Overrepresentation of Black People in the Canadian Criminal Justice System

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Black people are overrepresented in Canada's criminal justice system as both victims and people accused or convicted of crime. This fact sheet presents a statistical overview of the key areas of overrepresentation of Black people at different stages of the criminal justice system.

National disaggregated data on the racialized identity of those who come in contact with the criminal justice system remain fairly limited and underreported. However, some information is available and presented in the current fact sheet. The data presented are drawn from Statistics Canada’s Canadian Centre for Justice and Community Safety Statistics (CCJCSS), the Department of Justice Canada’s Research and Statistics Division (RSD), the Correctional Service of Canada (CSC), and the Office of the Correctional Investigator (OCI).

Black people report being less confident in the criminal justice system

According to the 2019 General Social Survey on victimization,1 nearly one in five (18%) Black people reported having “not very much” or “no” confidence in the police, which is more than double the proportion among the non-Indigenous, non-racialized population (8%).2,3

The 2022 National Justice Survey4 found that Black respondents (19%) were less likely than White respondents (24%) to report they were confident that the Canadian criminal justice system is fair to all people (a rating of 4 or 5 on a 5 points scale). However, a similar proportion among Black and White respondents reported they were confident that the Canadian criminal justice system is accessible to all people (31% and 32%, respectively).

Black respondents were more likely than White respondents to report they were not aware (a rating of 1 & 2 out of a 5 points scale) of the role of the police (16% vs 10%). Similar proportions of Black and White respondents said they were not aware of the role of the courts (21% and 17%, respectively) and the role of corrections (32% and 28%, respectively).

Black people are more likely to report experiencing discrimination when dealing with the police

According to the 2019 General Social Survey, nearly half (46%) of Black people aged 15 years and older reported experiencing at least one form of discrimination in the past 5 years, compared to 16% of the non-Indigenous, non-racialized population.5,6

Of all Black people, four in ten (41%) experienced discrimination based on their race or skin color, a proportion that is about 15 times higher than the proportion among the non-Indigenous, non-racialized population (3%). Among those who reported being discriminated against, 16%7 of Black people said it was when dealing with police, compared to 4% of non-Indigenous, non-racialized respondents.

Black people are more likely to report lived experiences of physical or sexual abuse during their childhood

In 2018, the same proportion of Black and non-Black people, aged 15 to 24 years, reported experiencing one or more incidents of physical or sexual assault since the age of 15 (37% each).8

However, in the same year, a higher proportion of Black people (32%), than non-Black people (27%), aged 15 years or older, reported experiencing one or more incidents of physical or sexual abuse by an adult before the age of 15.9

Police-reported hate crimes motivated by hatred of a race or ethnicity most frequently targeted the Black population

In 2020, police-reported hate crimes motivated by hatred of a race or ethnicity represented 62% of all hate crimes.10 These crimes most frequently targeted the Black population (42% of all hate crimes, or 663 incidents motivated by a hatred of race or ethnicity) ─ this represents the highest recorded number of incidents since 2009. In comparison, hate crimes motivated by a hatred of race or ethnicity less commonly targeted White people (5%).

Between 2019 and 2020, the number of police-reported hate crimes motivated by hatred of a race or ethnicity increased by 80% from 884 to 1,594.11 Much of this increase was a result of more police-reported hate crimes targeting the Black population (+318 incidents).

Black people are overrepresented among homicide victims

In 2021, there were 788 homicide12 victims for whom police reported on racialized identity, 31% (or 247 victims) of whom were racialized.13 Almost half (49% or 120 victims) of these racialized victims were identified as Black. The proportion of homicide victims identified as Black increased by 35% between 2019 and 2021 (from 89 victims to 120 victims). Black male victims accounted for 51% of all racialized male victims and Black female victims represented 41% of all racialized female victims. The rate of homicide victims identified as Black was 4 times higher than the rate for non-racialized people14 (7.72 victims per 100,000 population compared with 1.81; see Figure 1).

Black people are overrepresented among persons accused of homicide

In 2021, 20% of people accused of homicide were identified as Black, representing an increase from 14% in 2020.15 The rate of Black people accused of homicide was almost 6 times higher than the rate for non-racialized people16 (8.17 accused per 100,000 population compared with 1.43; see Figure 1). Black male persons accused of homicide accounted for 65% of all racialized male persons accused of homicide and Black female persons accused of homicide represented 54% of all racialized female persons accused of homicide.

Source: Statistics Canada. Table 35-10-0206-01 Number, percentage and rate of homicide victims, by racialized identity group, gender and region; Statistics Canada. Table 35-10-0207-01 Number, percentage and rate of persons accused of homicide, by racialized identity group, gender and region.

Black accused in criminal courts are overrepresented and face disproportionate outcomes

Canadian criminal courts do not currently collect information on the racialized identity of accused people. To address this data gap, Justice Canada collaborated with Statistics Canada to obtain the racialized identity of accused through a data linkage project.17,18

The study found that in 2015/16, Black people (adults and youth) were overrepresented by a factor of two in the accused population; Black people accounted for 6% of all accused, while representing only 3% of the Canadian population. Between 2005/06 and 2015/16, compared to their White counterparts, Black accused were on average:

• 24% less likely to be found guilty (including guilty pleas), and 14% less likely to encounter a stay of proceedings;
• 65% more likely to encounter a withdrawal, dismissal or discharge and equally likely (+2%) to be acquitted;
• 24% more likely to receive a custodial sentence and 13% more likely to receive probation;
• 9% less likely to receive a conditional sentence, and 46% less likely to receive a fine; and
• 36% more likely to receive a long term custodial sentence of two years or more (see Figure 2).

Source: Statistics Canada, Canadian Centre for Justice and Community Safety Statistics, Integrated Criminal Court Survey, 2005/06 to 2015/16; Statistics Canada, Census of population, 2016. Custom tabulation by Department of Justice Canada.

Black offenders are overrepresented among admissions to provincial correctional services19

In 2020/21, Black adults (aged 18 years and more), who represented approximately 4% of the adult population in Canada,20 were overrepresented to varying levels in provincial admissions21 to correctional services (custody and community services) across reporting jurisdictions, namely Nova Scotia, Ontario, Alberta, and British Columbia (see Figure 3).22

Nova Scotia: Black adults made up approximately 3% of the adult population in Nova Scotia, but they accounted for 11% of admissions to custody and 7% of admissions to community services in that province. Black men accounted for 11% of male admissions to custody and 7% of community services, whereas Black women accounted for 9% of female admissions to custody and 7% of community services.

Ontario: Black adults made up about 5% of the adult population in Ontario, but they accounted for 14% of admissions to custody and 8% of admissions to community services in that province. Black men accounted for 15% of male admissions to custody and 9% of community services, whereas Black women accounted for 8% of female admissions to custody and 5% of community services.

Alberta: Black adults made up approximately 4% of the adult population in Alberta, whereas they accounted for 5% of admissions to custody and 4% of admissions to community services in that province. Black men accounted for 6% of male admissions to custody and 5% of community services, whereas Black women accounted for 1% of female admissions to custody and 2% of community services.

British Columbia: Black adults made up 1% of the adult population in British Columbia, but they accounted for 3% of admissions to custody and 2% of admissions to community services in that province. Black men accounted for 3% of male admissions to custody and 2% of community services, whereas Black women accounted for 1% each of female admissions to custody and services.

Source: Statistics Canada. (2021). Census of Population. Special Request. ; Statistics Canada. Table 35-10-0203-01  Admissions to adult corrections by visible minority group and sex. Custom tabulations completed by the Department of Justice Canada.

In 2020/21, Black youth (aged 12-17 years), were overrepresented in provincial admissions to correctional services (custody and community services) in the reporting jurisdictions, namely Nova Scotia, Alberta, and British Columbia.

While representing almost 4% of the combined youth population in Nova Scotia, Alberta and British Columbia,23 Black youth accounted for approximately 10% of youth admissions to correctional services (custody and community) in these reporting jurisdictions.24,25 The number of Black youth admissions to correctional services in these jurisdictions decreased by 35% (from 586 in 2019/20 to 379 in 2020/21), but their proportion, relative to the rest of the correctional admissions, increased during this time (from 9% in 2019/20 to 10% in 2020/21). In 2020/21, Black youth made up 18% of youth admissions to custody and 7% of admissions to community services. Black male youth made up 19% of all male youth admissions to custody and 8% of admissions to community services. Black female youth made up 11% of all female youth admissions to custody and 5% of admissions to community services.

Black people are also overrepresented among the federal offender population

In 2020/21, 9% of offenders under federal jurisdiction (in custody or under community supervision) were Black, despite only representing about 4% of adults in Canada.26 Between 2016/17 and 2020/21, the total federal offender population decreased by almost 7% (from 23,045 to 21,512, respectively), but the number of Black people within this population increased by 2% (from 1,836 to 1,876, respectively).

Black people accounted for 9% of the federal in-custody offender population and 8% of the community offender population. Black men made up 9% of the total male offender population, representing 10% of the in-custody population and 8% of the community population. Black women made up 6% of the total female offender population, representing 4% of the in-custody population and 7% of the community population.

Black people more likely to be admitted to federal corrections for an offence punishable by a mandatory minimum penalty

Between 2010/11 and 2019/20, Black offenders were more likely than White offenders to be admitted to federal custody for an offence punishable by a mandatory minimum penalty (MMP)27 (53% of Black offenders vs 46% of White offenders).28 The proportions of Black offenders admitted for an offence punishable by an MMP has increased over a ten-year period, from 51% in 2010/11 to 59% in 2019/20.

Over the 10-year period, Black offenders comprised the greatest proportion (45%) of offenders admitted for an offence under section 6 of the Controlled Drugs and Substances Act (i.e., importing/exporting or possession for the purpose of exporting). Furthermore, while a lower proportion of offenders admitted for a firearm-related offence with an MMP were Black (18%) relative to White (43%), this rate was higher than their overall representation in admissions to federal custody (9%).29

Black offenders are overrepresented among those involved in use-of-force incidents in federal corrections

Use of force incidents are situations where correctional authorities determine a situation as problematic, disruptive, or potentially unsafe. In these situations, correctional staff may use a variety of tools and approaches to manage the situation including, but not limited to, physical handling, restraint equipment, and inflammatory spray.

Black offenders accounted for 12% of all use-of-force incidents30 in federal corrections occurring between April 2015 and October 2020, while representing 9% of the federally incarcerated population.31 In comparison, White offenders made up 52% of the federal custodial population and accounted for 42% of use-of-force incidents (see Figure 4).

Source: Office of the Correctional Investigator. (2021). 2020-2021 Annual Report.

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