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

Executive summary

This report presents findings on the representation and outcomes of Black people as accused in Canadian criminal courts. This is the first time that national statistics on Black accused in criminal courts are reported in Canada.

This study addresses four key objectives: 

  • Identify whether the criminal court process itself contributes to the overrepresentation of Black people in the criminal justice system (CJS);
  • Identify disproportionality in court outcomes of Black accused, compared to White accused, at key stages/decision points of the criminal court process;
  • Identify whether other sociodemographic variables (e.g., sex and age group) affect the level of disproportionate outcomes experienced by Black people at key stages/decision points of the criminal court process; and,
  • Identify areas that warrant further exploration and data development.

This study was a collaborative effort between the Research and Statistics Division at the Department of Justice Canada and the Canadian Centre for Justice and Community Safety Statistics at Statistics Canada. The data used in this study were obtained through a data linkage of records from Statistics Canada’s 2016 Census of Population long-form (Census) and the Integrated Criminal Court Survey (ICCS). The linked data were used to obtain the racialized identity of accused and generate two types of metrics:

  1. proportions of Black and White accused in criminal courts; and
  2. the Relative Rate Index (RRI).

RRIs were calculated to measure the likelihood of Black accused encountering specific court outcomes relative to White accused. The study examines three key court outcomes (i.e., stages/decision points within the court process):

  1. the final court decision (e.g., found guilty, acquitted);
  2. the type of sentence received (e.g., custody, probation); and
  3. the length of custodial sentence, if any. The RRI method involves calculating the rate of Black and White accused experiencing a specific court outcome based on the number of Black and White accused “at risk” of experiencing that court outcome.

Key findings indicate that Black people are overrepresented as accused in criminal courts relative to their representation in the Canadian population. Further, compared to their White counterparts, Black accused are:

  • more likely to encounter a withdrawal, dismissal or discharge;
  • less likely to encounter a stay of proceedings or to be found guilty (including guilty pleas);
  • equally likely to be acquitted;Footnote1
  • less likely to receive a fine or a conditional sentence;
  • more likely to receive probation or a custodial sentence; and,
  • more likely to receive long-term custodial sentences of two or more years.

These findings suggest that Canadian criminal courts are contributing to differential and disproportionate outcomes for Black accused. Some of these outcomes (e.g., more likely to be sentenced to custody) result in prolonged involvement with the CJS.

The report identifies a number of areas in which further research is necessary to better understand why disproportionality is occurring at specific stages/decision points in the criminal court process, most notably around custodial sentences. In addition, further analyses are required to better understand the representation of Black people at other key stages/decision points in the criminal court process (e.g., bail, guilty pleas).