Canada’s Black Justice Strategy: Frequently Asked Questions

Canada’s Black Justice Strategy aims to address the anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in the criminal justice system, including as victims of crime.

The Strategy’s Implementation Plan is a 10-year phased approach that includes initial responses to the 114 recommendations made by the external Steering Group to reform the criminal justice system so that all people in Canada have access to equal treatment before and under the law.

The external Steering Group’s Report and work to assist the government with implementation is grounded in an intersectional, anti-Black racism, and anti-oppression lens that responds to the diverse histories, backgrounds, experiences and regional realities of Black communities in Canada.

Black people continue to suffer from inequalities and the intergenerational legacy of trauma caused by anti-Black racism and systemic discrimination. Many people within Black communities have worked hard to address challenges in areas including poverty, mental health, education, housing, employment, and to support victims and others involved in the criminal justice system. For decades, Black communities have been calling on governments to respond to the impact of these realities.

In response to 2017 Report of the United Nations Working Group of Experts on People of African Descent and long-standing calls from Black communities, the Prime Minister tasked the Minister of Justice and Attorney General of Canada in the December 2021 mandate letter to develop the Strategy with the support of the Minister of Housing and Diversity and Inclusion, and in consultation and cooperation with provinces, territories and Black communities. The Minister of Public Safety and Emergency Preparedness was also tasked to support the development of the Strategy. The Strategy will help address the anti-Black racism and systemic discrimination in the criminal justice system faced by Black people in Canada.

International commitments

Beyond Canada, the United Nations has recognized the need for countries to address the distinct legacy of slavery and colonization and the ongoing impact on Black people whose human rights must be promoted and protected. In 2013, the United Nations declared 2015 to 2024 as the International Decade for People of African Descent (the UN Decade). The UN Decade provides an important framework organized around three pillars: Recognition, which ensures the acknowledgment of the rights and voices of marginalized groups; Development, focusing on sustainable economic and social progress; and Justice, promoting access to fair legal systems and human rights protection. Canada’s Black Justice Strategy aligns with the Justice pillar of the UN Decade, focusing on promoting equality, addressing systemic discrimination, and ensuring equitable access to the legal system for Black communities across the country. This means acting on the issues that affect people of African descent in Canada, including improving research and data collection and confronting the overrepresentation of Black people in the criminal justice system, including as victims of crime. Since 2018, the Government of Canada has committed up to $872 million to Black-focused initiatives – from entrepreneurship to supporting Black communities. In February 2024, the Right Honorable Justin Trudeau, Prime Minister of Canada, announced the domestic extension of the Decade until 2028 to continue using this framework to make transformative investments in Black-focused initiatives. The Second International Decade for People of African Descent (2025-2034), co-sponsored by Canada, was adopted by the United Nations General Assembly on December 17, 2024.

Bringing transformational change

The Mandate letter commitment responds to calls to action from Black communities and the recommendation in the 2017 UN Report. Justice Canada is continuing the work to address anti-Black racism and systemic discrimination by implementing the Strategy with advice from an external Steering Group of experts and leaders from Black communities across Canada. Other federal government departments and agencies are also working on initiatives in their areas of responsibility.

Black communities rightfully expect transformational change to address longstanding systemic discrimination so they can fully realize their constitutionally protected rights.

Black people in Canada experience barriers and unequal outcomes caused by anti-Black racism and systemic discrimination in many areas of society. They experience disproportionately negative treatment by the police and in other areas of the criminal justice system.

There are many factors that contribute to Black people’s experiences with the criminal justice system, such as income, employment, housing, education and health. Where data is available, research shows that Black people frequently fare poorly in those areas compared to the rest of the population, with lower-than-average incomes, higher rates of unemployment, less access to safe and stable housing, poorer educational outcomes in Canadian schools, and poorer health and mental health outcomes. Statistics Canada has said that more research is needed to figure out why these negative outcomes happen, as factors like income and social status do not fully explain the differences.

In a landmark court case in 2014, Robert Wright pioneered the use of Impact of Race and Culture Assessment (IRCA) reports to highlight the impact of anti-Black racism and systemic discrimination on accused persons before the courts. In recent years, two Canadian courts of appeal—Nova Scotia in R v. Anderson and Ontario in R v. Morris—have accepted the importance of IRCAs in considering cases before them involving a Black person who is accused. The Court in Morris noted that “It is beyond doubt that anti-Black racism, including both overt and systemic anti-Black racism, has been, and continues to be, a reality in Canadian society…”

Beyond supporting the use of IRCAs in the Canadian criminal justice system, there is much more to do to address anti-Black racism and systemic discrimination in our society. Canada’s Black Justice Strategy will seek to address the gaps and barriers that exist in the criminal justice system to ensure that Black people across Canada have access to equal treatment before and under the law.

The Plan is a 10-year data driven phased approach to take action to combat the anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in the criminal justice system, including as victims of crime. The Plan takes a targeted and phased approach to allow for the design and development of Black-specific interventions to effectively address overrepresentation and the issues that increase risk of contact and involvement with the criminal justice system.

The 2024 Fall Economic Statement proposes investments to establish Canada’s Black Justice Strategy by strengthening institutional knowledge of anti-Black racism and expanding access to Black-specific programs and services, including for Black victims and survivors of crime. The Implementation Plan for Canada’s Black Justice Strategy would be supported by these investments.

The external Steering Group is comprised of experts and leaders from different Black communities across Canada. Their report provided 114 recommendations for concrete change to address the overrepresentation of Black people in the criminal justice system, including as victims of crime. The Steering Group will continue to provide strategic advice to the Government of Canada on the implementation of Canada’s Black Justice Strategy.

Members of Black communities from various backgrounds were included in the process through the consultations and engagements conducted by Black-led community-based organizations.

For Black people living in Canada who were unable to participate in community consultations, as well as for representatives of organizations that provide justice-related services and supports to Black communities in Canada, Justice Canada also launched an online survey.

For more information on consultation and engagement activities, please consult the Consultations and Engagements page.

Each community-based organization leading consultations and engagements delivered a summary report on what they heard to the Steering Group. Justice Canada also shared the results of the online survey with the Steering Group.

Using the summary reports provided by these organizations and the results of the online survey, the external Steering Group developed a report with 114 recommendations to reform the criminal justice system and address the overrepresentation of Black people, including as victims of crime.

Read the Steering Group’s report: A Roadmap for Transformative Change: Canada’s Black Justice Strategy.

Canada’s Black Justice Strategy acknowledges the anti-Black racism and systemic discrimination that is deeply rooted in social systems and contributes to negative experiences and outcomes for Black people. The Strategy will help to address the anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in the criminal justice system, including as victims of crime.

The Strategy aims to ensure equal treatment for all people in Canada by confronting anti-Black racism and systemic discrimination. Everyone in Canada has a stake in the Strategy – the implementation of the Strategy will help increase confidence that the justice system is equal for all people in Canada.

Originating from the Twi language of the Akan people in Ghana, Sankofa is a principle that underscores the importance of learning from the past to inform and improve the future.

The Sankofa symbol was chosen deliberately because the external Steering Group for Canada’s Black Justice Strategy, a group of Black experts and leaders from across Canada, identified Sankofa as one of the five Guiding Principles in their Report to the Government, A Roadmap for Transformative Change.

The Steering Group selected the Sankofa because, “In the context of Canada’s Black Justice Strategy, this principle emphasizes understanding the ways in which the justice system of today continues to perpetuate the injustices of the past. It encourages reflection on past mistakes and successes to build a more just future.”