Recommendations
Social Determinants of Justice Recommendations
Strengthening community-based support and social services
Strengthening community-based support and social services can help prevent and intervene in involvement in crime and the justice system. Programs for Black children, youth, and adults to address mental and physical health, facilitate economic educational and recreational opportunities, focus on crime-prevention and intervention, and provide spaces for Black people to gather to tackle community issues, foster community, and educate non-Black people about Black culture.
Funding for these supports and services must be sustainable, adequate, and reduce barriers to participation. An emphasis is on supports and services which are Black led. Supports and services must be accessible.
Improving access to economic opportunities
Improving access to economic opportunities entails increasing employment equity for Black Canadians by amending policy, removing biases and discrimination from recruitment, hiring, and promotion, creating targeted pathways for Black people across labour sectors, investing in Black businesses, addressing deskilling and credential barriers, and supporting employment mentorship programs.
Addressing racial disparities in education
Addressing racial disparities in education involves increasing representation across all school and board staff, mandatory anti-racism training, stopping the arbitrary and discriminatory aspects of streaming, revitalizing curriculum to incorporate Black culture and anti-racism, increasing support staff, reducing the usage of punitive measures, stopping the practice of calling the police to schools to handle behavioural issues, hiring Black school liaisons, dedicated funding for post-secondary education for Black youth, and Afrocentric cohort options.
Addressing systemic racism in child welfare
Addressing systemic racism in child welfare involves efforts to reduce family separation that offer supports in the home and community before considering child removal. Child welfare staff must also go through mandatory culturally sensitive anti-racism training that collaborates with Black-led organizations.
Increase access and funding for culturally-responsive and culturally-informed mental health programs and resources
Addressing mental health issues experienced by Black individuals in Canada requires increasing the amount of Black mental health specialists and therapists, designing and maintaining more mental health programs by and for Black people, supporting collaboration between organizations and mental health professionals to address trauma, grief, stigma, coping mechanisms, life counselling, alternative conflict resolution, and emotional and mental well-being in the Black community, in schools, and within Black families.
Funding for these supports and services must be sustainable, adequate, and reduce barriers to participation. Supports should be Black-led and services must be accessible.
Addressing the needs of Black immigrants and newcomers
Addressing the needs of Black immigrants and newcomers involves ensuring that credentials and educational certifications received outside of Canada are recognized within the country, offering transitional services, developing and funding settlement, and integration services to connect newcomers with housing, school and work opportunities, provide information about Canadian laws, provide legal services, and translate key documents. Recommendations also include easing work requirements for asylum seekers and reinstating status for individuals who have lost their status due to incarceration.
Address inequities in housing stability and homelessness
To address inequities in housing and homelessness facing the Black community which shape the likelihood to become involved in the justice system, changes should be made to increase the amount of affordable housing, efforts should be made to ensure affordable housing is dispersed throughout neighbourhoods rather than in isolated developments, and quality of living standards should be maintained in affordable housing units and neighbourhoods.
Governmental recognition of racism as a social determinant of justice requires data collection: Three interconnected additional recommendations
- Social institutions should recognize their legacies of anti-Black racism and colonialism and work alongside Black, Indigenous, and visible minority groups to co-create institutions that are equitable, just, and fair.
- Discrimination is a social determinant of justice that should be addressed through cultivating awareness, understanding, and sensitivity to Black culture and people among social actors across the other social determinants of justice to reduce biases and discriminatory behaviour.
- Data should be collected across social services/programs, the labour market, education, housing, child welfare, mental health, and immigration to ensure transparency and accountability.
Policing Recommendations
Participants outlined the need for significant changes in policing Black communities. They noted experiencing discrimination, racial profiling, police brutality and a strong lack of trust of police officers and policing bodies. One of the most prevalent themes was that police culture is poor and needs to be addressed in order for interventions to be effective. They also shared a lack of faith and timeliness in the complaints process. They highlighted that there are not clear limits regarding police powers, that oversight bodies were weak and ineffective, and that the mistrust between Black communities and the police contributed to the over-incarceration of Black people and reduces the willingness of community members from interacting with the police. They noted feeling that they could not rely on police when they were victims of crime or witnesses to crime. Participants shared that some of the tasks currently performed by police officers should be re-tasked to other professionals with expertise in the designated tasks (e.g., mental health professionals, community organizations) and that the police should rely more heavily on restorative justice initiatives. To address these issues in policing Black communities, participants recommended efforts be made in the following areas:
Improve training and hiring practices
Police officers should undergo mandatory cultural, mental health, and de-escalation training prior to being hired and regularly once employed. They should also be trained on interacting with victims of crime. Hiring processes should identify and screen out individuals who are likely to engage in discriminatory or aggressive practices. Training should allow police officers to adequately interact with people experiencing trauma, loss, and grief.
Establish neighbourhood policing teams that build relationships with residents and local organizations
Teams of police officers that collaborate with Black community members and Black community organizations to serve the individuals through alternatives to the justice system, address community problems, build trust with the community, increase reliance on restorative justice approaches, and respond to feedback from the community.
Implement clear standards, policies, practices, and consequences for police misconduct
Police officers should be subject to clear and strict standards, practices, and consequences for misconduct. Consequences should be shared with the public for transparency and the public should be able to review and recommend changes to police standards. There should be a database for policing bodies that identifies police misconduct to prohibit terminated officers from seeking employment in policing elsewhere. Clear mechanisms should be developed for filing complaints. Mentorship programs should be implemented to foster accountability. The use of body cameras should be standardized for all police officers and footage should be available to oversight bodies.
Improve the efficacy of oversight bodies and complaint mechanisms
All police departments should be subject to an oversight body. Oversight bodies should be composed of civilians with no prior experience in policing. They should handle civilian complaints, review and amend departmental policies, and maintain the complaints system.
Increase diversity in police forces/services
Increase representation of Black employees across all levels of policing bodies through incentives and increase supports for Black policing employees to facilitate retention, community, support, and professional development.
Reallocate police funding to invest in community-based violence prevention programs
Reallocate part of the police budget to invest in violence prevention programs like youth mentoring, anti-gang initiatives, and restorative justice initiatives.
Reallocate police funding to invest in mental health crisis intervention
Reallocate part of police budgets to invest in mental health crisis intervention so that professionals respond to mental health related calls to police, perform wellness checks, and attend police interactions in which an individual is in acute mental distress.
Data collection
Collect and publicize racially disaggregated data regarding outcomes in policing and the complaints process to facilitate equitable policing practices.
Courts, Legal Process, and Legislative Recommendations
Participants noted feeling discriminated in their interactions with predominantly white lawyers, Crown prosecutors, judges, and courtroom staff. Defendants were talked down to. Family, friends, and other loved ones of Black defendants and Black victims/survivors shared that they felt humiliated throughout the legal process and were often made to feel like criminals. The engagement sessions revealed that participants also felt that their lawyer did the bare minimum to advocate for them, and even encouraged them to plead guilty when available evidence could demonstrate their innocence. There was consensus that legal actors lacked understanding about Black cultures, systemic racism, discrimination and how these factors shaped how they ended up in the justice system. Thus, experiences with the legal system not only tended to ignore anti-Black racism but also reproduced racial oppression through treatment of Black individuals and harsher legal outcomes for Black individuals as compared to white individuals. They cited lived experience where a white person received probation for committing the same offence as a Black person, when the criminal backgrounds of both individuals were the same. They also shared that when paired with the fact that Black communities are over-policed, mandatory sentencing guidelines have a severe impact on Black communities and contribute substantially to the overrepresentation of Black individuals in Canadian jails and prisons. The high cost of effective legal services was also highlighted as a key barrier to receiving justice in the legal system. Recommendations are made in the following areas to address these realities:
Institute cultural competency training
Ensure that legal system personnel including defense attorneys, Crown prosecutors, judges, policy makers, court appointed mental health specialists, and courtroom staff receive regular mandatory training to develop cultural humility and cultural competency training to address issues of bias and discrimination.
Increase the accessibility and affordability of participating in the legal system
Fund and develop Black community-based legal clinics dedicated to providing equitable legal services and knowledge of the rights in the justice system; Increase funding to legal aid, and ensure Black people have the option to receive culturally sensitive legal supports. These are key to ensure Black individuals can equitably participate in the legal system.
Invest in dedicated programs to increase the number of Black defense attorneys, judges, Crown prosecutors, legal clerks, legal aid administrators, and lawmakers
Dedicated scholarships for Black individuals entering and studying law programs and equal employment initiatives to increase representation in the legal system and legislation/policy making can assist in improving equity in the justice system and legal outcomes.
Add “Black offenders” to Section 718.2(e) of the Criminal Code regarding sentencing principles:
Amend the Criminal Code so judges are required to consider how anti-Black racism and systemic discrimination has contributed to a Black person coming before the court to be sentenced in recognition of the overrepresentation of Black people in the justice system.
Allocate funding and resources to standardize the use of Impact of Race and Cultural Assessments (IRCAs)
Standardize the use of IRCAs through legislation. Fund the recruitment and training of assessors. Dedicate funding to legal aid and defense attorneys to cover associated costs of conducting IRCAs and create an awareness campaign about IRCAs. Assessors must be Black. These steps will help ensure that the legal process is not blind to the impacts of racism.
Allocate funding and resources to expand and implement restorative justice programs as alternatives to incarceration
Shift towards restorative justice by identifying, designing, and promoting alternatives to incarceration which must be considered at sentencing. This shift can help eliminate stigmatizing labels, address root causes of crime, and repair individual and community harms while encouraging accountability and reintegration for defendants.
Review existing laws, applications of law, and policies to identify and reduce discriminatory practices or outcomes
Conduct a comprehensive review of existing laws, practices, and policies to identify and reduce discriminatory practices, trends in sentencing outcomes, and other legal outcomes across racial groups. Already identified areas for legislative change are mandatory minimums, pre-Crown charge screening for offences, employment policies regarding criminal records, and youth in transition (18-24). Changes should be co-developed with Black people and developed with an anti-racist framework. These changes can significantly reduce the incarceration rate of Black people in Canada and length of incarceration. They can also increase custodial diversions, increase the success of reintegration, and ensure youth in the criminal justice system receive the best and most meaningful outcomes possible.
Diversify the jury pool
Modify the jury selection process to ensure the diversity of jurors is representative of the population, this is one measure to help combat anti-Black racism in the legal process.
Increase language interpreter availability
Increase interpreter availability for diverse languages to enhance due process comprehension.
Enforce accountability measures for legal actors for overt discrimination or making racist remarks
Establish clear accountability standards and sanctions for legal actors for discriminatory or racist remarks, establish a clear and timely complaint process, and enforce legal actors who violate standards accordingly.
Implement fair policies for newcomers and immigrants
Implementing fair policies for newcomers and immigrants can reduce the punitiveness of the justice system, especially on those who arrived in Canada prior to the age of 18.
Corrections Recommendations
Black individuals incarcerated in Canada shared experiencing discriminatory treatment and a low quality of care. This discrimination plays out in interactions with correctional officers (CO), use-of-force incidents, involuntary transfers, likelihood to be sent to structured intervention units, security classifications, gang classifications, and many other ways. They stressed that current program offerings do not equip them for the reintegration process or create opportunities for them in the job market after release and increased their likelihood of reoffending to make money. The lack of culturally meaningful programming and mental health and wellness supports was also noted to be insufficient. Discriminatory treatment and a lack of support in custody can significantly shape the experience and meaning of prison for individuals and can have long-lasting effects that lead to poorer outcomes. In general, the rehabilitative goal of Canadian prisons and jails is not being adequately met, and significant changes should be introduced to improve the success and well-being of prisoners once released. The recommendations laid out below would assist in ensuring Canadian prisons are rehabilitative for Black people:
Prioritize access to educational, employment, and other programming/training for Black people in custody
Funding and providing educational, employment, and other training programs and accredited credentials are integral for rehabilitation and reintegration. Partnerships should be made with educational institutions, employers, and Black-led organizations to provide a clear pathway and opportunities for reintegration. Contracts and logistics should be streamlined with community partners and institutional staff should be held accountable for any unnecessary or discriminatory barriers experienced by partners.
Regularly review and revise disciplinary practices to identify and address racial disparities or bias in the treatment of Black people in custody
Reviewing and revising practices in correctional settings can assist in ensuring fair and equitable treatment of all people in custody, including Black people. There should be clear sanctions for violating rules and they must be enforced.
Improve the efficacy of oversight bodies and complaint mechanisms
An independent review board for correctional facilities with the power to mandate institutional change and meaningfully resolve grievances made against correctional staff can assist in the equity and fairness of custodial facilities and improve the quality of custody for Black people.
Review and revise security classification procedures and gang labelling procedures to ensure they are free from racial bias
Reviewing and revising security classification, gang labelling, and other procedures that categorize people in custody can help ensure equity across racial groups. Changing policies so that punishments and sanctions are not applied based on having a classification that suggests more support is needed would be fruitful. Developing fair, transparent, and reasonable policies for removing or changing a classification is integral to justice.
Improve cultural training and hiring adjustments for correctional officers and other staff in correctional facilities
Improving training for correctional staff about Black history/culture and systemic oppression and modifying hiring processes can help to reduce the impact of unconscious bias and discriminatory treatment against Black people in custody.
Review and revise use-of-force policies and de-escalation training for correctional staff
Revising use-of-force to further limit instances in which its used and the parameters of using force, in addition to de- escalation training, can ensure the safety, dignity, and humanity of Black people in custody is maintained.
Increase access and funding to culturally meaningful mental health and substance abuse treatment
Developing and improving mental health and substance abuse treatment to address the unique experiences of Black people in custody at all levels of security classification through diverse and holistic methods can improve the experience of incarceration and reintegration.
Increase diversity in correctional staffing
Ensuring diversity in representation of correctional staff can foster inclusiveness, community, and understanding in the correction system while assisting in the rehabilitative goal of custodial facilities.
Ensure involuntary transfers are bias-free
Ensuring involuntary transfers are free from racial bias can mitigate harms caused by transfers including loss of community and family ties.
Limit the use of structured intervention units (and all other forms of segregation)
Limiting the use of structured intervention units can assist in maintaining the mental well-being of Black people in custody and ensuring that all individuals in custody are treated humanely.
Fund visitor programs and other connections to community
Funding and improving visitation and community connections can prevent family breakdown and increase the strength of informal ties Black people in custody have to community, which can lower recidivism.
Reduce prolonged lockdowns
Reducing prolonged lockdowns to reduce the adverse effects associated with prolonged isolation while maintaining institutional security.
Ensure religious rights and freedoms are observed
Acknowledging the rehabilitative power of Black-led spiritual groups and respecting religious traditions, practices, objects, and diet are important for ensuring equity.
Improve medical care for Black people in custody
Increasing the representation of Black medical staff, training and accountability for medical personnel, and timely medical assessments can improve the quality of life and well-being of Black people in custody, lower the Black death rate in prisons, and keep prisons healthy and safe. Notifying their family and loved ones when they are ill preserves the personhood of Black people in custody.
Improve food quality and special diet accommodations
Improve food quality by minimizing barriers to having diet restrictions adhered to, following hygiene protocols, offering more diverse foods in canteen, and ensuring the overall quality of all diets to preserve the health, freedoms, and dignity of Black people in custody.
Other key changes to improve inmate experience
Maintaining a singular set of standards across institutions can ensure consistency and accountability. The other recommendations laid out in this section will improve health, well-being, and safety of prisons.
Develop programs for youth in transition (18-24)
Collaborate with community organizations to provide targeted programming in correctional facilities for Young People in Transition, specifically those aged 18-24. Tailoring initiatives to meet the unique needs of this demographic enhances their readiness for adult facilities and chances of successful rehabilitation and reintegration.
Community Re-entry and Reintegration Recommendations
Participants shared that the re-entry process does not adequately support successful reintegration because of barriers to accessing the labour market, and a of lack of culturally meaningful, mental health, and housing supports. The findings from the engagements also revealed inequities and racial bias in the parole process, interactions with parole/probation officers, and interactions with the parole board. Criminal records increase the likelihood of reoffending by limiting opportunities. The recommendations posed below would meaningfully address these issues.
Prioritize access to educational, employment, and other programming/training for Black people in custody
Identify, create, and fund economic and education opportunities for Black youth and adults exiting the justice system to empower them, support their attainment of economic self-sufficiency, successful reintegration into society, and reduce recidivism rates.
Ensure reintegration programs are culturally responsive
The significance of ongoing, holistic, culturally appropriate programs, environments, and resources from organizations is crucial for successful reintegration and reducing reoffending.
Provide secure, safe, and stable housing for Black individuals upon release
Providing access to safe housing options for recently released individuals promotes social and economic stability.
Increase access to mental health and substance abuse treatment
Promoting mental health during reintegration can increase the successfulness of the process, assist in individual, familial, and community health, and reduce the likelihood of reoffending and reduce stigma.
Review and revise criteria for temporary absences and parole decisions
Implementing temporary absences and parole guidelines that consider culture can assist in ensuring that Black people in custody are paroled earlier and at rates similar to white people in custody. Some participants specifically advocated for using the IRCAs at the parole stage.
Increase diversity across governmental release and reintegration actors
Increasing diversity across reintegration actors can assist in increasing equity in the parole process and the reintegration process, increase cultural knowledge among decision-makers, and help reduce the prison population in a meaningful way.
Improve and mandate training and supports for parole officers, probation officers, parole board members and other governmental release and reintegration personnel
Cultural competency and anti-bias training and other kinds of training for all governmental reintegration personnel is important to mitigate unconscious biases in decision-making and increase culturally meaningful support for Black people in the reintegration stage. Caseloads for parole/probation officers should be manageable.
Enforcing accountability measures for governmental release and reintegration actors
Enforcing accountability measures can reduce inequities in rates of parole for Black people in custody and improve their likelihood of successful reintegration.
Eliminate the costs and barriers associated with expunging criminal records and enhance supports for criminal record suspensions and pardons
Eliminating barriers and costs to criminal record expungement, suspension, and pardons can ensure justice is fair and that consequences of committing a criminal offence do not last after the individual has served their time or has been found innocent. This can increase opportunities during reintegration.
Additional Recommendations
The following are recommendations that continually showed up across the site reports as important recommendations to improve outcomes for Black communities and individuals in the justice system. They either have importance for all five pillars or do not fit squarely with any of the five pillars.
Fund, identify, create, and maintain supports for Black victims and survivors of crime
Supporting victims and survivors of crime can increase fairness in the justice system, restore faith and trust in the justice system, and assist in the racial harm experienced by members of the Black community.
Data collection
Collecting, analyzing, disseminating, and using data across the justice system is essential to address systemic racism and discrimination in the justice system and improve outcomes for Black individuals and Black communities.
Sustain funding, commitment, resources, and supports
Sustainable, long-term funding, commitment, supports, and resources should be maintained for the initiatives implemented as part of the CBJS to meaningfully improve the impact of the justice system on Black communities and individuals and to mitigate the impact of the social determinants of justice.
Ongoing consultation and inclusion with the Black Community
Ongoing consultation is important for ensuring that Black people are represented in the future of justice initiatives that will directly impact Black individuals and Black communities.
Shift governmental organizational and ideological principles
Promoting cultural diversity across governmental actors and Black cultural knowledge across Canadians are significant steps in addressing racial harm. A comprehensive process to meaningfully identify, acknowledge, and address racial harm should be conducted.
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