Corrections

Participants’ experiences in corrections were characterized as being cruel, dehumanizing, and unpleasant. They recounted daily experiences of discrimination, stereotyping, and racial bias. Participants highlighted corrections officials’ overreach of their authority and abuse. They also noted that institutions deprive Black individuals in custody of receiving necessary support and gaining skills that would help them with community reintegration post-release. Furthermore, they noted inequitable access to parole, a lack of access to products designed for Black people, and a disproportionately higher likelihood of being sent to structured intervention units (segregation), receiving disciplinary charges, being involuntarily transferred, and being incorrectly classified with respect to their security and risk levels. Participants raised that there were hardly any Black correctional officers and claimed that officers showed a lack of cultural sensitivity when dealing with Black people. They cited examples where they were victims of poor and discriminatory treatment by correctional staff. Notably, they highlighted that because many Canadian prisons and jails are in rural areas where the percentage of Black people is often low, correctional officers often have a lack of exposure to Black people. Black people who are currently incarcerated perceived that correctional officers tended to rely on stereotypes about Black people, largely from media:

“White staff exhibited compassion and favoritism towards fellow white inmates, drawing parallels with familial relationships, while Black inmates were often ‘painted with the same brush’. The geographical location of prisons was also raised, with inmates suggesting that staff, prior to their correctional roles, had limited exposure to Black individuals, leading to the development of biased perceptions rooted in media portrayals.” (Community partner in Ontario)

This perception about the underrepresentation of Black correctional staff is supported by collected data. Demographic statistics collected by the Canadian government demonstrate the alarming paucity of corrections staff that are Black. In a 2022 report, the Auditor General of Canada states:

"Regionally, the Black offender population was highest at institutions for men in Ontario, at 18% of offenders in custody. At some institutions, this figure was much higher: At one maximum-security facility, 41% of offenders identified as Black, but only 2% of front-line correctional officers and no front-line parole or programs officers identified as Black. These gaps were not limited to the Ontario region. We found that at more than half of institutions where Black offenders made up more than 10% of the population in custody, CSC had no front-line parole or programs officers who identified as Black." (p. 20-21)

Participants from the engagement sessions shared that the discrimination they experienced could be evidenced in cruel, pervasive, and extreme injustices within corrections and is worsened by a lack of real oversight and limited accountability measures:

“The correction system is so violent towards Black inmates. We are seen as violent people even if the crime was minor. There [are] little checks on what takes place. There needs to be better training for officers who hold anti- Black sentiments.” (Community member in Alberta)

“We are animals in the eyes of COs.” (Black male currently incarcerated in Ontario)

“[I was in a] segregation unit for two days without being able to shower or receive phone call because they believed I was suicidal.” (Black male currently incarcerated in Saskatchewan)

“They treat us like animals, cage us in a cell like we are animals and wonder why we fight when we finally get to go to the yard.” (Black male currently incarcerated in Ontario)

“I believe the excessive lockdowns during Covid-19 because of fear or short staff was to drive inmates crazy. In the South there was primarily Black people. Most white people got bail.” (Black male currently incarcerated in Ontario)

“In immigration jail they get stripped of their rights, treated like animals, denied phone calls without knowing what’s gonna happen to them and not having anyone in their corner.” (Service provider in Ontario)

“I think that when you're an immigrant here and you go into incarceration, there's going to be a language barrier, there's going to be a cultural barrier, and there's not going to be anyone there that's going to try and help you with that, unless maybe you're lucky. So I think correctional officers are just going to do their job and show whatever biases they have including assumptions of who may be violent.” (Community partner in British Columbia)

“They are creating environments in prison that amplify maladaptive coping skills.” (Community partner in Nova Scotia)

“Further demonstrating the lack of institutional care, Black Muslim inmates complained that prison administrators failed to adhere to protocols deemed compulsory for Muslim men. For instance, several inmates shared that authorities had prevented them from gathering to observe the Friday prayer, an obligatory prayer for every adult male Muslim. Current prison protocol permits observance of the Friday on the condition that an imam be present to lead it. Without an imam, however, inmates stated that they were unable to observe the prayer. Several inmates perceived this protocol as unfair, contrasting it with inmates of other faiths, for example, Christians, who could attend the prison chapel without supervision. Again, Black Muslim inmates felt that stereotypes of the dangers of Black male gatherings had invited an undue level of scrutiny, which prevented them from practicing their faith, an asset that they heavily relied on to cope with imprisonment.” (Community partner in Nova Scotia).

Black people who are currently incarcerated discussed experiencing illegal searches and cancelled visits with family who travel great distances to see them. Prisoners at one Ontario prison even unanimously agreed that “Black families undergo more thorough searches than their white counterparts”. This finding makes sense considering the ubiquity of anti-Black racism within corrections. Systemic mistreatment is noted elsewhere, for example, the Office of the Correctional Investigator Annual Report 2021-2022 investigated federalFootnote 14 prisons and found that Black people “incur a disproportionate number of institutional charges, particularly those that could be considered discretionary on the part of correctional staff” (p.41). The OCI also found that Black people in custody experienced racist language, were ignored, marginalized, and isolated. Labels like “troublemaker”, “drug dealer”, and “womanizer” were frequently used. The Standing Senate Committee on Human Rights (2019) shared:

“The committee wishes to draw attention to the fact that it has heard personal stories of racism and discrimination from almost every Black individual with whom it has had contact during its fact-finding visits. This includes persons serving sentences and those administrating them. Discrimination was often based on multiple, intersecting identity factors like gender, race, language and ethnic origin. These experiences transcend the correctional environment and condition the way Black people in Canada experience the world. As one witness stated, “one aspect of anti-Black racism in the prison system is that it is not only applied to prisoners but also to Black communities, families and advocates.” (Standing Senate Committee on Human Rights, 2019, p. 45)

In addition to claims from community engagement participants' the excerpt above clearly demonstrates the pervasiveness of anti-Black racism and highlights the need for supports for Black individuals employed in corrections and training, regulations, and oversight which addresses the far reach of oppression experienced by individuals who are incarcerated, their loved ones, and service providers. As further indicated by the engagement sessions, when Black service providers enter correctional settings, they face barriers and discrimination:

“The prison doesn’t like letting in Black groups and if and when they do it its super watched and rushed.” (Black male currently incarcerated in Ontario)

Participants highlighted that they are often presumed to be part of a gang because they are Black. As a community partner in Ontario eloquently explains:

“There was a unanimous sentiment among inmates that Security Threat Group (STG) and Gang Affiliation labelling is an example of unjust, inherently racist, and a perpetuator of stereotypes against Black individuals from high-risk neighborhoods. In their collective grievances, inmates assert that these labels are often inaccurately assigned, posing significant threats to their safety. The consequences ripple across various aspects of their incarceration, including living conditions, access to programs and supports, incarceration experiences, employability, rate of pay, and parole considerations. Critically, the absence of a structured mechanism for label removal compounds the issue, resulting in a disconcerting cycle where individuals enter the criminal justice system without gang affiliations, only to emerge labeled as such, irrespective of their initial status.”

Other participants echoed these experiences and concerns with STG labelling:

“You know, they see Black people gathering together and they think it’s a gang, or we’re selling drugs.” (Black male currently incarcerated in Alberta)

“Because of the area you’re from, as a Black individual they label you as STG.” (Black male currently incarcerated in Ontario)

“STG label was made for Black people.” (Black male currently incarcerated in Ontario)

“A white person from same neighborhood, same charge will not be STG labelled.” (Black male currently incarcerated in Ontario)

“STG labeled is abused by CSC for decades and Black men in prison will not be able to get any trust jobs in the institution.” (Black male currently incarcerated in Ontario)

“STG is made to extend your sentence to control and incarcerate Black men.” (Black male currently incarcerated in Ontario)

“I was STG labelled and got run around for a long time because I was seen as a Black man drinking a beer in front of my family’s house in Jane and Finch” (Black male currently incarcerated in Ontario)

This perception of racial bias in the use of the STG labels was also highlighted in work by Owusu-Bempah and Jeffers (2022) and clear racial differences in the application of the label are evident in the available data. For example, the Office of the Correctional Investigator (2022) found that Black people in custody were significantly more likely than white counterparts to be gang-labelled. Specifically, “23.8% of Black and 21.9% of Indigenous individuals have a gang affiliation. By comparison, only 5.7% of white individuals and 12.7% of People of Colour have a gang affiliation.” (OCI, 2022, p.46). Furthermore, the OCI (2022) noted that despite there being objective labelling criteria, the tendency to over-classify Black people to gang labels is driven by confirmation bias that Black people are more likely to be in gangs (p. 56).

Black people in custody who participated in the engagement sessions also noted they were held at security levels that did not match the offence they had been charged or sentenced with, and noted that maximum security was particularly difficult to endure:

“I was held in a maximum-security prison with people who had killed and done violent crime. I was held with them in the same maximum-security prison for more than two weeks before I could get bail.” (Black male formerly incarcerated in British Columbia)

“You are big and Black and shouted. They deem you as violent and put you in the maximum security.” (Black male currently incarcerated in Ontario)

“I found the max to be stressful and drove me mad.” (Black male currently incarcerated in Ontario)

Community engagement participants' claims about inequities in security level classification are supported by governmental research. The Auditor General of Canada (2022) “found that Indigenous and Black offenders were placed at higher security levels on admission into custody at twice the average rate of other offenders” (p.5). This is alarming because “offenders’ initial security placements affect their potentials for parole and the lengths of the sentences that they serve in custody” (Auditor General of Canada, 2022, p. 6). Similarly, the Office of the Correctional Investigator (2022) found that “Black people were overrepresented in maximum security, segregation (or solitary confinement), and use of force incidents” (p. 40). The same report also noted that Black people are “1.5 times more likely to be placed in maximum-security institutions where programming, employment, training, education upgrading, rehabilitative programming and social activities are limited” (OCI, 2022, p.41). Moreover, the OCI found that “Black individuals have the largest proportion incarcerated in maximum security and the smallest proportion incarcerated in minimum security, particularly when compared to those identifying as white” (OCI, 2022, p. 52). Black people are also more likely to be sent to structured intervention units (SIUs) than other groups. The rates of being housed in an SIU are 173, 137, and 95 per 1,000 prisoners for Black, Indigenous, and white people, respectively (OCI, 2022, p. 59). The Office of the Correctional Investigator also found that parole officers were of little help with requests to change security classifications:

Many Black persons reported that their Parole Officers (POs) could not give them a specific reason why they could not be reclassified or exactly what they needed to do to cascade to a lower level of security. Interviewees reported that Parole Officers “blamed others or processes,” claimed to be “looking into it” for months or “did not have any time to look into the issue” (OCI, 2022, p. 52).

Currently incarcerated Black individuals who participated in the engagement sessions also shared that rules within the same institution are inconsistently applied by correctional officers and staff. They also shared a large variation of regulations across different correctional institutions. This kind of inconsistency can lead to confusion, accidental rule violations, negative interactions with staff, and a persistent feeling of being unsettled among incarcerated people. As one prisoner in Ontario shared, “the regulations make it impossible to stay sane within the institution.”

Participants also spoke about inequities in who is subject to involuntary transfers. They stated that Black people are overrepresented in the involuntary transfer population. A service provider in Alberta highlighted the need to “consider their safety, and community connections when we are doing involuntary transfers.” But there is often a lack of consideration or care for these factors.

The OCI (2022) notes that in 2020-21, 14.6% of people involuntarily transferred were Black, despite representing 9.4% of the prison population (p. 53). This is concerning because involuntary transfer removes people from their informal ties, interrupts program completion, and can lengthen custodial time served.

In addition to inequities with involuntary transfer, respondents also shared that applications for transfer to facilities where they can be closer to their community, establish a plan for parole, and receive more visitors are frequently denied. Moreover, participants - especially those currently incarcerated and their loved ones - shared that they have limited tools to seek justice and that filing grievances is difficult. Complaints go ignored, documents go missing, and in many cases filing a complaint led to worse treatment or cruel sanctions like involuntary transfers far from their loved ones, being sent to structured intervention units, receiving a disciplinary charge, etc. In their own words, Black men currently incarcerated in Ontario reported the following:

“We have witnessed with our own eyes what the guards do with our complaints/grievances. They crumple the paper and throw it out in the trash. Some guards make sure we see it to remind us of the power imbalance and our lack of rights.”

“Complaining topples support for your transfer request.”

“Complaints falls on deaf ears.”

“Complaining targets you.”

“Documentation goes missing.”

“Making a complaint is likely to get you shipped [to a different institution].”

The perception that complaints are ignored or may lead to additional punishment has led to a situation wherein many Black people in custody accept the discrimination and injustices they experience so that their prison experience does not become worse or lengthen the time they are required to serve. A community partner in Québec shares that many prisoners “have 'learned to live with racist comments on a daily basis', since they do not want to be in solitary confinement, or to be transferred to a detention center which will not be accessible to their family members.”

In addition to all of the inequities and barriers faced by Black people in custody, participants shared that Canadian prisons lack meaningful culturally sensitive rehabilitative programs that they can access and perceived that most of the programs currently offered are of poor quality:

“These people are isolated and have no support inside the system… Inmate also needs to have access to culturally responsive programming and services. There aren’t cultural programs and support for them. They also need to have access to training and educational opportunities to support their integration.” (Community member in Alberta)

“We need help! We need mental health counsellors, but they need to be from outside organizations as well as the institution because some of us will never trust the institutions.” (Black male currently incarcerated in Ontario)

“There is nothing for Black offenders at all in any of these prisons throughout Ontario.” (Black male currently incarcerated in Ontario)

“We need programs that understand the Black culture.” (Black male currently incarcerated in Ontario)

“We need people to run programs who understand us. Race but also coming from lived experience.” (Black male currently incarcerated in Ontario)

“Part of our correctional plan [states that we] must attend programs. Parole depends on this however the programs that are recognized at CSC are geared to the white population.” (Black male currently incarcerated in Ontario)

“Jewish inmates have their programming, Indigenous have their programming but Black inmates have nothing.” (Black male currently incarcerated in Ontario)

“CSC recognizes culturally sensitive programs should be a part of your correctional plan but don’t have any available.” (Black male currently incarcerated in Ontario)

“You can't get parole unless you demo some success inside (i.e., complete core mandatory programs, stay away from institutional misconduct/subculture activities) that's why any effects to create change here must have elements of institutional and release supports in mind. [There is a need for] dedicated funding for community stakeholders to provide institutional supports to complement/supplement core mandatory programming, this will contribute to rehabilitative efforts, build contacts with the community in prep for release and aid in curtailing some subculture activities.” (Community member, location unknown)

Importantly, a lack of culturally appropriate programming has also been highlighted by the OCI as a problem facing Black people in the federal correctional system. The OCI notes that the lack of program access can keep Black people incarcerated for longer periods of time in comparison to their counterparts:

Many Black men reported waiting sometimes years for correctional programming, often because they had long sentences. Correctional programming is prioritized for those with short sentences and those with upcoming parole eligibility dates. While this approach to correctional programming has some merit, it discriminates against those with long(er) sentences, potentially leaving them to linger in maximum-security environments longer than if they were able to participate in programming earlier. For example, Black persons are more likely than other groups to be serving an indeterminate (life) sentence (Black: 34.6%, white: 32%, Indigenous: 27.2%). Black persons serving a determinate sentence are, on average, serving a slightly longer sentence when compared to other groups (Black: 5.93 years, white: 5.67 years, Indigenous: 5.32 years (OCI, 2022, p. 53)

Alongside a lack of access to programming, there is a lack of employment opportunities for Black people. The high cost of living in custody makes it difficult for individuals who are incarcerated to save money and access needed products (Standing Senate Committee on Human Rights, 2021b). This problem impacts Black incarcerated individuals to a greater degree when compared with those who are white as the OCI found that Black people in federal corrections were underrepresented in correctional employment, less likely to have “jobs of trust”, and were less likely to be receiving the highest level of pay (OCI, 2022, p. 65).

Black individuals who were currently incarcerated and participated in the engagement sessions noted receiving poor medical care, mental health support, and limited access to necessary products:

“They found him dead in the morning. His intestines burst. He was denied care by the guards and medical staff. Was in excruciating pain for 3 days. The jail has never taken responsibility.” (Black male currently incarcerated in Ontario)

“There was no mental health supports but was quick to give [people] meds. That’s why people are addicted to drugs now in the pen.” (Black male currently incarcerated in Ontario)

“Afro-descendant women experience several microaggressions throughout their incarceration. Like incarcerated men, many reported not having access to products suitable for their skin or hair.” (Community partner working with Black women in custody in Québec, 26)

Participants mentioned that conscious and unconscious racial bias is carried forward into parole. They felt that the current system empowers parole officers to keep inmates from progressing towards release. Black individuals with experiences in correctional facilities shared examples of parole officers promising to support their release if they completed certain programming and after programs were completed, their parole office failed to follow through on their agreement. In their own words participants share:

“Parole officers need to be held accountable for promises they make to inmates; they are allowed to keep inmate from progressing through the institution regardless of how persevering they are, seemingly based on race.” (Community member in Saskatchewan)

“My Parole Officer is supporting a couple non-Black people for parole and they got the same charges as me. Me, I get no support and no motivation to apply, she directly told me you will get out on stat.” (Black male currently incarcerated in Ontario)

“My parole is June 2025. My stat is 2028. First conviction, First everything. my parole officer told me to apply for parole in 2026 because my STAT is too far.” (Black male currently incarcerated in Ontario)

“Parole officers prioritize attention to cases based on their own bias which can leave room for files to be neglected.” (Community member in Québec)

“Parole officers often make assumptions about Black offenders' situations and put these assumptions into reports submitted to the Parole Board, which are believed, upheld, and used against Black offenders.” (Community partner in Ontario)

Lastly, Black youth participants shared feeling unprepared to transition into adult facilities. Participants also highlighted that youth should not be held in jails:

“Black prisoners voiced that young offender detention centers set them up for failure as they did not prepare them for successful reintegration or adult jail. Once experiencing the adult system everything changed and they began to face undeniable, upfront racism and inequality.” (Community partner in Ontario)

“Provide rehabilitation centers for youth offenders instead of putting them in jail. Allow African Elders to provide cultural training to minimize the trauma and support the offenders to move forward in a good way.” (Community member, location unknown)

These calls are significant because Saghbini and Paquin-Marseille (2023) found that Black youth are disproportionately likely to be sentenced to custody as compared to white youth. The authors noted that the Youth Criminal Justice Act emphasis on youth rehabilitation has not been equally applied to Black youth. Taken with the experiences and perceptions of those consulted in the engagement sessions, it seems evident that there is a need to develop innovative approaches to address the overrepresentation of Black youth in the justice system.

In summation, Black community members, Black people who were currently or formerly incarcerated, and others who shared their lived experience and knowledge were of the consensus opinion that correctional facilities: tend to worsen trajectories for Black people, often fail in their rehabilitative purpose, and contribute substantially to anti-Black racism in the justice system. Alarming and differential correctional outcomes were shared by participants and further supported by government research. Importantly, findings in this section revealed that racial harm imposed by correctional staff does not just impact those in custody, it also impacts Black families, communities, and service providers. Participants of the consultation sessions highlighted a number of recommendations to facilitate racial equity for Black people in custodial institutions across Canadian provinces, territories, and at the federal level. These recommendations are shared in the section “Corrections Recommendations”.