Discrimination and Bias in the Justice System

By pondadmin , 15 April 2025
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❖ 1. Systemic Racism: A Persistent Reality

In Canada, systemic racism permeates the justice system, disproportionately impacting Indigenous and Black communities.​

Indigenous Peoples

  • Despite comprising about 5% of the population, Indigenous individuals represent approximately one-third of federal inmates. ​Reuters
  • Factors contributing to this overrepresentation include systemic discrimination, socioeconomic disparities, and higher rates of parole denial. ​Reuters

Black Canadians

  • Black individuals are more likely to report experiences of discrimination when interacting with the police. ​Department of Justice
  • They also report lower confidence in the fairness of the justice system compared to White Canadians. ​

❖ 2. Legislative and Policy Responses

Efforts have been made to address systemic discrimination within the justice system:​

  • Bill C-5: Enacted to repeal certain mandatory minimum penalties, aiming to reduce the over-incarceration of marginalized groups. ​Department of Justice
  • Black Justice Strategy: Introduced to address anti-Black racism and systemic discrimination, with a focus on community engagement and reform. ​Department of Justice
  • Indigenous Justice Strategy: Developed to tackle systemic discrimination and the overrepresentation of Indigenous peoples in the justice system. ​Canada.ca

❖ 3. Judicial Recognition and Challenges

The judiciary has acknowledged the presence of systemic racism:​

  • In 2024, a Quebec judge ruled that racial profiling is a systemic issue within the Montreal police force, awarding damages in a class-action lawsuit. ​The Guardian
  • Despite such acknowledgments, challenges persist in ensuring consistent application of principles aimed at mitigating bias, such as those established in R v Gladue and R v Ipeelee, which require courts to consider the unique circumstances of Indigenous offenders during sentencing. ​Wikipedia

❖ Final Thought

Let’s talk.
Let’s confront the uncomfortable truths within our justice system.
Because acknowledging systemic bias is the first step toward meaningful reform.

When justice is truly blind,

it sees the individual, not the stereotype.

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