: Considering modifications or potentially removing employment policies related to criminal records is necessary. When individuals have fulfilled their obligations to society by serving their jail sentences, it is unfair that they face additional penalties that prevent them from being accepted for employment opportunities due to their criminal records.
- Mental health counselling: Mental health counselling should be done before, during and after a sentence. This can include but not limited to what participants are calling “Trauma-Informed Reintegration”.
- Bail support: Black individuals who are granted bail do not receive any assistance or support from the prison system. This gap in support during the waiting period significantly increases the risk of re-offending. It is crucial that support is provided to them during this stage.
“They are creating environments in prison that amplify maladaptive coping skills” – Participant
Immigration
Despite the lack of extensive discussion on immigration, participants in the engagement sessions in Nova Scotia still offered recommendations. The topic of immigration was not highly relevant to many of the participants or their respective communities.
Recommendations:
- Policy change: Participants discussed relaxing the requirement for individuals waiting to work or attend school as an immigrant.
- Appeals: Allow greater appeal procedures for those who receive removal orders based on criminal convictions. These appeals should be subjected to an “Anti-Black Racism” lens, similar to the work of Impact of Race and Culture Assessments (IRCAs). As well, reduce the number of offences and the circumstances that can lead to a “non-citizen” being removed from Canada for a criminal conviction.
Data collection
Despite the lack of extensive discussion on data collection, participants in the engagement sessions in Nova Scotia still offered recommendations.
- Collection and use: Develop data standards for collection and use of race-based data.
- Transparency: Demonstrate the disparities within the system and juxtapose the information concerning Black individuals in the community with other racial groups to highlight contrasts and make publicly available.
- Interpretation: It is crucial to inquire about who would be responsible for interpreting this data, ensuring that the experiences of Black Canadians are accurately portrayed and not distorted by biased interpretation or collection methods. Mishandling of this data could potentially transform it into a detrimental rather than beneficial force.
“Mishandling of this data could potentially transform it into a detrimental rather than beneficial force.” - Participant
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