GRSJ224/Gross Over-Representation of First Nations & Black Canadian Men in Canadian Prisons

Gross Over-Representation of First Nations & Black Canadian Men in Canadian Prisons

OVERVIEW

First Nations individuals and the Black community make up a small percentage of Canada’s overall population yet represent a much higher proportion of inmates in Canadian prisons. Throughout most of this country’s history, systemic racism has been a harsh reality in the Canadian society, and especially true in the criminal justice system. Across the country, First Nations peoples make up 4.9 percent or just under one twentieth of the general population yet comprise of represent 29 percent of Canada’s federal prison population, an over-representation rate of almost six times. Regionally, while they make up between 14 and 15 percent of the Prairie provinces of Saskatchewan and Manitoba’s population, Aboriginal inmates represent 75 percent or three-quarters of their prison populations. As for Black Canadians, Canada’s “war on drugs” have targeted the Black community, which have been negatively impacted by structural violence, over-policing/racially-targeted policing, and higher than average rates of incarceration. Based on the 2016 Statistics Canada Census, approximately 1.2 million or 3.5 percent of the general population identify as Black Canadians, but they comprise 7.3 percent of the prison population. The current over-representation of these demographic groups in Canadian prisons clearly indicate that systemic racism and racially biased policing and criminal justice policies target these two visible minority groups. Together, First Nations and Black Canadians represent only 7.5 percent of Canada’s population, yet they comprise over 36.5 percent of the prison population. Racialization and over-policing of Aboriginal and Black communities are major contributing factors behind the high numbers of members of these two visible ethnic minorities in Canadian prisons.

Over-representation of Ethnic Minorities in Prison

Aboriginal Inmates

The 2016 Statistics Canada Census indicates that First Nations and other Aboriginals groups are grossly over-represented in Canadian prisons. While 4.9 percent of Canada’s population identify as Aboriginal, this marginalized visible minority group makes up 29 percent of the prison population nation-wide, and as much as 75 percent of the adult men incarcerated in Manitoba and Saskatchewan. So the national average is roughly six times over-representation. In the Prairie provinces, where Aboriginals comprise 15 percent of the general population, native men are over-represented at least by a factor of seven times. Canadian society has historically discriminated against First Nations peoples and other natives, and this gross over-representation of Aboriginals in the penal system is one end result of systemic racism within the criminal justice system.

Black Canadian Inmates

Although to a less extent, Black Canadians are another visible minority group that is also over-represented in the prison system. The 2016 Census found approximately 1.2 million or 3.5 percent of the general population identify as Black Canadians, yet this visible minority group comprise 7.3 percent of the prison population. While not as over-represented as in the US prison system, having members of the Black community incarcerated at over twice their percentage of the general population is still troubling and indicative of systemic racism against non-whites in Canada. Combined, First Nations and Black Canadians comprise only 7.5 percent of Canada’s total population, yet they represent over 36.5 percent of the national prison population.

Racialization of Aboriginal and Black Men

One major contributing factor in the over-representation of these two visible minorities in prisons across this country is due to widespread racialization or assigning characteristics and identities to minority ethnic groups in order to increase differentiation and assign social inferiority. As part of the country’s “War Against Drugs” policies, police forces and criminal justice courts across Canada have identified Black men, especially young adult Black men as the main enemy. White society and the criminal justice system have successfully labeled both Aboriginal and Black men as being more violent, more likely to commit crimes, and therefore more dangerous than other racial groups, such as White or Euro-Canadians. Since society and police authorities have racialized Aboriginal and Black men as dangers to white society, the police are more likely to approach such individuals with greater caution and be faster to react with force or even gunfire at the first sign of resistance. Racist police officers approach and treat these visible minorities differently compared to potential white suspects.

Over-Policing of Urban Aboriginal and Black Communities

Racial profiling is most often based on racist attitudes towards those communities being impacted by over-policing. Racial discrimination against both Aboriginals and Black Canadian men by police forces has resulted in a far higher likelihood of being stopped and questioned at random by patrolling officers. Racism-based over-policing greatly increases the odds of being detained or arrested for minor offences, such as marijuana possession, compared to White Canadians. Predominantly Aboriginal and Black communities are patrolled more frequently and the patrols are more likely to stop visible minority individuals at random, compared to what happens in predominantly white communities. When a First Nations or Black Canadian young man is stopped and questioned, he is likely to end up being searched and perhaps charged, when there was no probable cause for the initial search other than the officer's racist attitude that such individuals have somehow done something wrong. These first offences by marginalized, racialized minorities are generally sentenced more harshly by the courts.

Combined Impacts of Racialization and Over-Policing

Whereas many white offenders receive parole or very light sentences, the Aboriginal and Black defendants entering the criminal justice system for their first time offence are more likely to receive a harsher sentence as incarceration is far too often considered to be the most appropriate deterrent for these racialized “dangerous” offenders. Thus, being racialized as dangerous to white society and having their communities over-policed has contributed significantly to the over-representation of Aboriginals and Black Canadians in this country’s penal system. Those who have been incarcerated before are also far more likely to be re-incarcerated multiple times, which is one of the major negative impacts of racialization and over-policing in these targeted minority communities. Reducing such racially-biased over-representation will require the criminal justice system, including the nation’s police forces, to make a concerted effort to eliminate systemic racism.  

References

1.     Malakieh, Jamil. (2019). Adult and youth correctional statistics in Canada, 2017/2018.  Statistics Canada: Government of Canada. Retrieved from https://www150.statcan.gc.ca/n1/pub/85-002-x/2019001/article/00010-eng.htm

2.     Statistics Canada. (2019). Table 4:  Admissions to adult custody, by Aboriginal identity, jurisdiction, 2007/2008 and 2017/2018. Government of Canada. Retrieved from https://www150.statcan.gc.ca/n1/pub/85-002-x/2019001/article/00010/tbl/tbl04-eng.htm

3.     Khenti, Akwatu. (2014). The Canadian war on drugs: Structural violence and unequal treatment of Black Canadians. International Journal of Drug Policy, 25(2), 190-195.

4.     Statistics Canada. (2019). Diversity of the Black population in Canada: An overview. Government of Canada. Retrieved from https://www150.statcan.gc.ca/n1/pub/89-657-x/89-657-x2019002-eng.htm

5.     Bronskill, Jim. (2020, Jan.21). Prison service trying to better understand the needs of black offenders. CTV News. Retrieved from https://www.ctvnews.ca/canada/prison-service-trying-to-better-understand-the-needs-of-black-offenders-1.4776414#:~:text=Black%20people%20were%207.3%20per,black%20in%20the%202016%20census.

6.     Ontario Human Rights Commission. (no date). Racial discrimination, race and racism (fact sheet). Government of Ontario. Retrieved from https://wwwohrc.on.ca/en/racial