Black people in criminal courts in Canada: An exploration using the relative rate index

Annex 2. Data Tables

Table 1: Black accused relative to White accused (average RRI, shown as a +/- %), by court decisions and selected characteristics, Canada, 2005/06 to 2015/16
Selected characteristics Guilty Acquittal Stay of proceeding Withdrawn/Dismissed/Discharged Other
All -24% +2% -14% +65% ..
Male -21% +9% -18% +65% ..
Female -37% .. -5% +64% ..
Adult -22% +4% -27% +67% ..
Youth -28% .. 0% +58% ..
Violent -25% +4% -28% +53% ..
Non-violent -23% -2%i -8% +67% ..

.. : not available or suppressed (due to yearly reporting)

i: The average RRI should be used with caution as the average RRI was calculated based on a ten-year period due to the unavailability of data in a given year.

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group. Guilty includes guilty findings by the court and guilty pleas. Other includes: not criminally responsible, waived out of province or territory, any order where a guilty decision was not recorded, special pleas, cases which raise Charter arguments and unfit to stand trial.

Table 2: Black accused relative to White accused (average RRI, shown as a +/- %), by court decision and jurisdiction, Canada, 2005/06 to 2015/16
Jurisdictions Guilty Acquittal Stay of proceedings Withdrawn/Dismissed/
Discharged
Other
British Columbia -7% .. +15% .. ..
Manitoba -4% .. +1% .. ..
New Brunswick +2% .. .. .. ..
Newfoundland and Labrador .. .. .. .. ..
Nova Scotia -2% .. .. +1%  
Northwest Territories .. .. .. .. ..
Nunavut .. .. .. .. ..
Ontario -22% +23% +1% +36% ..
Prince Edward Island .. .. .. .. ..
Saskatchewan .. .. .. .. ..
Yukon .. .. .. .. ..

.. : not available or suppressed (due to yearly reporting)

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group. Guilty includes guilty findings by the court and guilty pleas. Other includes: not criminally responsible, waived out of province or territory, any order where a guilty decision was not recorded, special pleas, cases which raise Charter arguments and unfit to stand trial.

Table 3: Black accused relative to White accused (average RRI, shown as a +/- %), by type of sentence and selected characteristics, Canada, 2005/06 to 2015/16
Selected characteristics Custody Conditional sentence Probation Fine Other
All +24% -9% +13% -46% +43%
Male +29% -9% +11% -45% +42%
Female -21%i -3% +21% -53% +55%
Adult +25% -2% +17% -41% +25%
Youth +103% .. -17% .. +16%
Violent +22% -29% -8% .. +30%
Non-violent +26% -1% +19% -41% +46%

.. : not available or suppressed (due to yearly reporting)

i: The average RRI should be used with caution as the average RRI was calculated based on a ten-year period due to the unavailability of data in a given year.

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group. Other includes: restitution, absolute and conditional discharge, suspended sentence, community service order and prohibition orders.

Table 4: Black accused relative to White accused (average RRI, shown as a +/- %), probation vs. custody sentences, by selected characteristics, Canada, 2005-06 to 2015-16
Selected characteristics Probation (vs. custody sentences)
All -3%
Male -5%
Female +8%i
Adult -2%
Youth -14%
Violent -7%
Non-violent -2%

.. : not available or suppressed (due to yearly reporting)

i: The average RRI should be used with caution as the average RRI was calculated based on a ten-year period due to the unavailability of data in a given year.

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.

Note: Includes 10 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. The Northwest Territories do not report conditional sentences at this time. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group.

Table 5: Black accused relative to White accused (average RRI, shown as a +/- %), by type of sentence and jurisdiction, Canada, 2005/06 to 2015/16
Jurisdictions Custody Conditional sentence Probation Fine Other
British Columbia +22i .. +28% .. ..
Manitoba .. .. .. .. ..
New Brunswick .. .. .. .. ..
Newfoundland and Labrador .. .. .. .. ..
Nova Scotia +129 .. -1% -48% ..
Northwest Territories .. .. .. .. ..
Nunavut .. .. .. .. ..
Ontario +15% +3% +3% -40% +74%
Prince Edward Island .. .. .. .. ..
Saskatchewan .. .. .. .. ..
Yukon .. .. .. .. ..

.. : not available or suppressed (due to yearly reporting)

i. The average RRI should be used with caution as the average RRI was calculated based on a ten-year period due to the unavailability of data in a given year.

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group. Other includes: restitution, absolute and conditional discharge, suspended sentence, community service order and prohibition orders.

Table 6: Black accused relative to White accused (average RRI, shown as a +/- %), probation vs. custody sentences, by jurisdiction, Canada, 2005-06 to 2015-16
Jurisdictions Probation (vs. custody sentences)
British Columbia 0%
Manitoba ..
New Brunswick ..
Newfoundland and Labrador ..
Nova Scotia -23%
Northwest Territories ..
Nunavut ..
Ontario -4%
Prince Edward Island ..
Saskatchewan ..
Yukon ..

.. : not available or suppressed (due to yearly reporting)

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group.

Table 7: Black accused relative to White accused (average RRI, shown as a +/- %), by length of custody and selected characteristics, Canada, 2005/06 to 2015/16
Selected characteristics 1 month or less Greater than 1 month to 3 months Greater than 3 months to 6 months Greater than 6 months to 12 months Greater than 1 year to less than 2 years 2 years or more
All -3% -9% +12% +38% .. +36%i
Male -1% -10% +12% +34% .. +27%i
Female -3%i .. .. .. .. ..
Adult -1% -10% +6% +32% .. +44%i
Youth -12% .. .. .. .. ..
Violent -5% +1% .. .. .. ..
Non-violent +1% -16% +12% .. .. ..

.. : not available or suppressed (due to yearly reporting)

i. The average RRI should be used with caution as the average RRI was calculated based on a ten-year period due to the unavailability of data in a given year.

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group. The length of sentenced custody refers to the length of time that remains to be served at sentencing, and not the entire length of the custodial sentence. However, in certain jurisdictions, the length of custody represents the full sentence.

Table 8: Average median length of custodial sentences (in days) of Black accused relative to White accused, by selected characteristics, Canada, 2005-06 to 2015-16
Selected
characteristics
Black White
All 31 30
Male 33 30
Female .. 19
Adult 30 30
Youthi 47 36
Violent 63 64
Non-violent 27 30

..: not available or suppressed (due to yearly reporting)

i. Caution should be used when looking at median lengths, especially on the youth file as the counts were low but did not meet requirements of Census suppression rules.

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group. The length of custodial sentences refers to the length of time that remains to be served at sentencing, and not the entire length of the custodial sentence, However, in certain jurisdictions, the length of custody represents the full sentence. The median represents the point at which half of all cases had longer custodial sentence lengths and half had shorter custodial sentence lengths. Weighted medians were calculated using adjusted Census weights.

Table 9: Black accused relative to White accused (average RRI, shown as a +/- %), by length of custody and jurisdiction, Canada, 2005/06 to 2015/16
Jurisdictions 1 month or less Greater than 1 month to 3 months Greater than 3 months to 6 months Greater than 6 months to 12 months Greater than 1 year to less than 2 years 2 years or more
British Columbia .. .. .. .. .. ..
Manitoba .. .. .. .. .. ..
New Brunswick .. .. .. .. .. ..
Newfoundland and Labrador .. .. .. .. .. ..
Nova Scotia +15% .. .. .. .. ..
Northwest Territories .. .. .. .. .. ..
Nunavut .. .. .. .. .. ..
Ontario -4% -13% +19% +46% .. ..
Prince Edward Island .. .. .. .. .. ..
Saskatchewan .. .. .. .. .. ..
Yukon .. .. .. .. .. ..

.. : not available or suppressed (due to yearly reporting)

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group. The length of sentenced custody refers to the length of time that remains to be served at sentencing, and not the entire length of the custodial sentence. However, in certain jurisdictions, the length of custody represents the full sentence.

Table 10: Average median length of custodial sentences (in days) of Black accused relative to White accused, by jurisdiction, Canada, 2005-06 to 2015-16
Jurisdictions Black White
British Columbia .. 26
Manitoba .. ..
New Brunswick .. 43
Newfoundland and Labrador .. 29
Nova Scotia .. 31
Northwest Territories .. ..
Nunavut .. ..
Ontario 31 30
Prince Edward Island .. 11
Saskatchewan .. 56
Yukon .. ..

.. : not available or suppressed (due to yearly reporting)

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.

Note: Includes 11 provinces/territories. Quebec and Alberta were excluded as the personal identifiers required for linkage were not available. Black accused includes all individuals who identified as Black on the 2016 Census long-form. White accused includes individuals identified as neither Indigenous, nor as a member of a racialized group. The length of custodial sentences refers to the length of time that remains to be served at sentencing, and not the entire length of the custodial sentence. However, in certain jurisdictions, the length of custody represents the full sentence. The median represents the point at which half of all cases had longer custodial sentence lengths and half had shorter custodial sentence lengths. Weighted medians were calculated using adjusted Census weights.