By: Amrita Jogee
The Canadian Criminal Justice System (CCJS) has been praised for its commitment to justice and its reduction of crime, but does so with the dehumanization and racialization of the BIPOC community. Throughout this paper, I plan to answer the questions of how might the racialization and dehumanization practices of the Canadian Criminal Justice System impactincarcerated black men? In this paper, I argue that the dehumanization and racialization practices of the CCJS have created an ‘othering’ of the black community, specifically with incarcerated black men. I plan to formulate my argument into two main sections based on the political implications of the ‘Canadian War on Drugs’ and the Harper Era to fully understand the impact the Criminal Justice System has on incarcerated black men. These sections will focus on (1) the overrepresentation of black men in incarceration and (2) the inhumane treatment and ‘othering’ of incarcerated black men both within the Criminal Justice System and beyond (post- incarceration). The purpose of this paper is to understand the legal structures that work against incarcerated black men and to understand the plight of the black community holistically. This paper will conclude with appropriate and attainable solutions that can be achieved within the CCJS and society. Some of these solutions will include reform to the system and its policies as a whole, while others advocate for more funding for rehabilitative and post- incarceration measures. Throughout this paper, it is important to keep track of the two major recurring themes; the role of race and the treatment of the incarcerated. It is crucial to understand the intersections of these themes to develop a solid understanding of the experiences of incarcerated black men, and to work towards a solution that can be mutually beneficial.
Overrepresentation of Black Men in the Canadian Criminal Justice System
Many of the policies and practices implemented by the Canadian Criminal Justice System during the ‘Canadian War on Drugs’ and the Harper Era have created an ‘othering’ of the black community that still exists to this day. Before moving on, it will be helpful to define what ‘othering’ entails in this context. In this paper, I define ‘othering’ as the view or treatment of peoples as alien to oneself. In this section, I plan to highlight these two significant periods in Canadian history that shaped the CCJS into what it is today. This section will conclude with the current effects on incarcerated black men and directly connect these eras to the present day.
The post- 1980s’ ‘War on Drugs’ (Owusu- Bempah & Luscombe 2021) was a period during which the government led campaigns that aimed to stop the use and dealing of illegal drugs in society. The events that led to this campaign included a media fostered moral panic, which targeted low income BIPOC communities. This push in the media encouraged fear mongering among the citizens of the nations and promoted acts of discrimination within society. This panic among the majority population led to a public demand for harsher penalties and practices to criminalize those in the ‘ghetto’ areas. This phenomenon started in the United States of America under former President Richard Nixon, and made its way north under the guidance of former Prime Minister Brian Mulroney. Despite its cheery representation as a nation, Canada has implemented similar laws to the US, proving itself no better than our neighbors. Later on, in 1996, Canada implemented the Controlled Drugs and Substances Act under former Prime Minister Jean Chrétien. This act imposed harsh criminal penalties for any association with drugs, including the distribution, the manufacturing, and the usage (Owusu- Bempah & Luscombe 2021). The implementation of these laws and practices have led to an increase the over policing in BIPOC neighborhoods, and the overwhelming recurrence of racial profiling within these communities as well.
To briefly touch on the Harper Era, former Prime Minister Stephen Harper implemented numerous controversial laws during his term that directly targeted BIPOC and other marginalized communities (Andrews 2022). I find this era relevant to mention in this paper as it displays the progression or lack thereof in Canadian society and the CCJS. The Harper Era continued with the idea of mandatory minimums which are criminal offenses that have a mandatory minimum sentence attached to it (Andrews 2022). Harper introduced the Safe Streets and Communities Act which imposed harsher mandatory minimums. This understanding of law and society was based on ‘tough-on-crime’ ideologies (Andrews 2022). The act was initially created to deter ‘acts of terrorism against Canada and Canadians’. It proposed several amendments to the Criminal Code of Canada, some of which include a maximum penalty for association with cannabis, and suggestions for amendments to the Youth Criminal Justice Act; for example, sentencing a minor with an adult sentence (Andrews 2022). The Safe Streets and Communities Act also restricted the use of conditional sentences in some cases- this left the alternative being imprisonment. Since Harper’s term, the Government has worked towards abolishing these laws, but the ideology has left remnants in the CCJS which are reflected in BIPOC communities today (Andrews 2022).
It is important to understand that these two eras were formed on the understanding that arresting people kept society safer- but this is not the case. The Canadian Criminal Justice System is based on the idea of deterrence- which refers to the idea that the threat of punishment and punishment itself will deter people from committing offences and conform to societal law and norms. This connects to the push for harsh penalties that are reflected in both the ‘War on Drugs’ and the Harper Era. The marginalization of the BIPOC communities is reflected in a geographical aspect- a lot of the time, BIPOC people are concentrated in areas that are typically underfunded and overpoliced. In these low-income areas, the majority of the people are socially and economically disadvantaged, making them more prone to commit crimes, and in an area that is overpoliced, the likelihood of being arrested for smaller crimes is much higher than it would be elsewhere. To directly connect to my thesis, the policies and practices that have been implemented over the course of time, during the two aforementioned eras, have significantly contributed to the overrepresentation of black men in the Canadian Criminal Justice System. Canadian Statistical Records have shown that black people are much more likely to be admitted and arrested to federal corrections through mandatory minimum sentences than white people, about 53%: 46% (Government of Canada 2022). It is also worth mentioning that the act under which most black offenders are admitted is the Controlled Drug and Substances Act because of the mandatory minimum sentences that are imposed (Government of Canada 2022). The mandatory minimum sentences are among the significant contributing factors to the overrepresentation of black people in correctional facilities (Papathanasoglou 2023). The continuation of mandatory minimums restricts the process of discretion, at least in the cases of black offenders. It is also worth mentioning that many black men take ‘plea deals’ in order to face a reduced or more lenient sentence. Many black offenders feel as though the system works against them, and that they have little impact on the processes that happen throughout. The practices of the CCJS officials are also to blame for this overrepresentation; their practices of racial profiling within communities has harbored fear resulting in one in five black community members having little to no confidence in the system (Government of Canada 2022). Also related to the overrepresentation of black men in the CCJS, I will mention the significance of labelling theory and its implications on the BIPOC society. Labelling theory states that assigning labels to an individual can affect their behaviour; and in the case of practices of the CCJS, the process of racial profiling and over policing has encouraged officers to label individuals as criminals based on their appearance and no other rational reason. This labelling process can cause community members to internalize these notions and act out in illegal ways. This is one of the ways that the CCJS has entrenched and perpetuated crime within the area- leading to an overrepresentation in the system. To encapsulate a clearer image of the overrepresentation, about 9% of offenders in the CCJS are black, despite being only 4% of the Canadian population (Government of Canada 2022).
To recap, many of the policies constructed during the ‘War on Drugs’ and the Harper Era have contributed to the overrepresentation of black men in the CCJS. Many of the practices of the CCJS, such as racial profiling, and over policing have also contributed to this overrepresentation. Now that we have identified the issue, I will conclude this section with a few attainable solutions (Papathanasoglou 2023). I mentioned in this section how racial discrimination plays a key role in the overrepresentation of black men in the CCJS, the first solution I will propose is to start eliminating racial biases within the system. For example, the process of racial profiling should be replaced with criminal profiling- which has more substance and merit than an assumption based on race. Another solution would be understanding the bias that exists in the media and the racialization aspect that occurs- if people in society are better informed, they can demand for change, and inturn, this can help reduce a moral panic and stigma surrounding the black community. In terms of solutions addressing the legislation in the CCJS, mandatory minimums should be reconsidered and possibly abolished and replaced with conditional sentences depending on the severity of the crime. Taking this step will allow judges to act with more discretion- hopefully based on the individual and not the stereotypes of the group they are associated with. Another solution regarding legislation would be the legalization of select drugs in society. There once was a time where cannabis was illegal, and doing so incarcerated many people. Today, now that cannabis is legalized, it reduces crime rates and allows the system to work more efficiently and focus on other cases that require more attention.
Inhumane Othering of Incarcerated BlackMen within the System and Beyond
In this section of my paper, I plan to examine how the racialization and dehumanizing practices of the Canadian Criminal Justice System have contributed to the inhumane treatment and the othering of incarcerated black men in the system and beyond.
The CCJS has dehumanized the incarcerated by restricting them of some of their legal rights and privileges (Papathanasoglou 2023). The CCJS condoned their actions which created an ‘othering’ of incarcerated people in society. The system has dehumanized these people so much that they lack certain rights and privileges (Calavita et al. 2015). It wasn't until 2002 that incarcerated people were allowed the right to vote in Canadian prisons. Incarcerated people do not have access to proper and consistent healthcare, nor proper nutrition (Calavita et al. 2015). They also live in poor conditions and are subjected to punitive measures in most cases. Being incarcerated cuts the individual off from the outside world, which can have detrimental effects on their mental health (Harding 2015). The system has also made it extremely difficult for incarcerated black men to return to society after their sentence. The CCJS has created an ‘othering’ of formerly incarcerated
black men on their path to reintegration into society, due to the lack of rehabilitative measures in prisons and the lack of support post- incarceration (Harding 2015). It is entirely possible to reintegrate the formerly convicted back into society, but the CCJS has forced them into a state where recidivism and vulnerability is high. Black men specifically are villainized in society and the media, which makes it difficult for a fresh start with the system perpetuating this dehumanizing and racialized chain of events(Heitzeg 2015). Many formerly incarcerated black men have employment issues and housing troubles, and there is no government support to address this. Some possible solutions to addressing this inhumane treatment of incarcerated black men, both within the system and beyond, include more funding for rehabilitative programs within prisons and more support for those who have been released. Being a BIPOC person already puts you at a disadvantage in the eyes of the CCJS, adding on the component of imprisonment will only amplify the risk associated with being a person of colour in relation to the system- as mentioned in the first part of my paper. Being imprisoned could also mean potential anxiety and other mental health disorders, but the current system does not have the resources it needs to provide support- the bare minimum of providing proper healthcare should be another solution. Post- incarceration is another solution that should be addressed. There are barely any government funded programs to help reintegration, and without it, the likelihood of falling back into trouble is high.
In conclusion, this paper explores the various dehumanization practices and policies the Canadian Criminal Justice System has subjected black incarcerated men to. I’ve highlighted two main arguments in my paper to fully understand the impact and intersection the Canadian Criminal Justice System has had on incarcerated black men, which remains the focus of my paper. I sought out to answer the question of how might the racialization and dehumanization practices of the Canadian Criminal Justice System impact incarcerated black men? To this question I’ve found two significant answers; throughout this paper, I explored political implications that have resulted in the overrepresentation of incarcerated black men, and the inhumane treatment and othering these men are subject to within the system and beyond. In addition to understanding the depth of this issue, this paper also strives for attainable solutions to this problem, some of which include the elimination of racial bias in the legal system, the legalization of some drugs, and funding for rehabilitative and post- incarceration programs, among many others. For future research on this topic, it is important to keep in mind what specific parts of the CCJS are flawed, and only then can we work on solutions to approach this. While it is true that some parts of our legal system have aided society, it also remains true that our system is not perfect and can be fixed. The CCJS needs reform to better cater to the needs of the people and directly focus on their impact on incarcerated black men.
Bibliography
Andrews, Ben. 2022. “The Harper Government Changed Many Sentencing Laws. They’ve Largely Been Changed Back | CBC News.” CBC News. https://www.cbc.ca/news/politics/stephen-harper-mandatory-minimum-sentences-criminal- code-1.6637154
Calavita, Kitty and Valerie Jenness. 2015. “Chapter 3: Naming, Blaming, and Claiming in an Uncommon Place of Law.” Pp. 49–78 in Appealing to Justice Prisoner Grievances, Rights, and Carceral Logic. Oakland, CA: University of California Press.
Government of Canada, Department of Justice. 2022. “Overrepresentation of Black People in the Canadian Criminal Justice System.” Government of Canada, Department of Justice, Electronic Communications.
https://www.justice.gc.ca/eng/rp-pr/jr/obpccjs-spnsjpc/index.html#:~:text=Black%20peopl e%20are%20also%20overrepresented,4%25%20of%20adults%20in%20Canada.
Harding, Richard. 2014. “Rehabilitation and Prison Social Climate: Do ‘What Works’ Rehabilitation Programs Work Better in Prisons That Have a Positive Social Climate?” Australian & New Zealand Journal of Criminology 47(2):163–75.
Heitzeg, Nancy A. 2015. “‘Whiteness,’ Criminality, and the Double Standards of Deviance/Social Control.” Contemporary Justice Review 18(2):197–214.
Medina Falzone, Gabby. 2021. “Case Studies in Social Death: The Criminalization and Dehumanization of Six Black and Latino Boys.” The Urban Review 54(2):233–54.
Owusu-Bempah, Akwasi and Alex Luscombe. 2021. “Race, Cannabis and the Canadian War on Drugs: An Examination of Cannabis Arrest Data by Race in Five Cities.” International Journal of Drug Policy 91:102937.
Papathanasoglou, Elpida. 2023. “Female Offenders in Canada: A Review of Needs and Current Programs and Supports .” WOMEN AND THE LAW: MULTIPLE SIDES OF JUSTICE 8:8–26.
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