The Implementation Plan in detail: a foundation and first step

I. Government of Canada commitments to combatting anti-Black racism in the criminal justice system

“Racism is a refuge for the ignorant. It seeks to divide and to destroy. It is the enemy of freedom, and deserves to be met head-on and stamped out.”
(Pierre Berton, author)

A 10-year plan toward a better future

The Government of Canada commits to combatting anti-Black racism and systemic discrimination in the criminal justice system to reduce the overrepresentation of Black people, including as victims of crime.

Race is a social construct, but the experience of racism is very real. Research is clear that racism has a negative impact on people’s abilities to fully participate and contribute to society. This is contrary to Canadian values and cannot continue to be the reality for some Canadians. We have the privilege of living in a country that takes pride in our global reputation as champions of human rights and equal opportunity. Effective policymaking should consider the intersecting identity and social factors of all people impacted by policies and programs. As the Report concludes, change is needed across many systems. This 10-year plan is a phased response that recognizes that these changes cannot be made all at once, that concrete actions must begin now, and that consistent and sustained effort and monitoring over time will be required. This commitment recognizes one of the five Guiding Principles of the Report – reparative justice, or recognizing the long-term impact of historical injustices on Black people and creating pathways to repair those harms.

The 10-year plan will involve the following phases:

Informed by evidence

The Government of Canada commits to collecting disaggregated data by race to better understand how unequal outcomes experienced by Black people in other systems, such as education, health, housing and employment, impacts on the risks of criminal justice system involvement, as well as the unequal outcomes of Black people within the criminal justice system.

Disaggregated data, that is breaking down large-scale datasets into sub-categories such as race, ethnicity, gender, or region or a combination of these sub-categories,Footnote 2 allows governments to identify and address systemic issues that impact specific populations differently to design effective interventions. Currently, however, disaggregated race-based data is not widely collected in Canada. Collecting such data will increase understanding of disparities in treatment and outcomes based on race and help design better interventions to reduce overrepresentation. It will also help governments understand where targeted resources should be allocated, monitor whether changes in legislation, policies and programs are effective, and identify where further changes are needed. We know that Black people are overrepresented in the criminal justice system, including as victims of crime, but our understanding of the extent of the barriers and disparities that Black people face is incomplete. Thus, a harmonized and consistent approach to the collection of disaggregated race-based data is necessary to be effective. This commitment recognizes another two of the five Guiding Principles of the Report, Sankofa, or learning from the past to guide the future, and evidence-based decision-making.

Demonstrating federal leadership, and continuing to work with Black communities and all levels of government

The Government of Canada commits to leading efforts to remove systemic barriers caused by anti-Black racism and systemic discrimination, by working with Black communities and other governments to make substantive changes to the criminal justice system.

In Canada, the criminal law is a shared responsibility between the federal government and the provinces and territories. The federal government is responsible for enacting criminal legislation and determining procedures in criminal matters. Provincial governments are responsible for administering justice and play the leading role in arranging the systems in and by which crimes are investigated and tried. This shared responsibility means that all levels of government can learn from one another and benefit from the valuable insights of members of Black communities about the issues in the criminal justice system that need to change. Notably, some provincial governments have taken action that we can learn from and build upon:

This commitment recognizes one of the five Guiding Principles of the Report, Africentrism, or the active involvement of Black communities in all processes that affect them. It also recognizes one of the five Priority Areas identified by the Steering Group, that of close collaboration with provincial, territorial and municipal governments to effect change.

Recognizing that the human and economic costs of inaction will only increase

The Government of Canada commits to developing effective and efficient legislation, policies, and programs, that promote restorative justice, diversion and alternatives to incarceration where appropriate, while protecting the interests of victims and survivors, and our broader society, with the goal of reducing the overrepresentation of Black people in the criminal justice system, including as victims of crime.

The costs of the Canadian criminal justice system continue to rise, with policing services accounting for most of that spending, followed by corrections, courts, prosecutions, and legal aid.Footnote 5 Investments in keeping people out of the justice system gives people a sense of purpose and allows them to fully contribute to society. This means investing in employment and skills training, and community-building initiatives that connect people and expand their horizons and the realm of possibilities. Such investments also help to keep families together, strengthen community safety and wellbeing, and reinforce trust in our institutions. They make good economic sense; and help avoid the downstream costs of the criminal justice system. This commitment recognizes one of the five Guiding Principles of the Report, the Principle of Restraint, or that the criminal justice system should be used as a last resort.

II. Establishing Canada’s Black Justice Strategy

In the December 2024 Fall Economic Statement, the Government of Canada proposed an investment of $276.4 million as part of the establishment of Canada’s Black Justice Strategy – a cross-governmental approach to addressing the overrepresentation of Black people in the criminal justice system, including as victims of crime. The Government of Canada intends to invest in data and training measures, key overarching recommendations in the Report, as well as investments in each of the five pillars of the Report, including renewing the Black Entrepreneurship Program.

The Steering Group’s Reportis an historic and important document that outlines the work needed to address the anti-Black racism entrenched in our criminal justice system. The recommended changes in the Report involve fundamental shifts in how the criminal justice system responds to crime, to better protect all people in our society, by addressing the risk factors for criminal justice system involvement. These recommendations challenge criminal justice officials and officials in all of Canada’s social institutions to do better to design earlier interventions to keep individuals out of the criminal justice system wherever possible, so that people who are struggling because of barriers in other systems do not end up at greater risk of criminal justice system involvement because of the impact of those barriers. Many of these recommendations have been made before in reports since the 1989 Report on Discrimination Against Blacks in Nova Scotia: The Criminal Justice System, that was prepared as part of the Royal Commission on the Donald Marshall, Jr., Prosecution.

The January 2024 Halifax Declaration: Manifesto for the Eradication of Racial Discrimination (“the Declaration”) published by the Michaëlle Jean Foundation, also sets out important considerations that the Government of Canada must take into account in addressing the recommendations in the Steering Group Report.Footnote 6 The Declaration calls for Canada’s Black Justice Strategy to acknowledge “the various factors related to all aspects of our condition and needs, especially the barriers we encounter in the criminal justice system”, and for all levels of government to work together with Black communities to address the overrepresentation of Black people in the criminal justice system, with a specific focus on prevention and intervention efforts led by Black associations and community-based organizations, and investments in community development, housing, employment, education, and health.

Pillar 1: social determinants of justice (recommendations 9 to 33)

“Many studies demonstrate that women, Aboriginal people, visible minorities and immigrants are vulnerable to socio-economic disadvantages such as unemployment, underemployment, low incomes and social segregation. … A strategy to improve the quality of life and socio-economic outcomes of all citizens requires the full engagement of government and civil society.” (Canada’s Action Plan Against Racism, 2005)

“Young men being sent back ‘home’ have learned the wrongdoings here not back ‘home’, and so, if they are a problem, they are a Canadian problem.” (Words of a participant commenting on deportation, Network for the Advancement of Black Communities (NABC) Report of Community engagement and consultation held in Ontario for Canada’s Black Justice Strategy, (2023))

The social determinants of justice (employment, income, housing, education, and health) are factors where negative outcomes can increase risk of involvement with the criminal justice system.Footnote 7 The Report recommends early investments in these areas to address disparities in outcomes that Black people experience and to help decrease the risk of criminal justice system involvement.

The 2024 Fall Economic Statement proposed new investments of:

The criminal justice system does not operate in a vacuum, and as such, addressing overrepresentation requires transformative change in other systems. Filling data gaps and providing education and training to those who are responsible for developing laws, policies, programs and services, is a necessary first step to designing effective interventions. The Youth Employment and Skills Strategy Program and the Black Entrepreneurship Program have successfully removed systemic barriers and have proven to promote financial self-sustainability. Investing in preventive initiatives such as these means there is a lower risk of contact and involvement with the criminal justice system, reducing the need or demand for services and programming throughout the criminal justice system to reintegrate into society. Similarly, health care services that integrate trauma-informed and culturally-safe approaches across the continuum of care, including prevention, treatment, recovery, and harm reduction, have been shown to reduce contact with the criminal justice system by providing better outcomes for individuals, communities and systems.

Pillar 2: policing (recommendations 34 to 42)

“When racial bias transpires during police interactions, the confidence and trust of the public in our services is shaken, and these are the cornerstones of our profession. To stop systemic racism requires a whole of society approach.”
(Bryan Larkin, RCMP Deputy Commissioner and former Chief of the Waterloo Regional Police Service)

The Report emphasizes that there is work that needs to be done to build trust and confidence between Black people and police. Research shows that Black people in Canada are more likely to be stopped, searched, and charged by police, experience higher levels of police surveillance, and are overrepresented in police use of force, officer-involved shootings, and police-related deaths. This impacts Black people’s trust and confidence in the police. To address this reality, the Report recommends an ongoing review of police practices and standards, mandatory anti-Black racism and cultural competency training in police curriculum, and a whole of justice system approach to collecting, analyzing, and reporting on race and identity-based data for police interactions.

The 2024 Fall Economic Statement proposed a new investment of $18.2 million over two years, starting in 2025-26, to the Royal Canadian Mounted Police that is intended for:

Pillar 3: courts and legislation (recommendations 43 to 85)

“I have very little faith in the system's responsiveness to the needs of Black victims and its ability to be fair and just to accused Black people.” (Words of a participant, Jaku Konbit Report of Community engagement and consultation held in Ontario for Canada’s Black Justice Strategy, (2023))

“Usually, Black people get stiffer sentences and experience less leniency by the courts.” (Words of a participant, ISSAMBA Centre Report of Community engagement and consultation held in British Columbia for Canada’s Black Justice Strategy, (2023))

“I took a plea deal for 10 years for a crime I did not commit because I feared that the jurors couldn’t relate to me and I didn’t want to put my life in their hands. There were no Black jurors and people tend to look at themselves as family and others as not.” (Words of a participant, Think 2wice Report of Community engagement and consultation held in Ontario for Canada’s Black Justice Strategy, (2023))

The Report recommends amendments to the criminal law to address the disparate outcomes that Black people experience at all stages of the criminal court process, targeted programming to help Black people navigate through and out of the system, and the expansion of the availability of Impact of Race and Culture Assessment (IRCA) reports across Canada to help sentencing judges consider how anti-Black racism and systemic discrimination contribute to a Black person’s interaction with the justice system, as well as the expansion of the use of IRCAs at other decision points in the criminal justice system, such as bail and parole hearings.

The 2024 Fall Economic Statement proposed $23.6 million over two years, starting in 2025-26, for the Department of Justice Canada to:

Diversion is a way of holding the accused accountable outside the court process.

Conferences are gatherings involving various professionals and stakeholders, including the young person concerned and their family, where recommendations concerning the youth’s case (for example, sentencing, conditions of release, rehabilitation, etc.) are discussed.

These proposed investments will help contribute to a more equal, fair and just system by connecting individuals to available services that account for their specific needs and experiences. This will also assist courts by ensuring they have appropriate information and are aware of available resources when making decisions.

Pillar 4: corrections (recommendations 86 to 103)

“…. I am very disappointed to report that the same systemic concerns and barriers identified nearly a decade ago, including discrimination, stereotyping, racial bias and labeling of Black prisoners, remain as pervasive and persistent as before.” (Office of the Correctional Investigator (2022))

“CSC [Correctional Service Canada] recognizes culturally sensitive programs should be a part of your correctional plan but don’t have any available.” (Words of a participant, Think 2wice Report of Community engagement and consultation held in Ontario for Canada’s Black Justice Strategy, (2023))

“STG [Security Threat Groups] label was made for Black people.” (Words of a participant, Think 2wice Report of Community engagement and consultation held in Ontario for Canada’s Black Justice Strategy, (2023))

The Report emphasizes the negative outcomes that Black offenders experience while incarcerated, including higher security classifications, lower levels of access to programming and employment opportunities, and higher levels of use of force, and institutional discipline. The Report recommends reviews of practices and policies where there is overrepresentation of Black offenders and new programming to meet the specific needs of Black offenders.

The 2024 Fall Economic Statement proposed a new investment of $7.9 million over 2 years, starting in 2025-26, for Correctional Service Canada’s Black Offender Strategy, that is intended to help support successful rehabilitation during incarceration by delivering culturally- and gender-appropriate programming and specialized services and supports. Black-specific services would include Afri-Centric initiatives like the Black Social History assessment, Black Community Liaison and Reintegration Officers, and the Black Mentorship Program.

Pillar 5: parole, re-entry, and reintegration (recommendations 104 to 114)

“There is often not someone to guide them in the direction of education opportunities, expungement of records, getting them access to other supports in the community. I can imagine when that person comes out of incarceration or the facility, it's scary.” (Words of a participant, ISSAMBA Centre Report of Community engagement and consultation held in British Columbia for Canada’s Black Justice Strategy, (2023))

“Sometimes it feels people are left out of the system and set up to fail. There isn’t much support available to people. They are shunned from society. They need mental health support and access to skills training programs [...]. Mental health is still a taboo in the community and funding needs to go to community programs that offer culturally relevant and responsive mental health services.” (Words of a participant, African Canadian Civic Engagement Council Report of Community engagement and consultation held in Alberta for Canada’s Black Justice Strategy, (2023))

The Report highlights the disparities that Black people experience in accessing parole and reintegrating into society. These disparities are linked to anti-Black racism and the unequal outcomes that Black people experience across the social determinants. The Report recommends the provision of targeted services with the support of Black communities and community-based organizations that provide reintegration services.

The 2024 Fall Economic Statement proposed a new investment of $16.7 million over two years, starting in 2025-26, for Public Safety Canada to work with Black-led organizations, or organizations that serve primarily Black populations, to develop responsive services, as well as assist with applications for record suspensions (formerly known as pardons). Public Safety will also conduct research on re-contact to better understand the unique intersections between social, economic, and systemic factors that contribute to the overrepresentation of Black people in the criminal justice system. The study will cross-reference re-contact data with social domain information in alignment with the Federal Framework to Reduce Recidivism, which offers a multidimensional perspective on factors that may impact recidivism.

A record suspension allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated that they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. A record suspension helps take away the stigma of a criminal record, and opens doors to job, educational, and volunteer opportunities. A record suspension does not erase a criminal record, but sets it aside (sexual offences continue to be flagged in vulnerable sector checks). The record suspension can be revoked or cease to have effect if a person is:

  • convicted of a new indictable offence, or, in some cases, a summary offence
  • found to no longer be of good conduct
  • found to have made a false or misleading statement, or hidden information when they applied
  • found to have been ineligible for a record suspension at the time the record suspension was ordered

Re-contact is subsequent contact with police, courts, or corrections.

III. Tracking progress: an accountability framework

Black people have been advocating for systemic changes to the criminal justice system for decades. As part of the commitment of the Government of Canada to combatting 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, we recognize the need for solutions that include Black people and communities and reflect their voices. We equally recognize that these questions are not the sole responsibility of Black communities, and that part of the role and responsibility of governments is to bridge the gap between the high levels of awareness and discussions about the human costs of anti-Black racism and the urgent need for change that is happening in Black communities, and lower levels of awareness and action in broader parts of Canadian society.

Transformative change cannot be accomplished in one step. Some changes will require more disaggregated data to design effective new initiatives, others will require cooperative efforts with other levels of governments, and yet others will require models to be built with community-based organizations. As a result, there will be a need for mechanisms so that Black communities can keep governments accountable on their progress.

The work needed is extensive and cannot be completed in one phase or initiative. It requires change in many interrelated societal systems, from education, through housing and health to justice, including the need for disaggregated data in all these systems, and for awareness, training, and cultural competence in all these systems as well. As a result, this Plan is a first step, building on a great deal of earlier work, toward the needed changes. Other phases of the work will need to follow, and to ensure that they do, there will be a need for mechanisms to keep the Government of Canada accountable to Black communities on progress and outcomes. We will also work with other levels of government to address this issue, particularly on areas under their responsibility and to build on work that is already underway in their jurisdictions. Some of the initiatives underway in the Government of Canada are highlighted at the end of this Plan.

In response to the recommendations for accountability mechanisms in the Report, the Plan includes the continuation of the external Steering Group for Canada’s Black Justice Strategy for two years, as proposed with investments from the 2024 Fall Economic Statement. When the implementation of the recommendations begins, the external Steering Group will continue providing strategic advice to the Government of Canada on the next phase of work that is needed to achieve transformative change.

The Plan recognizes an earlier announcement by the Minister of Diversity, Inclusion and Persons with Disabilities as an accountability mechanism.

On August 30, 2024, the Government of Canada announced that a total of $7.25 million would be provided over three years to the Caribbean African Canadian Social Services to establish the first-ever Canadian Institute of People of Afrikan Ancestry (CIPAA)Footnote 8 to work on issues affecting Black communities. The objectives of the Institute include:

  • informing and influencing policy and the creation of programs of all orders of government from a Black-centric perspective
  • undertaking applied research, collecting and analysing knowledge, information sharing, engaging with communities and building networks and connections
  • improving overall outcomes for people of African descent in Canada

IV. The context: how did we get here?

“It should be apparent that a democratic society faces a cruel dilemma when it promises equal opportunity to all and yet a considerable portion of its population suffers from blatant discrimination based on its racial classification.” (Discrimination Against Blacks in Nova Scotia: The Criminal Justice System, Dr. Wilson Head and Professor Don Clairmont, Prepared for the Royal Commission on the Donald Marshall, Jr., Prosecution, February 1989, 66.)

Section 15 of the Canadian Charter of Rights and Freedoms guarantees equality rights to all and sets out that every person in Canada is equal before and under the law and has the right to equal protection and benefit of the law, without discrimination. As we approach the 40th anniversary of the enactment of this important right and Canadian value, the Government of Canada affirms its commitment to combatting anti-Black racism and systemic discrimination in its various forms.

This is an important part of our path toward substantive equality. Our collective future depends on targeted commitments to improve the well-being of all Canadians, including those to address anti-Black racism, systemic discrimination, and inequality. As noted in the Steering Group Report, these changes:

“…require Canadians to think of justice differently; to move away from narratives of punishment to ones of accountability, reparations, and crime prevention. These changes will redirect resources to communities, to address the root causes of crime by healing trauma and increasing opportunity.”

The ongoing work toward a more equal society requires the participation of all of us, and begins by recognizing and acknowledging the diverse histories and lived experiences of all people in Canada. How much do we, as Canadians, know about when the unequal treatment of Black people began and why it continues? Anti-Black racism cannot be changed without first acknowledging that it exists and understanding its roots.

Origins of anti-Black racism in Canada

“You say that by baptism I shall be like you: I am black and you are white, I must have my skin taken off then in order to be like you.” (Olivier Le Jeune, enslaved child, New France, 1632)

“Black slaves are certainly the only people to be depended upon … pray therefore if possible procure for me two Stout Young Fellows … [and] buy for each a clean young wife, who can wash and do the female offices about a farm. I shall begrudge no price.” (James Murray, Governor of Quebec, 1763)

“Slavery…is the mother of racism.” (Dr. Carrie Best, Quoted by Chief Justice T Alexander Hickman (Chair), Royal Commission on the Donald Marshall, Jr., Prosecution, vol 7 (Halifax: Province of Nova Scotia, 1988) at 94)

Our collective history and our future as Canadians require understanding the origins of the legacy of colonialism, slavery, racial segregation, and restrictive immigration practices that were rooted in anti-Black racism. Many people in Canada are unaware of the parts of our history that have resulted in the systemic discrimination of Black people that persists in our society today. Anti-Black racism is rooted in the ideology that Black people are inferior, infantile, and inhuman.Footnote 9 This ideology was not unique to Canada but was the foundation for the forced migration of African people through the transatlantic slave trade. It was also part of the motivation for the colonization of Africa.

It is an uncomfortable reality to face, and one that is not always taught in schools, but Canada permitted the enslavement of Black people and of Indigenous peoples. Between 1629 and 1834, more than 4,000 people of African descent were enslaved in the British and French colonies that became Quebec, Ontario, Nova Scotia, Prince Edward Island, and New Brunswick.Footnote 10 The enslavement and dehumanization of Black people in the colonies was justified for economic development and enforced through laws that defined slaves as property without rights. An enslaved child, Olivier Le Jeune, is the first Black person recorded to have lived in New France, arriving sometime between 1629 and 1632, when he was sold to a white clerk in Quebec City.Footnote 11

Historians have linked the attempts of enslaved people to free themselves to extreme consequences. In 1734, a fire caused significant damage to Montreal. Marie-Joseph Angelique, an enslaved Black woman who had attempted to escape prior to the fire, was accused of setting it.Footnote 12 Angelique maintained her innocence but was found guilty of arson and sentenced to death. Before her execution, Angelique was tortured and allegedly confessed to the crime. She was subsequently hung to death.

The violence and injustice of slavery motivated enslaved people to continue to seek opportunities for freedom. Enslaved people who fought for the British during the American War of Independence were promised freedom and land for their efforts and came to be known as “Black Loyalists”.Footnote 13 After the war, Black Loyalists settled in Nova Scotia, New Brunswick and Upper Canada (later known as Ontario). However, these soldiers experienced discrimination despite their contributions during the war. The land grant process for these soldiers was much slower than for white Loyalists, and many received small plots of land that were not ideal for farming or no land at all. While waiting, Black people were barred from earning a living, and were only allowed to find positions as domestic servants or labourers.Footnote 14 These conditions led some Black Loyalists to return to the United States, and others to resettle in Sierra Leone in Africa, searching for equality.

Black people resisted enslavement, including by using the law to inspire change. In 1793, Peter Martin, a free Black man, petitioned the Executive Council of Upper Canada to act after witnessing the violent removal back to the United States of Chloe Cooley,Footnote 15 an enslaved Black woman who had escaped to freedom in Canada. The Upper Canada legislature subsequently passed legislation that restricted new enslavement in Upper Canada and granted freedom to any enslaved person arriving in the province. Unfortunately, it did not free those in Canada who were already enslaved, although it provided that their children would be freed at age 25.Footnote 16 As a result of this law, over 30,000 people fled slavery in the American South and came to Canada through the Underground Railroad, primarily assisted by other free Black people. Most settled in southern Ontario, but some also settled in Quebec, New Brunswick, and Nova Scotia.

The Slavery Abolition Act of 1833 abolished slavery in the British Empire on August 1, 1834, but for most enslaved people in Canada, the Act resulted only in partial liberation. Children under the age of six were freed, but those over the age of six were required to continue serving their former owners for four to six years as unpaid apprentices, as compensation to their former owners.

Nevertheless, Canada continued to be seen as a haven for enslaved Black Americans seeking refuge, and thousands arrived on Canadian soil between 1834 and the early 1860s. As the number of former slaves entering Canada significantly increased with the passage of the Fugitive Slave ActFootnote 17 in the United States in 1850, making the Northern States no longer a safe haven, concerns increased. This led to a petition in Canada to close the border to Black immigrants during the American Civil War, and in 1911, an Order-in-Council was issued, although repealed several months later, banning “any immigrants belonging to the Negro race, which is deemed unsuitable to the climate and requirements of Canada.”Footnote 18

After slavery, racial segregation practices relegated Black people to the margins of society as second-class citizens, both socially and economically.Footnote 19 These racial segregation practices existed in every aspect of life. Through the 1800s and into the 1900s, Black people in Canada were restricted from purchasing land and owning a home within established towns and cities, which led to the establishment of communities like Africville, which was set up outside of Halifax on land deemed to be otherwise unusable, and so suitable for settlement of “displaced people”.Footnote 20 Similar communities were formed in Ontario, such as Wilberforce, Priceville, the Dawn Settlement and the Elgin Settlement, including the Buxton Mission.Footnote 21 Schools were segregated and establishments that were open to the public, such as theaters, restaurants,Footnote 22 swimming poolsFootnote 23 and others, refused to serve Black people. Hospitals could refuse Black patients, and Black physicians. Black people were excluded from employment opportunities that they were qualified for. Although these discriminatory practices gradually became illegal when federal and provincial Human Rights Acts were enacted from the mid-1940s to the 1970s, some 140 years after the abolition of slavery, the last segregated Black school in Canada did not close until 1983 in Nova Scotia.Footnote 24

Despite resistance to their existence in Canada, Black people continued to fight against anti-Black racism and discrimination to improve the well-being of their communities. Trailblazers like Henry and Mary Bibb established schools to improve the education of Black children and adults and developed the first Black newspaper in Canada to advocate for human liberty and abolition of slavery. Mary Ann Shadd Cary, the daughter of the first Black man to be elected in Canada, Abraham Shadd (1859), began a second newspaper several years later. Thornton and Lucie Blackburn established Toronto’s first taxi-cab company and built homes they rented to newcomers. Active participation by Black people in Canada and active resistance to anti-Black racism continue today.

The Black Canadian experience: being Black in Canada

“For me, being Black in Canada, it's being strong and being the best you can. But at the same time, it's being misunderstood. Displaced at times. And yeah, you use that strength and courage to fight and to exist.” (Words of a participant, DESTA Black Community Network Report of Community engagement and consultation held in Quebec for Canada’s Black Justice Strategy, (2023))

“Being Black in Canada is a struggle. But I would prefer that being Black would just be rich and full of possibility.” (Words of a participant, DESTA Black Community Network Report of Community engagement and consultation held in Quebec for Canada’s Black Justice Strategy, (2023))

“…I remember having my two sons go to the dépanneur, and for the first time, seeing them walking off without mommy going to the store. And I was like, oh great. And then I looked at the stride they took and the confidence and that male strut. And I immediately went to fear. My 13-year-old is almost my height, right? So that’s fairly tall and he’s not a slim child, he’s more heavy set. And that fear is so, it’s like gut wrenching, you know what I mean? And then there’s conversations. I mean, I’ve spoken to them before, but I’m like, now we really, really, really have to have these conversations, right? And it’s so sad because you’re addressing this stuff with them and you have to say, ‘this puts you in a different light, yes, you’re a child, but please function as an adult, please function as an able-bodied, able-mind person that makes proper decisions.’ And it’s such a hard conversation to have.” (Words of a participant, DESTA Black Community Network Report of Community engagement and consultation held in Quebec for Canada’s Black Justice Strategy, (2023))

The Black population in Canada is one of the youngest, most diverse, and rapidly growing populations in Canada. Between 1996 and 2016, the Black population doubled in size, from just under 600,000 people in 1996 to close to 1.2 million people in 2016. The Black population now accounts for 4.3% of Canada’s total population (more than 1.5 million people)Footnote 25 and is projected to reach upwards of 5.6% of Canada’s total population by 2036. The Black population is also younger than the overall population in Canada, with a median age of 30.2 years compared to 41.2 years for the total population.

Black people have diverse origins. Many trace their heritage to families that have been in Canada for generations, while others have more recently immigrated from countries around the world. In the last Census, Black people reported more than 300 ethnic or cultural origins and more than 450 languages. Most Black people in Canada were either born in Canada (40.9%), in Africa (32.6%), or in the Caribbean and Bermuda (21.0%).Footnote 26

Between the 1960s and 1990s, earlier generations of Black people primarily immigrated to Canada from the Caribbean. Since 2001, recent immigrants are predominantly from Africa. The African-born immigrant population is highly educated, with 46% holding a bachelor’s degree or higher.Footnote 27

Despite their level of educational attainment, the Black population has lower rates of employment and earnings than other non-Indigenous, non-white populations, even when differences in age and education are considered.Footnote 28 While the proportion of the Black population that has attained a bachelor’s degree or higher (32.4%) is comparable to that of the total population (32.9%),Footnote 29 the median income for Black people with a bachelor’s degree or higher is $50,000 compared to $70,000 for the non-Indigenous, non-white population overall.Footnote 30 Black people born in Canada are more likely to be employed in lower-skilled jobs compared to their level of education, and to other non-Indigenous, non-white populations born in Canada.Footnote 31

Black people are more likely than the total population to experience food insecurity, which is strongly linked to poverty and associated with poorer health outcomes including poorer mental healthFootnote 32 and premature mortality.Footnote 33 Black lone mother families experience higher rates of food insecurity compared to non-Indigenous, non-white lone mother populations.Footnote 34

Homeownership is often considered as the main marker of wealth accumulation in Canada. Although homeownership is increasingly challenging for all Canadians, housing insecurity and accessibility has been a challenge for Black Canadians for many years. Studies show that Black people have the lowest homeownership rate in Canada, are more likely to live in inadequately sized housing, and spend more of their total income on housing.Footnote 35 In 2022, 51% of Black people reported that they would not be able to cover an unexpected expense of $500 compared to 26% of the total population.Footnote 36 In a recent study, Black people were overrepresented among people experiencing homelessness.Footnote 37 Among the Black population that has reported experiencing homelessness, Black women have the highest rate of homelessness.Footnote 38

“Well, for me, growing up in Montreal, it really started with hanging out with my group of friends. You play at the park, and you get labeled. You’re too loud. You make a lot of noise. They put up a gate around the basketball court. At some point, they put a lock on that gate as well. So, we had to climb up the fence to go play basketball. And then the police came, they said, you’re not allowed to play basketball before noon. And we had to play from noon to 8 PM. So, I would say, you can say a lot of factors. You could say poverty. You could say your economic situation.

So, I would say for me, it started out just existing in my neighborhood. That’s what it was, unfortunately and fortunately. Because we exist, we here. And we need to be confident enough to occupy the physical space. But in order to have that confidence, you need to know that you’re securing your environment. And growing up, I never really felt secure. And I would say too, that’s how a lot of my friends, their hatred started for the police. And that’s how they ended up going on the other side of society, quote unquote.” (Words of a participant, DESTA Black Community Network Report of Community engagement and consultation held in Quebec for Canada’s Black Justice Strategy, (2023))

Examples of these socioeconomic challenges were heard throughout the engagement and consultations with Black communities in Canada. Participants shared the impact of:

Participants also shared challenges navigating the criminal justice system:

Racial profiling is any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.

Despite these challenges, Black people remain resilient and more hopeful than average about their future.Footnote 39 For our shared wellbeing as a nation, we must nurture that hope and ensure that we continue to create opportunities for people to follow in the footsteps of heroic Canadians like William Hall, VC, and trailblazers like Viola Desmond,Footnote 40 Elijah McCoy,Footnote 41 Carrie M. Best, officer of the Order of Canada (O.C.), Officer of the Order of Nova Scotia (ONS), Hugh Burnett, Dr. Wilson Head, the Honourable Michaëlle Jean, Member of the Queen’s Privy Council for Canada (C.P.), Companion of the Order of Canada (C.C.), Commander of the Order of Military Merit (C.M.M.), Commander of the Order of Merit of the Police Forces (C.O.M.) and the Canadian Forces Decoration (C.D.) and Fellow of the Royal College of Physicians and Surgeons of Canada (F.R.C.P.S.C.), former Governor General of Canada, the Honourable Judge Corinne Sparks, former Nova Scotia judge, the Honourable Michael Tulloch, Chief Justice of Ontario, and many others.

Black Canadian leadership at the United Nations

“Canada’s history of enslavement, racial segregation and marginalization of African Canadians has left a legacy of anti-Black racism and had a deleterious impact on people of African descent, which must be addressed in partnership with the affected communities.” (2017 Report of the United Nations (UN) Working Group of Experts on People of African Descent on its mission to Canada)

“The Decade is a unique platform that emphasises the important contribution made by People of African descent to every society, and promotes concrete measures to stop discrimination and promote their full inclusion.”Footnote 42 (Michelle Bachelet, former UN High Commissioner for Human Rights)

"The biological fact of race and the myth of 'race' should be distinguished.  For all practical social purposes, 'race' is not so much a biological phenomenon as a social myth. The myth of 'race' has created an enormous amount of human and social damage. In recent years, it has taken a heavy toll on human lives and caused untold suffering."
(UNESCO antiracism statement, 1950, The Race Question)

In December 2013, the UN General Assembly adopted resolution 68/237, which proclaimed 2015 to 2024 as the International Decade for People of African Descent (UNDPAD), with the theme “People of African descent: recognition, justice and development.” The UNDPAD aims to highlight the contributions of people of African descent to societies and recognizes that “People of African descent have long been denied the full realization of their human rights and experience common issues, such as structural and institutional racial discrimination, that must be addressed.”Footnote 43

In August 2016, at the invitation of the Government of Canada and advocates from Black communities, the UN Working Group of Experts on People of African Descent visited Ottawa, Toronto, Halifax, and Montreal to learn more about the experiences of people of African descent in Canada. At the conclusion of their mission, the three-member United Nations delegation submitted the 2017 Report of the Working Group of Experts on People of African Descent on its mission to Canada, presenting recommendations to assist Canada in its efforts to combat all forms of racism, racial discrimination, xenophobia, Afrophobia and related intolerance.

Afrophobia is a term used to describe racism that targets people of African descent.

The report included a recommendation for the Government of Canada to “develop and implement an African Canadian justice strategy to address the anti-Black racism and discrimination within the criminal justice system.” This recommendation was rooted in decades of advocacy and calls for action from Black communities to address systemic racism and discrimination in the justice system. Then, in 2021, the Minister of Justice and Attorney General of Canada was mandated to develop Canada’s Black Justice Strategy, in consultation and cooperation with Black communities and provinces and territories and with the support of the Minister of Diversity and Inclusion and the Minister of Public Safety. The Strategy aimed to address anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in the Canadian criminal justice system, including as victims of crime.

In 2018, the Government of Canada was the first of the 35 member countries of the Organization for Economic Co-operation and Development to recognize the United Nations International Decade for People of African Descent, and to demonstrate a clear commitment toward fighting anti-Black racism. The International Decade ran from 2015 to 2024, with three themes – Recognition, Justice and Development. Canada’s Black Justice Strategy is the Government of Canada’s contribution to the second theme of “Justice”. On February 7, 2024, the Prime Minister announced an extension until 2028 of the federal government’s efforts under the International Decade to build initiatives to combat anti-Black racism and systemic discrimination faced by Black people in Canada, and to promote equality for all.Footnote 44 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. Under the International Decade, Government of Canada initiatives have focused on supporting the leadership of Black Canadians in business, social justice, and Black communities through programs including the Black Entrepreneurship Program, the Supporting Black Canadian Communities Initiative, the Black-led Philanthropic Endowment Fund and the Mental Health of Black Canadians Fund. As the second International Decade begins, the Government of Canada will continue to build on these efforts, fostering a country where all Canadians can succeed and where Black Canadians can thrive and meaningfully participate in all aspects of society. 

As states implement measures in support of the UNDPAD, the UN Office of the High Commissioner for Human Rights (OHCHR) recently expressed interest in initiatives that consider the circumstances of women, girls and young males, and measures to address access to justice, education, employment, health, and housing, as well as measures against poverty.Footnote 45

Through appearances at the UN Permanent Forum for People of African Descent, Black Canadian civil society leaders, including some members of the external Steering Group for Canada’s Black Justice Strategy, are influencing policies and practices affecting people of African descent worldwide, and encouraging the Government of Canada to demonstrate leadership in global efforts to eradicate anti-Black racism.