Overarching recommendations

This Strategy provides a number of recommendations to the Government of Canada which, if acted upon, can be expected to reduce the overrepresentation of African Canadians in the criminal justice system.

While the Strategy is framed around five pillars, we recognize that there are actions that can be undertaken by the government to advance the interests of Black communities that do not fit neatly within any one pillar. Similarly, there are actions that can be undertaken by government that will have an impact across all or multiple pillars. Our overarching recommendations advance reforms that will have significant impact across and beyond the criminal justice system. We seek the establishment of formal structures and the institutionalization of mechanisms intended to drive systemic change.

1. Establish a centralized federal department or agency responsible for championing and coordinating efforts to advance the interests of Black people in Canada.Footnote 1

The establishment of a centralized federal department or agency is a crucial step toward fostering accountability and addressing the systemic inequities faced by Black people in Canada. Historical and ongoing disparities in income, employment, education, housing, and health have significantly impacted Black communities, contributing to disproportionate levels of contact with the criminal justice system. These challenges are not just individual issues but are deeply rooted in social structures that require comprehensive and coordinated responses. A dedicated department or agency is needed to serve as a central body that strategically addresses the social determinants of justice for Black people. By providing targeted resources, fostering collaborative efforts across sectors, and advocating for policy changes, the agency would aim to dismantle barriers and create a more equitable and just society for Black people in Canada. Its establishment would recognize the urgent need to address longstanding issues across social sectors, with dedicated focus and resources, ensuring that the principles of equity and justice are upheld in Canadian society.

The anticipated outcome of establishing the proposed agency is a marked reduction in disparities affecting Black people, leading to enhanced access to justice, improved socio-economic conditions, and a stronger, more resilient community. The proposed agency would:

  • Function as a national hub, coordinating and enhancing efforts across various sectors to address the economic, educational, housing, and health disparities that disproportionately affect Black people. This will involve the strategic allocation and management of funding for initiatives and programs specifically tailored to meet the needs of these communities.
  • Foster effective collaborations among government bodies (including managing Federal/Provincial/Territorial relationships), non-governmental organizations, community groups, and private sector entities. This collaborative approach is essential to develop a cohesive and comprehensive strategy to tackle systemic issues.
  • Engage community to ensure that the perspectives and voices of Black people are central in shaping policies and programs. This will be complemented by efforts to build the capacity of NGOs (in particular, Black-led organizations) working with Black people and within Black communities, providing them with the necessary resources and training to maximize their impact.
  • Engage in rigorous research and data analysis to deepen the understanding of the underlying causes of disparities faced by Black people. This will enable the development and implementation of evidence-based policies and interventions.
  • Advocate for and support the formation of policies that cater to the unique challenges of Black communities in areas such as employment, education, housing, and healthcare.
  • Engage in public awareness initiatives aimed at educating the broader Canadian public about the challenges faced by Black people in Canada and the importance of addressing these issues for the betterment of the entire society.

2. Establish a Black Justice Portfolio within the Department of Justice.Footnote 2

The portfolio would seek to address justice-related issues specific to Black people in Canada. Its role would be crucial in policy development and legal reform, focusing on addressing systemic racial biases in the justice system by reviewing and amending laws, policies, and practices to ensure fairness and prevent disproportionate impacts on Black individuals. The portfolio would also serve as a vital link between the justice system and Black communities, facilitating open dialogue, building trust, and working closely with community leaders and organizations to understand and champion their concerns. The portfolio should:

  • Engage in comprehensive research and data collection to understand the effects of laws and policies on Black people.
  • Be responsible for identifying and amending laws and reforming justice practices that have a disproportionate negative impact on Black people, including coordinating with other entities to address identified issues that fall outside of the mandate/jurisdiction of the Department of Justice.
  • Be responsible for supporting education for judges, lawyers, and other legal professionals on issues of racial bias, cultural sensitivity, and the specific challenges faced by Black individuals within the legal system.
  • Provide tailored support services for Black people navigating the justice system, including through the provision of legal aid, counseling, and resources for victims of racial discrimination and injustice.
  • Establish mechanisms for monitoring the treatment of Black individuals in the justice system and ensuring accountability for any biases or unfair practices, including regular reporting on progress and challenges in achieving racial equity.

3. Establish a Black Community Wellbeing and Safety Division within Public Safety Canada.

This division would concentrate on crime prevention and enhancing the safety of Black communities in Canada. It would work in tandem with the justice portfolio to create a holistic approach to addressing the systemic issues faced by these communities.

By focusing on these areas, the Black Community Wellbeing and Safety Division would not only work to address immediate safety concerns but also work toward long-term solutions to reduce crime and enhance the overall quality of life in Black communities in Canada. The Division should:

  • engage in extensive research and data analysis to understand crime trends and their root causes within Black communities. This data would inform policy development and reform efforts aimed at addressing systemic factors contributing to crime, including legislative reforms and initiatives to bridge socio-economic disparities.
  • undertake active community engagement, collaborating closely with local leaders, organizations, and residents to develop crime prevention strategies tailored to the unique cultural and social dynamics of these communities.
  • implement educational and awareness programs to enhance understanding of crime prevention, legal rights, and community safety practices in Black communities and the broader public.
  • ensure access to necessary resources and support services, including funding community initiatives and victim support services.
  • be responsible for the regular monitoring and evaluation of its initiatives, ensuring responsiveness and adaptability to the evolving needs of Black communities.

4. Prioritize the endowment and establishment of a National Institute for People of African Descent.

We recommend that the government prioritize the endowment and establishment of a National Institute for People of African Descent (NIPAD) to serve as an independent organization working to understand and address the unique challenges faced by Black people. This institute should be a dedicated centre for research, policy development, and advocacy. We recommend that the Government of Canada work with its provincial and territorial partners to secure funding to support the operation of NIPAD for 50 years.

The endowment and establishment of the NIPAD would serve to significantly enhance the understanding and addressing of socio-economic disparities faced by Black people. Through focused research and policy development, the institute should create policies and recommendations that are reflective and responsive to the specific needs of Black communities in Canada. By ensuring that the voices and experiences of Black people are central in the policymaking process, the NIPAD would contribute to a more equitable and inclusive Canadian society, where policies are crafted with a comprehensive understanding of the diverse fabric of the nation.

5. Establish a unit within Statistics Canada’s Centre for Justice and Community Safety Statistics responsible for the coordination and implementation of a whole of justice system Race and Identity-Based Data program.

This recommendation underscores the pivotal role of collecting, analyzing, and transparently reporting Race and Identity-Based Data within the criminal justice system. Central to this recommendation is the recognition that Race and Identity-Based Data is essential for identifying, understanding, and addressing the systemic disparities that disproportionately affect Black people in Canada’s criminal justice system.

Race and Identity-Based Data is crucial for several reasons. First, it provides the empirical evidence necessary to reveal existing racial disparities, helping to illuminate a detailed and measurable understanding of the impact of race and identity on various stages of the justice process. This type of data is also crucial in uncovering disparities and patterns of discrimination that might be overlooked or unrecognized.

Second, the availability of Race and Identity-Based Data enables the formulation of targeted interventions. With a clear picture of where and how racial and identity-based disparities manifest, policies and practices can be devised to address these specific issues, enhancing their effectiveness and relevance.

Third, the collection and dissemination of Race and Identity-Based Data serves to promote accountability and transparency within the justice system. By making this data public, the system is held more accountable and encourages involvement from communities and stakeholders in the work of improving the system and its outcomes. Such transparency is crucial in building trust between the justice system and the communities it serves, especially those who have historically been marginalized or underrepresented.

This recommendation places significant emphasis on the focused collection, analysis, and reporting of Race and Identity-Based Data. It signifies a commitment to actively confront and dismantle systemic barriers linked to race and identity, aiming to cultivate a justice system in Canada that is just, equitable, and reflective of its diverse population. This data-driven approach lays the groundwork for enduring reforms, striving toward a fairer and more inclusive justice system.

A whole of justice system Race and Identity-Based Data collection program would include the following.

  • All police interactions, including stops, searches, arrests, charges, use of force, other relevant encounters, and outcomes of police interactions;
  • The court process, from charges and pre-trial detention to trials and sentencing;
  • Correctional outcomes, including incarceration patterns, security assessments and placements, access to rehabilitation and programming, segregation, transfers, use of force incidents, and parole decisions; and
  • Reintegration outcomes, focusing on factors such as employment, education, housing, and recidivism rates.

6. Decarceration target

Canada must commit to reducing by 50% the current rate of Black and Indigenous people who are incarcerated, relative to their proportion of the population, and the overall rate of persons incarcerated by 30% relative to the population, by 2034.

7. Recognize Black people as a distinct group

In response to the longstanding disparities and systemic racism faced by Black people in the justice system and society at large, we recommend the introduction of legislation that formally recognizes Black people as a distinct group within Canada. This acknowledgment is crucial for developing targeted policies and programs that effectively address the unique experiences, challenges, and contributions of Black people. This legislation should be developed in consultation with Black communities across Canada.

8. Education and training

Despite ongoing efforts, there remains substantial need for comprehensive education and training on anti-Black racism and cultural competency for criminal justice actors and representatives of adjacent organizations and agencies.Footnote 3 The Government of Canada should prioritize the provision of comprehensive education and training on anti-Black racism and cultural competency to federal employees, and support provinces and territories to do the same. In the sections below, we advance specific recommendations to address education and training needs that align with each pillar of the Strategy. As a general approach, we recommend that education and training programs.

  • are comprehensive, covering historical and contemporary contexts of anti-Black racism in Canada;
  • involve Black communities in the development of curriculum to incorporate their expertise and lived experiences;
  • incorporate self-reflection for participants to identify personal biases and interrogate the possibility and presence of anti-Black racism in their workplace;
  • assess learning outcomes to ensure sufficient understanding of the materials taught;
  • are regularly updated and responsive to changing social realities and developments in scholarship and research; and
  • are comprehensively evaluated to assess their efficacy, with revision and revocation where necessary.

The comprehensive evaluation of any education and training program in order to demonstrate effectiveness in addressing anti-Black racism is critical to the success of this recommendation.