Canada is considered a mosaic of cultures in which different cultures and ethnicities co-exist peacefully together. This type of statement ignores the fact that racial bias is prevalent in Canada. Racial bias occurs when views about a certain race impacts the interaction and thought about individuals of that certain race. When racial bias does occur, there is a higher chance that the minority will face racial profiling, in which the minority is profiled due to a stereotype of their race. Racial profiling by the police has negatively impacted minority races, especially the Black and Aboriginal populations. The Black and Aboriginal populations are overrepresented in many categories, such as being overrepresented in police stops and in prisons. This review of literature towards racial profiling states that racial minorities such as the Black and Aboriginal populations face racial bias by the police because of negative racial attitudes that the officer believes of those youths. The racial bias towards Black and Aboriginals had led to the overrepresentation of Blacks and Aboriginals in jails.
Bias and Perception: The Overrepresentation of Minorities
Early research into Race and Crime has revealed that there was racial bias in Canada. Roberts and Doob (1997) in their article called Race, Ethnicity, and Criminal Justice in Canada argue that there is evidence to prove that there is racial bias in the criminal justice system, based on their analysis of literature towards
A closer in depth analysis into Canada’s justice system will show that their acceptance of all cultures did not leak through to the confinements of its courts. Why it is that one race or class is more likely to be an inmate? From a racial standpoint,
Legewie, Joscha. "Racial Profiling and Use of Force in Police Stops: How Local Events Trigger Periods of Increased Discrimination." American Journal of Sociology, vol. 122, no. 2, Sept. 2016, pp. 379-424. EBSCOhost, ezproxy.uno.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=118161270&site=eds-live&scope=site.
Racial inequality inside of Canadian prisons is shocking and sometimes unbelievable when taken into account the percentage a minority group takes up in Canada’s overall population versus behind bars. The injustices against Canada’s First Nations people are unfortunately not just historic, as their mistreatment is still evident today. Despite representing only 3% of the population, First Nations account for about 25% of the prison population in provincial/territorial facilities. More specifically, 31% of the female population, and 22% of the male population were First Nations in 2015. More than one in five admissions to men’s prisons are of Aboriginal descent, and one in three in women’s prisons. Although it can be said that more and more attention has been drawn to this issue by citizens and politicians alike recently, First Nations people continue to suffer from poverty, injustice, and a lack of opportunities compared to the average Canadian citizen. About one in four native children live in poverty, leading to criminal activity, and eventually
Howard Morton addresses the issue around street checks used across Canada, which is also known as “carding”. In his article “Investigative Detention and Street Checks” Morton defines the street checks as “an interaction between police officers and members of the public that is generally not related to a specific criminal investigation. However, there have been controversies around this topic since it is “view by many as racial profiling or racist policing” (Morton, 2015).
Immigration policies have been under fire for their racist under- or overtones. As Rees states, "Canadian immigration policy has historically always been determined by racial preferences." Institutionalized racism is a problem in Canada, in spite of the many official policies and programs designed to manufacture an equitable society. For example, Canada's Human Rights Commission and Employment Equity Act are both admirable but "Canada fails to fully implement" their guidelines (Song). Racial profiling is also a problem in the Canadian law enforcement and immigration sector. One study shows that Canadian residents who are African or black receive "harsher treatment" than white residents, and are also "overrepresented in police statistics of charges and arrests," (Ontario Council of Agencies Serving Immigrants).
In this article, Robert, April, and Jorge (2010) acknowledges previous research reports on this topic and reveals that race, and racial patterns have found their way in involvement of crime. However, Robert, April, and Jorge (2010) argue that there is no significant proof that there are meaningful racial disparities in the legal systems. Although some literatures provide research on the existence of racial profiling by police, in imprisonment, and sentencing, other researchers report no significant racial disparities in the legal systems (Black and Reiss, 1970; Pilivian and Briar, 1964). However, other researchers report on ample racial disparities based on race. These researches are controversial because the size of the differences in such reports tends to bring up the question of meaningfulness of the differences observed (Wilbanks, 1987).
Racial profiling is used by many Americans in the united states. Blacks, whites and mexicans all use racial profiling. Their profiling is much different then you could say is used by police enforcement today. Minorities are high on the list of racial profiling by police in today 's society. This has caused many issues with minorities and police enforcement relations since police use this as a way of controlling crime rates in many cities. With this paper it will be to show and scrutinize every aspect of consequences of racial profiling with police and individuals such as minorities. To be able to explain and probe racial profiling and the issues that coincide with this issue. I will then provide an explanation with background of what racial profiling means. Then providing research that will show the issue of racial profiling with how it will affect the relations between individuals and law enforcement departments.
How often do we stop to think about the minorities of this country and how they become involved and are treated in the criminal justice system? I surmise; only some of us will concern ourselves with such details. For some like myself; we might work with individuals of the Aboriginal community or have interacted with members of this group whether through school or work. Canada “had an Aboriginal identity in 2011 of 4 % or 1.4 million people” (Kelly-Scott and Smith, 2015). Of this total there is a gross overrepresentation of Aboriginal people in Canada’s Criminal Justice System. This overrepresentation of Aboriginals in the CJS comes as a result of socio economic factors, sentencing reforms, systemic discrimination, education and employment and victimization of Aboriginal women. In partial fulfilment of this course, this paper will address the leading factors which has led to the overrepresentation of this group in the CJS.
Policing of persons belonging to First Nations communities is not fair and equal under law, and should be changed in specific ways. Under-policing and over-policing both play significant roles in the unjust treatment of the Indigenous population, which have resulted in their marginalization and oppression in society. Despite the looming contradiction of being fearful of the police, there is still a desire for more police accountability and protection.
Discrimination towards ethnic minority continues to find its way in our country. Unfortunately, the subject of racial profiling remains a part of Canada, as officers ignore individual behavior and instead, rely on race in police investigations. According to Katheryn Russell (as cited by Amy Hackney & Jack Glaser, 2013) racial profiling is defined as “The use of race or ethnicity by law enforcement officials as a basis for judgement of criminal suspicion” (Russell, 1998). Racial profiling within our country can be exposed through Canadian history, surveys and interviews from those treated unjustly. All of which stakeholders attempt to remedy for the victimization of the innocent.
There has been a significant body of literature which has attested to the veracity of the argument that black Canadians are victimized via racial profiling. For example, the Commission of Systemic Racism in the Ontario Criminal Justice System found that the majority of black respondents surveyed had been treated unfairly by the Canadian criminal justice system (Wortley and Owusu-Bempah, 2011, p.133-134). Furthermore, Canadian research studies have consistently revealed that blacks are more likely to come into negative police contact compared to Caucasians (Wortley and Owusu-Bempah, 2011, p. 135). Alarmingly, suspected black offenders are also more likely to be shot and experience use of force by Canadian law enforcement personnel than their white counterparts (Wortley and Owusu-Bempah, 2011, p. 138).
No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
The existence of racial disparity and structural inequality within the criminal justice system renders the concept of true justice for all unobtainable. The statistics of convictions and prison sentences by race definitely support the concept that discrimination is a problem in the justice system as well as the insignificantly number of minority judges and lawyers. There are a multitude of circumstances that influence these statistics according to the “Central Eight” criminogenic risk factors. The need for programs and methods to effectively deter those at risk individuals has never been greater and the lack of such programs is costing society in countless ways.
Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. However, society has not treated them as equal members of society since the first explorers settled. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. Lisa Monchalin (2016), author of the text The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, noted multiple reasons how Aboriginal people are discriminated against in society, and how they are over-represented in Canadian correctional system. In society, according to Aylsworth, L., and Trovato, F. (2012) of The Canadian Encyclopedia, the indigenous population was approximately 4.3% of the total Canadian population, yet, the 2015-2016 Annual Report of the Office of the Correctional Investigator noted “an unabated increase in the number of Indigenous people behind bars, a rate now surpassing 25% of the total federal incarcerated population” (2016, n.p.). This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. Indigenous history has been speckled with injustices, hardship, discrimination, racism, and have been on the receiving end of multiple attempts to rid Canada of Indigenous ways and people. The history of these