I'll start with policing. It is one area that warrants specific attention in the criminal justice process simply due to the fact that it is the initial point of contact with members of the community. Police, of course, also have the discretion and coercive power to determine whether one's behaviour is criminal or not. Police are the gatekeepers to the justice system.
Some scholars and advocates will argue that the police only target individuals who commit crime, which thus explains the higher rates of offending among Black and indigenous peoples. However, there is a growing body of Canadian research that reveals how racially biased policing behaviours and practices also contribute to racial disparities in our justice system.
For the remainder of the discussion I will specifically speak to research pertaining to Black communities in Canada including concerns over racial profiling, police discretion and the under-policing of Black victimization.
For decades, Black communities in Canada have raised concerns that they are subject to higher levels of police surveillance. Racial profiling reflects the belief that officers often focus on the race of civilians rather than individualized suspicion or behaviour. These allegations are supported by a growing body of studies conducted in Toronto, Ottawa, Halifax, Montreal and Vancouver that reveal that Black people—more specifically, Black men—are grossly overrepresented in the official street check statistics.
Furthermore, a number of studies have shown that Black people are more likely to report multiple police stops and search incidents than respondents from other racial groups. Importantly, racial differences with respect to police contact remain even after controlling for other relevant factors including gender, social class, neighbourhood characteristics and criminal behaviour.
In other words, racial differences in police contact cannot be explained away by poverty or involvement in crime. Race matters. If you're a Black man in Canada, the question is not if you will be stopped, but when.
As a result of these practices, Black people are more likely to be caught for engaging in minor criminal activity than people from other racial backgrounds who engage in the exact same behaviour. This is a form of systemic racism.
Research also suggests that when white Canadians are caught breaking the law, they will be treated more leniently by the police than Black people. My own research demonstrates that concerns over police discretion and its impact on arrest decisions are valid.
To illustrate, our Youth Criminal Justice Act not only advises, but also gives police officers the power to choose alternative measures to the court system when apprehending a youth who has committed a crime. This is rooted in research that suggests the court system is not only costly, but inappropriate for most young people who engage in crime. Yet my analysis of police data suggests that in comparison to youth from other racial backgrounds, Black youth are more likely to be charged and less likely to receive an alternative sanction.
Involvement with the court system can lead to an array of negative consequences including societal stigmatization. Furthermore, a criminal record can have a negative impact on both educational and employment opportunities and ultimately lead to further criminal involvement. Therefore, Black people are more likely to face criminal charges and experience court interventions, as my data suggests. They are also more likely to experience the negative consequences of criminalization and labelling.
The disproportionate racial charge rates suggests that bias has become embedded in police discretion. It is these systems that perpetrate systemic racism.
Finally, I would like to switch gears and turn to the topic of victimization. While Black communities are over-policed in many respects, members of the Black community have long raised concerns over police inaction or insensitivity when it comes to their own victimization.
While the research is scarce, what data do exist suggest that Black people are at a higher risk of victimization than people from other racial backgrounds. However, research also suggests that Black people in Canada are less likely to report crime, including their own victimization, to the police. My current research seeks to understand why. Having a better understanding as to why people fail to report to the police is of great importance. Civilian reporting is needed to identify community crime levels. Civilian co-operation with police investigations is also needed to solve crimes and bring offenders to justice.
My analysis of national victimization data demonstrates that Black Canadians have little trust or confidence in the police. My one-on-one interviews with Black youth in Toronto demonstrate that this lack of trust decreases youth's motivations to report crime. This lack of trust is directly related to experiences of harsh and inadequate treatment by law enforcement officials.
To illustrate, many youth report that when they did report a crime to police in the past, the police treated them as a crime suspect rather than as a victim. Others fear that reporting victimization to the police could lead to police use of force against them or their family members. This places Black youth in a vulnerable position due to their increased risk of violent victimization as well as a lack of trust in an institution that is meant to serve and protect them. This is not only an example of systemic racism, but an issue of public safety.
We are at a time when citizens are expressing concern over racial bias in Canadian policing. In fact, a recent poll suggests that 40% of Canadians believe that police treat Black, indigenous and persons of colour unfairly. For decades, police services and policy-makers have deflected concerns over racial bias, and have failed to conduct the appropriate research and reforms that are necessary. There is a vital opportunity now to demonstrate that you're listening to Canadians in general, and members of the Black community in particular.
As a researcher I argue that we need more transparency from police services in order to document racism and evaluate the impact of anti-racism initiatives. We require improved race-based data collection, access and dissemination. We also require a commitment to work with researchers, including researchers of colour, who are willing to make critical inquiries into law enforcement practices. We can no longer rely on researchers who just give police the answers they are looking for.
I want to end with a quote from a participant in my study, who stated:
Not every officer is bad but as an institution the police gives those with biases the space and a platform to target people within those groups and without recourse.
I find this quote powerful, because as a Black member of Canadian society these issues do impact my sense of safety and well-being.
I thank the committee.