JustFacts
The Impact of Mandatory Minimum Penalties on Indigenous, Black and Other Visible Minorities
October 2017
Research and Statistics Division
This fact sheet presents information on federal offenders who were convicted of an offence punishable by a mandatory minimum penalty (MMP) as the most serious offence in the sentence, and were admitted to federal custody between fiscal years 2007/08 and 2016/17. Data was obtained from the Correctional Service of CanadaFootnote 1. Offenders were included in the dataset if the most serious offence upon admissionFootnote 2 was an offence punishable by an MMP. The goal of this research was to determine whether Indigenous and visible minority offenders were differentially affected by MMPs over a period of ten years.
Black and Indigenous offenders are overrepresented in admissions to federal custody
Of the total Canadian population, 2.9% of people self-identify as Black, 4.3% as Indigenous and 16.2% as ‘other’ visible minorities.Footnote 3 Combined over the ten year study period, White/non-visible minority offenders comprised 60% of the federal offender population at admission. Indigenous offenders comprised the next largest proportion (23%), while Black and other visible minority offenders comprised approximately 9% each. Of these groups, the proportion of Indigenous offenders increased most dramatically, from 20% of admissions in 2007/08 to 25% in 2016/2017 (see Table 1).
Black and other visible minority offenders are more likely to be admitted to federal custody for an offence punishable by an MMPFootnote 4
Over the ten year study period, Black and other visible minority offenders were much more likely to be admitted with a conviction for an offence punishable by an MMP. Almost half (48%) of other visible minority offenders were admitted with an MMP offence as the most serious in the sentence, as were 39% of Black offenders, 20% of Indigenous offenders, and 31% of White offenders (see Table 1).
While White offenders comprised the majority of offenders admitted with an MMP offence over the 10 year period (61% of all offenders admitted with an MMP were White), the proportions of Black (11%) and other visible minority offenders (13%) admitted with an MMP offence was higher than their overall representation in admissions to federal custody (approximately 9% each; Table 1).
The proportions of Indigenous and White offenders admitted with an offence punishable by an MMP has increased
In 2007/08, 14% of Indigenous offenders admitted to federal custody were convicted of an offence punishable by an MMP as the most serious in the case. By 2016/2017, that proportion increased to 26%. The proportion of White offenders admitted with an MMP also increased, from 24% to 40%, while the proportions of Black and other visible minority offenders remained steady (averaging around 39% and 48% respectively over the 10-year period; see Chart 1).
Text version: Chart 1: Proportion of offenders, by race, admitted to federal custody for offences punishable by an MMP, 2007/08 to 2016/17
A horizontal time-series chart illustrates the percentage of Black, Indigenous, White/non-visible minority and other visible minority offenders admitted to federal custody with an offence punishable by a mandatory minimum penalty as the most serious offence in the sentence, between fiscal years 2007/2008 and 2016/2017. The Y axis is measured in percentage of offenders in each race group, and increases in increments of 5 from zero to 55%. The X axis lists every fiscal year from 2007/2008 to 2016/2017.
There are 4 coloured lines that run along the X axis. They refer to the four race groups; Black, Indigenous, White/non-visible minority and other visible minority. Of the Black offenders admitted to custody in 2007/2008, 38% had an offence punishable by an MMP as the most serious offence in the sentence. This percentage changed minimally over the 10-year period and by 2016/2017, 41% of Black offenders admitted to federal custody had an MMP as the most serious offence in the sentence.
Indigenous offenders had the lowest proportion of offenders admitted with an offence punishable by an MMP as the most serious in the sentence throughout the study period. However, this proportion increased substantially from 14% in 2007/2008 to 26% by 2016/2017. White/non-visible minority offenders had the second-lowest proportion of offenders admitted with an offence punishable by an MMP as the most serious in the sentence. However, this proportion also increased, from 24% in 2007/2008 to 40% in 2016/2017.
Non-visible minority offenders had the highest proportions of admission to federal custody with an offence punishable by an MMP as the most serious in the sentence. In 2007/2008, 46% of non-visible minority offenders admitted to federal custody had an offence punishable by an MMP as the most serious in the sentence. This proportion fluctuated over the 10-year period, but was similar in 2016/2017 (47%).
Drug offences make up the majority of MMP offences for which an offender is admitted to federal custody
Between 2007/08 and 2016/2017, drug offences comprised 75% of all offences punishable by an MMP for which offenders were admitted to federal custody. Most of those drug convictions (89%) were for trafficking (s. 5 of the Controlled Drug and Substances Act). The next most common offences punishable by an MMP were sexual interference of a person under the age of 16 (s. 151 of the Criminal Code; 8%) and robbery, use of a firearm (s. 344; 5% respectively).
Black offenders are more likely to be admitted with a section 6 CDSA offence - importing/exporting and possession for the purpose of exporting
Over the 10 year period, Black offenders comprised the largest proportion (42%) of offenders convicted of a CDSA section 6 offence (importing/exporting or possession for the purpose of exporting). This proportion increased over time, from 33% in 2007/08 to 43% in 2016/17. The proportion of Indigenous offenders increased from 2% to 12% over the same timeframe, while the proportion of White offenders decreased (from 38% to 25%). The largest increase for Indigenous offenders occurred after the Safe Streets and Communities Act in 2012, when MMPs were enacted for the CDSA offences. In 2012/13, Indigenous offenders comprised 1% of all federal offenders that were convicted of a s. 6 CDSA offence and this increased to 12.5% by 2016/17.
White offenders were more likely to be admitted with a trafficking (s. 5 of the CDSA) or production (s. 7 of the CDSA) offence – they comprised 63% and 72% of these two groups, respectively, over the ten year period. Only 30% of the offenders admitted with a s. 6 offence (importing/exporting and possession) were White.
Indigenous offenders comprise an increasingly large proportion of offenders admitted for a firearm-related offenceFootnote 5
Between 2007/08 and 2016/17, there were 1,743 offenders admitted to federal custody with a firearm offence punishable by an MMP. Although the number of offenders admitted with a firearm-related offence remained relatively stable over time, Indigenous representation increased. In 2007/08, Indigenous offenders comprised 17.5% of the total number of offenders admitted with a firearm-related offence punishable by an MMP and by 2016/17 the proportion increased to 40%. The proportion of Black offenders decreased from 22% to 11% and the proportion of White offenders decreased from 52% to 41%. The proportion of other visible minorities fluctuated over the ten years, but was similar in 2007/08 (8%) and 2016/2017 (7%).
Black, Indigenous and other visible minority offenders are disproportionately represented for various violent and non-violent offences involving the use of a firearm
The proportion of offenders admitted with a firearm-related offence punishable by an MMP that were Indigenous increased dramatically between 2007/08 (17%) and 2016/2017 (40%). Concurrently, the relative proportions of Black and White offenders decreased (see Chart 2).
The types of offences also differed by race group. Over the 10 year period, Indigenous offenders comprised a disproportionately high percentage of offenders admitted for criminal negligence causing death (s. 236; 31%), discharging a firearm with intent (s. 244; 31%), sexual assault with a weapon (s. 272; 43%) and robbery, use of a firearm (s. 344; 27%).
Black offenders are disproportionately represented for use of a firearm in the commission of an offence (s. 85; 15%), discharging a firearm with intent (s. 244; 25%), attempted murder, use of a firearm (s. 239; 28%), and robbery, use of a firearm (s. 344; 17%). Black offenders also comprised a disproportionately high percentage of offenders admitted for non-violent firearms offences, including weapons trafficking (s. 99; 25%) and firearms trafficking (s.100; 42%).
Other visible minority offenders are disproportionately represented for attempted murder, use of a firearm (s. 239; 17%).
Text version: Chart 2: Federal offenders admitted for firearm-related offences punishable by an MMP, by race, 2007/08 to 2016/17
A horizontal stacked-bar graph illustrates the relative proportions of Black, Indigenous, White/non-visible minority and other visible minority offenders admitted to federal custody with a firearm-related offence punishable by a mandatory minimum penalty as the most serious offence in the sentence, between fiscal years 2007/2008 and 2016/2017. The Y axis is measured in percentage of offenders in each race group, and increases in increments of 10 from zero to 100%. The X axis lists every fiscal year from 2007/2008 to 2016/2017.
The stacked bars represent 100% of all federal offenders admitted with a firearm-related offence punishable by a mandatory minimum penalty. Each race group is represented in the bars by a different colour, in proportion to their representation in the group of offenders admitted with a firearm-related offence punishable by a mandatory minimum penalty. In general, the relative proportion of Indigenous offenders increased over the 10-year period, while the relative proportions of White/non-visible minority offenders and Black offenders decreased.
In 2007/2008, White/non-visible minority offenders accounted for 52% of the total number of offenders admitted with a firearm-related offence punishable by a mandatory minimum penalty as the most serious in the sentence. Moving down the bar, other visible minority offenders accounted for 8%, Indigenous offenders accounted for 18% and Black offenders accounted for 23%. By 2016/2017, these proportions had shifted with White/non visible minority offenders accounting for 41% of the total number of offenders admitted with a firearm-related offence punishable by a mandatory minimum penalty as the most serious in the sentence, other visible minority offenders 7%, Indigenous offenders 40% and Black offenders 11%.
The proportion of Indigenous offenders admitted with a child sexual offence is increasing
Over the ten year period, 1,882 offenders were admitted to federal custody with a child-related sexual offence punishable by an MMP. The number of offenders increased substantially from 31 in 2007/08 to 366 in 2016/17.Footnote 6 In 2007/08, Indigenous offenders comprised 10% of the total group of offenders admitted with a child sexual offence punishable by an MMP, and this proportion increased to 18% by 2016/17. The proportion of White offenders in this group decreased from 84% to 75% over the same timeframe.
Race Group | 2007/ 2008 |
2008/ 2009 |
2009/ 2010 |
2010/ 2011 |
2011/ 2012 |
2012/ 2013 |
2013/ 2014 |
2014/ 2015 |
2015/ 2016 |
2016/ 2017 |
Total |
---|---|---|---|---|---|---|---|---|---|---|---|
White | 63.6 | 62.5 | 60.7 | 59.5 | 57.4 | 58.2 | 59.1 | 59.1 | 58.6 | 59.3 | 59.8 |
Indigenous | 20.3 | 20.1 | 21.6 | 22.7 | 23.9 | 22.9 | 23.2 | 23.5 | 25.9 | 25.4 | 22.9 |
Black | 8.4 | 9.2 | 9.4 | 9.1 | 9.9 | 9.7 | 8.6 | 8.5 | 7.4 | 7.4 | 8.8 |
Other Visible Minority | 7.7 | 8.2 | 8.3 | 8.6 | 8.7 | 9.2 | 9.0 | 9.0 | 8.1 | 8.0 | 8.5 |
Race Group | 2007/ 2008 |
2008/ 2009 |
2009/ 2010 |
2010/ 2011 |
2011/ 2012 |
2012/ 2013 |
2013/ 2014 |
2014/ 2015 |
2015/ 2016 |
2016/ 2017 |
Total |
---|---|---|---|---|---|---|---|---|---|---|---|
White | 61.5 | 61.2 | 60.7 | 59.0 | 58.3 | 59.3 | 61.2 | 61.6 | 63.9 | 63.9 | 61.1 |
Indigenous | 11.6 | 12.1 | 12.2 | 13.4 | 14.1 | 14.6 | 16.3 | 15.9 | 16.9 | 17.8 | 14.7 |
Black | 12.8 | 12.9 | 14.0 | 12.3 | 12.7 | 12.8 | 9.6 | 10.1 | 7.6 | 8.3 | 11.2 |
Other Visible Minority | 14.1 | 13.9 | 13.1 | 15.4 | 14.9 | 13.2 | 12.9 | 12.4 | 11.6 | 10.1 | 13.1 |
Race Group | 2007/ 2008 |
2008/ 2009 |
2009/ 2010 |
2010/ 2011 |
2011/ 2012 |
2012/ 2013 |
2013/ 2014 |
2014/ 2015 |
2015/ 2016 |
2016/ 2017 |
Total |
---|---|---|---|---|---|---|---|---|---|---|---|
White | 24.0 | 26.0 | 28.6 | 27.7 | 30.1 | 31.2 | 34.4 | 36.1 | 39.1 | 39.7 | 31.4 |
Indigenous | 14.2 | 16.0 | 16.1 | 16.5 | 17.4 | 19.6 | 23.1 | 23.3 | 23.5 | 25.6 | 19.7 |
Black | 38.2 | 37.3 | 43.1 | 38.0 | 36.9 | 39.7 | 37.0 | 40.4 | 36.0 | 40.9 | 38.8 |
Other Visible Minority | 45.6 | 45.0 | 45.9 | 49.8 | 50.5 | 44.0 | 47.6 | 48.0 | 52.1 | 46.7 | 47.5 |
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