Social determinants of justice

Available evidence suggests that Black people are overrepresented across a range of negative justice outcomes (Cotter, 2022; Owusu-Bempah and Gabbidon, 2020). It is important to note, however, that the criminal justice system does not operate in a vacuum. Indeed, Black experiences in society more generally inform levels of contact with, and the nature of treatment by, the criminal justice system (Owusu-Bempah and Jeffers, 2022). Working to prevent Black people from coming into contact with the criminal justice system by addressing the social determinants of justice, represents a key pillar of the Strategy.

The social factors that contribute to Black experiences with the criminal justice system can be described as the “determinants of justice” (Institute for Research in Public Policy, 2020). The social determinants of justice include income, employment, stable housing, education, and health (ibid). Where data are available, research demonstrates that Black people in Canada fare poorly across these dimensions, with lower-than-average incomes, higher rates of unemployment, decreased access to secure and stable housing, poorer educational outcomes in Canadian schools, and poorer health and mental health outcomes (Do, 2020; Dion, 2001; Teixeira, 2008; James and Turner, 2017; Robson et al., 2014; Public Health Agency of Canada, 2020). Anti-Black racism and systemic discrimination are often cited as a driver of these negative outcomes (Dryden and Nnorom, 2021; James and Turner, 2017; DasGupta et al, 2020; Public Health Agency, 2020). Challenges related to immigration and settlement may also exacerbate the problems faced by Black people across the areas identified as social determinants of justice. Importantly, inequities in the criminal justice system, including the over-criminalization and over-incarceration of Black people, can further entrench the broader social inequities that make up the social determinants of justice..

Recommendations

Employment and income

Short term

9. Increase existing resourcing for employment programs for Black youth, and for the development and improvement of Black businesses.
10. Allocate funding to expand access to apprenticeships and other forms of skills training. This includes expanding funding channels for apprenticeships and skills training beyond the Employment Insurance (EI) system to expand eligibility to those who do not qualify for EI, or are unable to access enough funds for training in the trades.
11. Regularly name Black people as a priority group in Government of Canada employment, skills, business, and entrepreneurship programs.

Medium term

12. Enact all recommendations of The Report of the Standing Senate Committee on Anti-Black Racism, Sexism and Systemic Discrimination in the Canadian Human Rights Commission.
13. Increase the maximum damages available in a claim of racial discrimination under the Canadian Human Rights Act.
14. Expand eligibility for benefits by delivering benefits through means other than the tax system. Implement an alternative direct cash transfer system to ensure income benefits reach those who need them most (in other words, those without a permanent address, those without citizenship status, and those who work in informal or cash-based economies). Consider pre-paid debit or credit cards as an alternative for this population.
15. Fund settlements for the Black Class Action taken against the federal government by Black public servants who faced discrimination.
16. Invest in enforcement to address misclassification of workers as self-employed and exploitation of vulnerable workers in their workplace.
17. Collaborate with all levels of government to tackle deskilling and credential barriers faced by newcomers, and to increase supports for the recognition and certification of foreign qualifications, particularly for job skills and qualifications that support the administration of the criminal justice system.

Long term

18. Raise the federal minimum wage to a living wage ($21/hour).
19. Expand the types of training available through Employment Insurance to include secondary school completion and upgrading, essential literacy and numeracy training, and English or French as a second language instruction. Expand the list of approved educational institutions to include training programs provided by community organizations and unions.
20. Introduce a new Canada Livable Income (CLI) to target adults aged 18 to 64 who are living in deep poverty. Provide up to $9,000 for individuals or $11,000 for couples.

Housing

Short term

21. Name Black people/people of African Descent as a group prioritized for service and support within the National Housing Strategy, with special attention paid to newcomers, those with a criminal record, and for people being released from jail or prison.

Long term

22. Allocate capital funding to the National Housing Co-investment Fund to build a minimum of 100,000 new non-market and co-op housing units per year.
23. Dedicate the equivalent of one per cent of existing GST revenue toward permanently increased infrastructure investment, including the Canada Community Building Fund, which goes directly to support municipal infrastructure priorities, and a core public transit funding stream for both capital and operation.

Education

Short term

24. Work with provincial and territorial governments to:
    • ensure all public schools are adequately and equally funded;
    • ensure that all school curricula include Black history, culture, and contributions, as well as anti-racism education.
25. Provide transparent, consistent, and adequate federal funding to the provinces and territories in support of public post-secondary education, through a National Post-Secondary Education Transfer, discrete from the Canada Social Transfer, with agreed conditions established through federal legislation or multilateral or bilateral agreements.
26. Sign agreements to ensure that the federal funding is in addition to provincial spending for the sector, and is used to lower tuition for all students, invest in workforce renewal (including providing fair wages and reducing precarity among academic staff) and improve access to underserved communities.

Medium term

27. Work with provincial and territorial governments to:
    • create targeted education and training for guidance counsellors in anti-Black racism and in guiding Black youth toward success; and
    • facilitate the development of mentorship programs within communities and schools for Black youth.

Health and mental health

Medium term

28. Prioritize funding to programs that identify and train Black mental health professionals to provide culturally-sensitive mental health care and early intervention to Black children, families, and individuals, and ensure that individuals in need of these services can access them without regard to cost.
29. Extend the Interim Federal Health Program to temporary foreign workers.

Child welfare

Medium term

30. Work with the provinces and territories to:
    • expand resourcing for parenting support and programming for Black parents and families; and
    • provide greater education and training to social workers that prioritizes keeping families together where possible, and provides education on cultural sensitivity and the realities of anti-Black racism and the challenges faced by newcomers.

Immigration and settlement

Short term

31. Work with provinces and territories to properly resource existing specialized settlement and integration programs to address the distinct challenges encountered by Black refugees and newcomers.
32. Partner with Black community organizations and expand and properly resource existing projects to create toolkits and orientation manuals for newcomers, including information on the criminal justice system and legal services, ensuring translation into major languages spoken by newcomers.
33. Ensure that Canada signs, ratifies, and adheres to the International Convention on the Protection of the Rights of All Migrant Workers and their Families.

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