JustFacts

The Impact of Mandatory Minimum Penalties on Indigenous Peoples and Black and Other Racialized Groups

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May 2022

This fact sheet presents information on Canadian federal offenders who were admitted to federal custodyFootnote1 between fiscal years 2010/11 and 2019/20 for an offence punishable by a mandatory minimum penalty (MMP) as the most serious offence on sentence. Data were obtained from the Correctional Service of Canada.Footnote2 The primary aim of this research study was to examine whether Indigenous and racializedFootnote3 (i.e., non-White, non-Indigenous) offendersFootnote4 were differentially affected by MMPs over the ten-year period.Footnote5

Black and Indigenous persons are considerably overrepresented in admissions to federal custody

Of the total population in Canada, 3% identify as Black, 5% as Indigenous, and 19% as ‘other’ racialized individuals.Footnote6 Combined over the 10-year study period, White (i.e., non-Indigenous, non-racialized) offenders comprised 57% of the federal offender population at admission. Indigenous offenders comprised the next largest proportion (25%), followed by Black offenders (9%), and other racialized offenders (8%) (see Figure 1).

Figure 1. Prevalence of Indigenous and racialized identities in Canada and in federal offender admissions

Figure 1. Prevalence of Indigenous and racialized identities in Canada and in federal offender admissions
Figure 1. Prevalence of Indigenous and racialized identities in Canada and in federal offender admissions – Text version

This is a vertical bar graph with four categories representing population groups in Canada. The four categories are White, Indigenous, Black and other racialized group. There are two bars for each category (population group) – the blue is for the percentage of a group of the total population in Canada, the red is for the percentage of a group of the federal offender population.

The first category is for the White population group. The first bar is blue (Canadian population) and indicates 54%, the second bar is red (federal offender population) and indicates 57%.

The second category is for the Indigenous population group. The first bar is blue (Canadian population) and indicates 5%, the second bar is red (federal offender population) and indicates 25%.

The third category is for the Black population group. The first bar is blue (Canadian population) and indicates 2%, the second bar is red (federal offender population) and indicates 9%.

The fourth category is for other racialized groups. The first bar is blue (Canadian population) and indicates 19%, the second bar is red (federal offender population) and indicates 8%.

Of these groups, the proportion of Indigenous offenders increased most noticeably over the 10-year period, from 23% in 2010/11 to 29% in 2019/20 (see Figure 2). Comparatively, the proportion of White offenders has experienced an 8% decrease over the 10-year period and the proportion of Black and other racialized offenders has stayed generally steady.

Figure 2. Admissions to federal custody, by Indigenous and racialized identities, 2010/11 to 2019/20: All admissions to federal custody

Figure 2. Admissions to federal custody, by Indigenous and racialized identities, 2010/11 to 2019/20: All admissions to federal custody
Figure 2. Admissions to federal custody, by Indigenous and racialized identities, 2010/11 to 2019/20: All admissions to federal custody – Text version

This is a line graph representing the proportions of population groups of admissions to federal custody over ten fiscal year time points. There are ten categories along the horizontal axis, representing fiscal years 2010/11 to 2019/20. The graph has four lines, representing White, Indigenous, Black and other racialized group. The blue line represents White offenders, the red line represents Indigenous offenders, the green line represents Black offenders and the purple line represents offenders from other racialized groups.

For the first fiscal year category (2010/11) the blue line (White offenders) indicates 60%. The red line (Indigenous offenders) indicates 23%. The green line (Black offenders) indicates 9%. The purple line (other racialized group) indicates 8%.

For the second fiscal year category (2011/12) the blue line (White offenders) indicates 57%. The red line (Indigenous offenders) indicates 25%. The green line (Black offenders) indicates 10%. The purple line (other racialized group) indicates 8%.

For the third fiscal year category (2012/13) the blue line (White offenders) indicates 58%. The red line (Indigenous offenders) indicates 24%. The green line (Black offenders) indicates 10%. The purple line (other racialized group) indicates 8%.

For fourth fiscal year category (2013/14) the blue line (White offenders) indicates 59%. The red line (Indigenous offenders) indicates 24%. The green line (Black offenders) indicates 9%. The purple line (other racialized group) indicates 8%.

For the fifth fiscal year category (2014/15) the blue line (White offenders) indicates 59%. The red line (Indigenous offenders) indicates 24%. The green line (Black offenders) indicates 9%. The purple line (other racialized group) indicates 8%.

For the sixth fiscal year category (2015/16) the blue line (White offenders) indicates 58%. The red line (Indigenous offenders) indicates 26%. The green line (Black offenders) indicates 8%. The purple line (other racialized group) indicates 8%.

For the seventh fiscal year category (2016/17) the blue line (White offenders) indicates 58%. The red line (Indigenous offenders) indicates 26%. The green line (Black offenders) indicates 8%. The purple line (other racialized group) indicates 8%.

For the eighth fiscal year category (2017/18) the blue line (White offenders) indicates 56%. The red line (Indigenous offenders) indicates 28%. The green line (Black offenders) indicates 9%. The purple line (other racialized group) indicates 8%.

For the ninth fiscal year category (2018/19) the blue line (White offenders) indicates 53%. The red line (Indigenous offenders) indicates 28%. The green line (Black offenders) indicates 9%. The purple line (other racialized group) indicates 9%.

For the tenth fiscal year category (2019/20) the blue line (White offenders) indicates 52%. The red line (Indigenous offenders) indicates 29%. The green line (Black offenders) indicates 10%. The purple line (other racialized group) indicates 9%.

Racialized offenders are more likely to be admitted to federal custody for an offence punishable by an MMP

Between 2010/11 and 2019/20, there were 21,446 offenders admitted to federal custody for an offence punishable by an MMP. Over this ten-year period, Black and other racialized offenders were much more likely to be admitted for an offence punishable by an MMP. Three-fifths (60%) of other racialized offenders were admitted for an MMP offence as their most serious in the sentence, as were 53% of Black offenders, 46% of White offenders, and 36% of Indigenous offenders.

White offenders comprised the majority of offenders admitted for an MMP offence over the ten-year period (58% of all offenders admitted for an MMP offence were White), followed by Indigenous offenders, comprising 20% of those admitted for an MMP. While a lower proportion of offenders admitted for an MMP were Black (11%) or of another racialized group (11%), these were rates higher than their overall representation in admissions to federal custody (9% and 8%, respectively).

The proportions of Indigenous, Black, and White offenders admitted for an offence punishable by an MMP has increased

As shown in Figure 3, all groups, with the exception of other racialized offenders, experienced an increase in the proportion of offenders admitted for an offence punishable by an MMP. In 2010/11, 29% of Indigenous offenders admitted to federal custody for an offence punishable by an MMP. By 2019/20, that percentage increased to 37%. The proportion of White offenders admitted for an offence punishable by an MMP increased from 37% in 2010/11 to 50% in 2019/20. While experiencing a smaller proportional increase than Indigenous or White offenders, the proportion of Black offenders admitted for an offence punishable by an MMP increased from 51% in 2010/11 to 59% in 2019/20.

Figure 3. Proportion of offenders, by Indigenous and racialized identities, admitted to federal custody for offences punishable by an MMP, 2010/11 to 2019/20

Figure 3. Proportion of offenders, by Indigenous and racialized identities, admitted to federal custody for offences punishable by an MMP, 2010/11 to 2019/20
Figure 3. Proportion of offenders, by Indigenous and racialized identities, admitted to federal custody for offences punishable by an MMP, 2010/11 to 2019/20 – Text version

This is a line graph representing the percentage of each offender population group admitted to federal custody for an offence punishable by an MMP over ten fiscal year time points. There are ten categories along the horizontal axis, representing fiscal years 2010/11 to 2019/20. The graph has four lines, representing White, Indigenous, Black and other racialized groups. The blue line represents White offenders, the red line represents Indigenous offenders, the green line represents Black offenders and the purple line represents offenders from other racialized groups.

For the first fiscal year category (2010/11) the blue line (White offenders) indicates 37%. The red line (Indigenous offenders) indicates 29%. The green line (Black offenders) indicates 51%. The purple line (other racialized group) indicates 64%.

For the second fiscal year category (2011/12) the blue line (White offenders) indicates 40%. The red line (Indigenous offenders) indicates 32%. The green line (Black offenders) indicates 54%. The purple line (other racialized group) indicates 64%.

For the third fiscal year category (2012/13) the blue line (White offenders) indicates 41%. The red line (Indigenous offenders) indicates 36%. The green line (Black offenders) indicates 56%. The purple line (other racialized group) indicates 54%.

For the fourth fiscal year category (2013/14) the blue line (White offenders) indicates 44%. The red line (Indigenous offenders) indicates 38%. The green line (Black offenders) indicates 56%. The purple line (other racialized group) indicates 58%.

For the fifth fiscal year category (2014/15) the blue line (White offenders) indicates 47%. The red line (Indigenous offenders) indicates 38%. The green line (Black offenders) indicates 54%. The purple line (other racialized group) indicates 56%.

For the sixth fiscal year category (2015/16) the blue line (White offenders) indicates 49%. The red line (Indigenous offenders) indicates 35%. The green line (Black offenders) indicates 48%. The purple line (other racialized group) indicates 60%.

For the seventh fiscal year category (2016/17) the blue line (White offenders) indicates 49%. The red line (Indigenous offenders) indicates 37%. The green line (Black offenders) indicates 52%. The purple line (other racialized group) indicates 59%.

For the eighth fiscal year category (2017/18) the blue line (White offenders) indicates 50%. The red line (Indigenous offenders) indicates 36%. The green line (Black offenders) indicates 49%. The purple line (other racialized group) indicates 61%.

For the ninth fiscal year category (2018/19) the blue line (White offenders) indicates 52%. The red line (Indigenous offenders) indicates 40%. The green line (Black offenders) indicates 53%. The purple line (other racialized group) indicates 58%.

For the tenth fiscal year category (2019/20) the blue line (White offenders) indicates 50%. The red line (Indigenous offenders) indicates 37%. The green line (Black offenders) indicates 59%. The purple line (other racialized group) indicates 64%.

Drug offences make up the majority of offences with an MMP for which an offender is admitted to federal custody

Between 2010/11 and 2019/20, there were 11,630 offenders admitted to federal custody for a drug offence punishable by an MMP: 10,398 for a section 5 offence (drug trafficking), 680 for a section 6 offence (importing/exporting or possession for the purpose of exporting), and 552 for a section 7 offence (drug production). Over this 10-year period, drug offences comprised 54% of all offences punishable by an MMP for which offenders were admitted to federal custody. Most of those drug convictions (89%) were for the offence of drug trafficking (s.5 of the Controlled Drug and Substances Act (CDSA)). The next most common offences for which an offender received federal custody that was punishable by an MMP were sexual assault (s.271 of the Criminal Code; 13%), sexual interference of a person under the age of 16 (s.151 of the Criminal Code; 9%), and murder (s.235 of the Criminal Code; 6%).

Black offenders are more likely to be admitted to federal custody for an offence under section 6 of the CDSA (importing/exporting or possession for the purpose of exporting)

As shown in Figure 4, over the 10-year period, Black offenders comprised the greatest proportion (45%) of offenders admitted for an offence under section 6 of the CDSA. This proportion fluctuated, but has generally decreased over time, from 43% in 2010/2011 to 39% in 2019/2020. White offenders comprise the next largest proportion of offenders admitted for such an offence (30%). In 2010/2011, 35% of offenders admitted to federal custody under section 6 of the CDSA were White. This rate decreased over time, falling to 16% in 2013/2014, and has since seen a general increase, rising to 34% in 2019/2020.

Between 2010/11 and 2019/20, White offenders were the most likely to be admitted to federal custody for drug trafficking (s.5 of the CDSA; 61%) or drug production (s.7 of the CDSA; 73%) offence (see Figure 3). These rates have decreased over the 10-year period, from 60% to 56% for section 5 offences and from 82% to 73% for section 7 offences.

Other racialized offenders are disproportionately more likely to be admitted to federal custody for a CDSA offence punishable by an MMP

As shown in Figure 4, while a lower proportion of offenders admitted for a CDSA offence with an MMP between 2010/11 and 2019/20 were from another racialized group (proportions ranging from 13-20%), these rates were higher than their overall representation in admissions to federal custody (8%).

Figure 4. Proportion of offenders, by Indigenous and racialized identities, admitted to federal custody for a CDSA offence punishable by an MMP

Figure 4. Proportion of offenders, by Indigenous and racialized identities, admitted to federal custody for a CDSA offence punishable by an MMP
Figure 4. Proportion of offenders, by Indigenous and racialized identities, admitted to federal custody for a CDSA offence punishable by an MMP – Text version

This is a stacked bar graph representing the population group proportions of those admitted to federal custody for an offence punishable by an MMP under the Controlled Drug and Substances Act. There are four bars along the horizontal axis. The first bar represents the group proportions of federal offender admissions. The second bar represents the group proportions of those admitted for an offence under section 5 of the CDSA (drug trafficking). The third bar represents the group proportions of those admitted for an offence under section 6 of the CDSA (importing/exporting or possession for the purpose of exporting). The fourth bar represents the group proportions of those admitted under section 7 of the CDSA (drug production).

Each bar contains four colour blocks stacked to 100% (except the first category, federal offender admissions, which sums to 99%). The blue colour block represents the percentage of White offenders. The red colour block represents the percentage of Indigenous offenders. The green colour block represents the percentage of Black offenders. The purple colour block represents the percentage of offenders from other racialized groups.

For the first category (federal offender admissions), the blue block (White offenders) indicates 57%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 25%. The green block (Black offenders) is stacked on top of the red block and indicates 9%. The purple block (other racialized group) is stacked on top of the green block and indicates 8%.

For the second category (section 5, drug trafficking), the blue block (White offenders) indicates 61%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 16%. The green block (Black offenders) is stacked on top of the red block and indicates 10%. The purple block (other racialized group) is stacked on top of the green block and indicates 13%.

For the third category (section 6, importing/exporting or possession for the purpose of exporting), the blue block (White offenders) indicates 30%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 6%. The green block (Black offenders) is stacked on top of the red block and indicates 45%. The purple block (other racialized group) is stacked on top of the green block and indicates 19%.

For the fourth category (section 7, drug production), the blue block (White offenders) indicates 73%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 6%. The green block (Black offenders) is stacked on top of the red block and indicates 1%. The purple block (other racialized group) is stacked on top of the green block and indicates 20%.

Indigenous and racialized offenders comprise an increasingly large proportion of offenders admitted for a firearm-related offence punishable by an MMP

Between 2010/11 and 2019/20, there were 2,110 offenders admitted to federal custody for a firearm offence punishable by an MMP. Over the ten-year period, White offenders comprised the largest proportion of offenders admitted for a firearm-related offence (43%). While a lower proportion of offenders admitted for a firearm-related offence with an MMP were Indigenous (30%), Black (18%), or of another racialized group (9%), these rates were higher than their overall representation in admissions to federal custody (25%, 9%, and 8%, respectively). An examination of yearly trends shows that since 2016/2017, Indigenous and racialized offenders comprise an increasingly larger proportion of offenders admitted for a firearm-related offence punishable by an MMP (see Figure 5).

The types of firearm-related offences also differed by racialized group.Footnote 7 Over the 10-year period, Indigenous offenders comprised a disproportionately high percentage of offenders admitted for discharging a firearm with intent (s.244; 37%), robbery with a firearm (s.344; 32%), manslaughter with a firearm (s.236; 31%) and use of a firearm (or imitation firearm) in the commission of an offence (s.85; 27%).

Black offenders were disproportionately represented for attempted murder with a firearm (s.239; 24%), discharging a firearm with intent (s.244; 20%), manslaughter with a firearm (s.236; 20%), robbery with a firearm (s.344; 15%), and use of a firearm (or imitation firearm) in the commission of an offence (s.85; 15%).

Other racialized offenders were disproportionately represented for attempted murder with a firearm (s.239; 17%), discharging a firearm with intent (s.244; 11%), and manslaughter with a firearm (s.236; 11%).

Figure 5. Proportion of offenders admitted to federal custody for a firearm-related offence punishable by an MMP, by Indigenous and racialized identities, 2010/11 to 2019/20

Figure 5. Proportion of offenders admitted to federal custody for a firearm-related offence punishable by an MMP, by Indigenous and racialized identities, 2010/11 to 2019/20
Figure 5. Proportion of offenders admitted to federal custody for a firearm-related offence punishable by an MMP, by Indigenous and racialized identities, 2010/11 to 2019/20 – Text version

This is a stacked bar graph representing the population group proportions of those admitted to federal custody for a firearm-related offence punishable by an MMP. There are ten bars along the horizontal axis, representing fiscal years 2010/11 to 2019/20. Each bar contains four colour blocks stacked to between 99-101%. The blue colour block represents the percentage of White offenders. The red colour block represents the percentage of Indigenous offenders. The green colour block represents the percentage of Black offenders. The purple colour block represents the percentage of offenders from other racialized groups.

For the first category (2010/11), the blue block (White offenders) indicates 43%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 28%. The green block (Black offenders) is stacked on top of the red block and indicates 19%. The purple block (other racialized group) is stacked on top of the green block and indicates 9%.

For the second category (2011/12), the blue block (White offenders) indicates 42%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 21%. The green block (Black offenders) is stacked on top of the red block and indicates 24%. The purple block (other racialized group) is stacked on top of the green block and indicates 13%.

For the third category (2012/13), the blue block (White offenders) indicates 48%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 26%. The green block (Black offenders) is stacked on top of the red block and indicates 19%. The purple block (other racialized group) is stacked on top of the green block and indicates 6%.

For the fourth category (2013/14), the blue block (White offenders) indicates 50%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 24%. The green block (Black offenders) is stacked on top of the red block and indicates 20%. The purple block (other racialized group) is stacked on top of the green block and indicates 7%.

For the fifth category (2014/15), the blue block (White offenders) indicates 40%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 32%. The green block (Black offenders) is stacked on top of the red block and indicates 22%. The purple block (other racialized group) is stacked on top of the green block and indicates 7%.

For the sixth category (2015/16), the blue block (White offenders) indicates 56%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 30%. The green block (Black offenders) is stacked on top of the red block and indicates 10%. The purple block (other racialized group) is stacked on top of the green block and indicates 4%.

For the seventh category (2016/17), the blue block (White offenders) indicates 40%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 39%. The green block (Black offenders) is stacked on top of the red block and indicates 12%. The purple block (other racialized group) is stacked on top of the green block and indicates 9%.

For the eighth category (2017/18), the blue block (White offenders) indicates 44%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 32%. The green block (Black offenders) is stacked on top of the red block and indicates 13%. The purple block (other racialized group) is stacked on top of the green block and indicates 10%.

For the ninth category (2018/19), the blue block (White offenders) indicates 41%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 35%. The green block (Black offenders) is stacked on top of the red block and indicates 17%. The purple block (other racialized group) is stacked on top of the green block and indicates 8%.

For the tenth category (2019/20), the blue block (White offenders) indicates 29%. The red block (Indigenous offenders) is stacked on top of the blue block and indicates 32%. The green block (Black offenders) is stacked on top of the red block and indicates 24%. The purple block (other racialized group) is stacked on top of the green block and indicates 14%.

The proportion of Indigenous offenders admitted to federal custody for a child sexual offence punishable by an MMP is increasing

Over the ten-year period, 3,090 offenders were admitted to federal custody for a child-related sexual offence punishable by an MMP. The number of offenders increased considerably from 179 in 2010/11 to 387 in 2019/20.Footnote 8 While the majority of offenders admitted for this type of offence were disproportionately White (73%, compared to 57% of the federal admission population), this proportion has been decreasing over time. In 2010/11, 79% of those admitted for a child sexual offence punishable by an MMP were White, decreasing to 71% in 2019/20. While Indigenous offender represented a substantially smaller proportion of those admitted for this type of offence overall (18%), this proportion has increased; in 2010/11, 14% of those admitted for a child-related sexual offence punishable by an MMP were Indigenous, rising to 18% in 2019/20. This offence profile was less common with racialized offenders; of those admitted to federal custody with a child-related offence punishable by an MMP, 3% were Black and 6% were from another racialized group.Footnote 9