We are basically focusing on youth and racialized youth because these are the people we serve in the different community-based organizations, and this has been an issue identified by our members.
A 2010 Toronto Star investigative series on Toronto police data for the period 2003 to 2008 found that black men ages 15 to 24 years are stopped and documented 2.5 times more than white males the same age. The finding echoed a similar analysis of data the Toronto Star conducted in 2002.
The overrepresentation of visible minorities in the prison system is rooted in factors of poverty, economic inequality, and historical prejudice. That includes the over-policing of young black men, a practice that results in racial profiling. The existence of racial profiling by police is well documented. It has been acknowledged to different degrees by various police services in Canada, including the Kingston police chief in 2005.
Racialization of poverty has been growing in Canada, including among the working poor. Racialized individuals do not have the same access to the labour market as everyone else has. This was documented in a recent report on Canada’s colour-coded labour market, published by the Canadian Centre for Policy Alternatives.
In their study, “Review of the Roots of Youth Violence”, Roy McMurtry and Alvin Curling have said that while poverty does not lead to violence, it can be one of the factors in play. They point out that poverty without hope, poverty with isolation, poverty with hunger and poor living conditions, poverty with racism, and poverty with numerous daily reminders of social exclusion can lead to the immediate risk factors for violence.
They note that lack of investment in services for those affected by these circumstances will have a deep impact on young people, leaving them with few choices for their day-to-day needs, even such needs as a quiet place to do homework. They note that these challenges can be exacerbated for those who have issues with language and cultural differences.
Clause 24 in Bill C-43 will have an unintended and disproportionate impact on black and other racialized permanent residents, particularly youth, a population that has been historically disadvantaged in Canada, and is already subject to routine suspicious scrutiny, negative stereotyping in media, and is often faced with longer sentences.
Corrections Canada's experience with visible minority offenders is described as follows in the study mentioned earlier:
In summary, visible minority offenders seem to be less “entrenched” in a criminal lifestyle than Caucasian offenders. They tend to have less extensive criminal histories, are incarcerated less often for offences against the person, and are lower in risk and need than Caucasian offenders. They also tend to have higher levels of education, less unemployment, and are less often single.
The study notably concludes that these circumstances may help in rehabilitation.
Bill C-10 has become law, and has introduced minimum sentencing. It will mean that even some non-violent crimes will carry a sentence of six months, making sure that those permanent residents will be deported from Canada.
Those who are subject to this provision can be deported regardless of how long they have lived in Canada. They will not have the right to appeal. There will be no consideration of the circumstances of the offence and potential for rehabilitation. There will be no consideration of the length of time they have lived here or their ties to family and community.
Individuals who have lived all their lives in Canada, particularly those who came as infants or young children, would lose families, friends and communities when they are deported to a place they barely know or remember from before. They will have no family or community connections over there. Unlike Canadian citizens, permanent residents will be punished twice for committing a crime.
We urge you to seriously rethink this bill, particularly the severe implications for young, visible minority Canadian residents. We strongly recommend that clause 24 be withdrawn, allowing the right to appeal to stand. We also encourage you to ensure that young Canadian residents are fully informed of the impact of Bill C-43 through avenues such as school curricula, as well as through other opportunities and campaigns, because this is going to have a serious impact in the communities that we serve.
Thank you very much.