Justice Canada’s Anti-Racism Policy

Equality for all: Embrace diversity and inclusion, eradicate racism

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1. Effective Date

The Department of Justice (Justice Canada) Anti-Racism Policy is effective as of March 21, 2024.

2. Policy Statement

Justice Canada is committed to implementing an anti-racism approach throughout all the stages of Justice led-policy, legal and program initiatives. This commitment requires the following:

3. Purpose

The purpose of the Policy is to support a continuous improvement of practices, processes and ongoing identification and elimination of barriers created and perpetuated by discrimination and systemic racism within Justice policy, program and legal work, and more broadly, for all Canadians.

4. Application and Scope

The Policy applies to Justice Canada’s officials at all levels and in all parts of the Department working in policy, program and legal work.Footnote 1 It requires the consideration of the needs of Indigenous peoples, Black, and racialized individuals through the systematic implementation of an anti-racism analytical approach throughout all the stages of federal initiatives as described in the Justice Guidance in Applying an Anti-Racism Framework. This anti-racism lens should be applied, where relevant, as an entry point and complement the intersectional GBA Plus assessment outlined in the Justice Policy on GBA Plus.

5. Context

Racism and racial hierarchy have become institutionalized in many public policy systems and institutions. The legacy of colonialism is the foundation of today’s systemic racism. Racism has influenced the design of policy, programs, services and legislation and shaped our society, communities and institutions. In Canada, racism continues to affect Indigenous peoples, Black and racialized communities (Annex A). It continues to be part of their realities affecting how they live, interact with and navigate systems. As such, addressing racism is a top priority for the federal government.

The Government of Canada has taken a whole-of-government approach informed by the lived experiences of Indigenous peoples, Black, and racialized individuals. In June 2019, Canada launched its federal anti-racism strategy, Building a Foundation for Change: Canada’s Anti-Racism Strategy 2019-2022 that aims for equitable access to and participation in all spheres of Canadian life by eliminating racism’s systemic barriers and challenges. In January 2021, the Clerk of the Privy Council issued the Call to Action on Anti-Racism, Equity, and Inclusion in the Federal Public Service, setting expectations for public service leaders to take practical actions that support equity, diversity, and inclusion. These initiatives recognize the harmful impacts of systemic racism on Indigenous peoples, Black and other racialized groups, and aim to remove barriers to equity and inclusion for these communities.

Anti-racism leadership requires establishing anti-racist practices and embedding anti-racism practices throughout the organization. Justice Canada has made significant efforts to integrate anti-racism and anti-discrimination principles into its work. In November 2020, Justice Canada established the Anti-Racism and Anti-Discrimination Secretariat (ARADS) to provide strategic advice on anti-racism, equity, diversity, and inclusion, as well as to promote employee well-being, staffing, career progression, training, and leadership accountability. Justice Canada’s Anti-Racism and Anti-Discrimination Results Framework (Results Framework), a comprehensive multi-year action plan, which was developed in collaboration with Equity Advisory Committees, will bring fundamental changes to behaviours, processes, policies, and cultures that perpetuate systemic racism and discrimination at the Department. Justice Canada also recently modernized its Policy on Gender-Based Analysis Plus (GBA Plus) and methodological approach to ensure federal government initiatives are responsive and inclusive by considering multiple intersecting identity factors beyond gender and sex.

In 2021, Justice Canada developed the Justice Guidance in Applying an Anti-Racism Framework, which provides direction on applying an anti-racism lens to the Department’s work. It focuses on critical questions and actions employees should consider when developing Justice-led initiatives in legal, policy and program areas to eliminate or mitigate the effects of racialization and ensure that Justice Canada Officials consider the diverse needs of Indigenous peoples, Black, and racialized individuals in their work. The Guidance complements the ongoing work of ARADS and its Framework, which addresses human resource policies and procedures. It also supports the Deputy Ministers’ Justice Canada Executive Leadership Policy Statement on Anti-Racism, Equity, Diversity, and Inclusion (AEDI).

While Justice Canada has made considerable progress in recognizing and addressing systemic inequalities and forms of oppression within the organization, there remains a need for further incorporating an anti-racism lens systematically in policy, program and legal work. This policy will bridge this gap.

6. Guiding Principles

The following guiding principles are intended to support the integration of an anti-racism lens in Justice Canada’s work in the development of policy, program and legal initiatives:

7. Objectives and Expected Results

7.1 Objectives

The Anti-Racism Policy objective is to support ongoing efforts to eliminate racism and mitigate its effects on people by implementing an anti-racism lens in Justice Canada’s legal, policy and program work. Implementing an anti-racism lens allows Justice Canada employees to identify and remove barriers created and perpetuated by discrimination and systemic racism.

7.2 Expected Results

The Anti-Racism Policy will enhance the conditions for continuous improvement of Justice Canada practices, policies and processes by building capacity and knowledge needed for the effective application of the Justice Canada anti-racism lens to Justice-led policy, program and legal initiatives.

8. Responsibilities and Accountability

Justice Officials at all levels are responsible for applying an anti-racism approach to their work.

Annex A: Why Anti-Racism Matters

Racism and discrimination affect all parts of our lives, including how unconscious biases, stereotypes and perceptions influence how we make decisions and relate to one another. Racism and discrimination can also affect government decision-making and result in disparities that perpetuate the overrepresentation of Indigenous peoples, Black and racialized communities in institutions such as prison and child welfare, amongst others. Acknowledging that racism and discrimination are a part of our lived reality is a critical first step to action. As such, to address the systemic nature of racism, it is increasingly important for governments to carefully analyze and examine how systems in place may be perpetuating racial discrimination, which can happen through ideas, beliefs, attitudes and/or actions that may be held by individuals, groups, and/or organizations. An anti-racism approach acknowledges that systemic racism exists and actively confronts the unequal power dynamics between groups and the structures that sustain it. It is an active and consistent process of change to eliminate individual, institutional and systemic racism.

GBA Plus and anti-racism are both analytical processes that help assess how intersecting identity factors affect the effectiveness and outcomes of government policies, programs, services, and other initiatives and activities. Achieving equity, diversity and inclusion (EDI) can be seen as a common goal for both, with the intersectional approach in GBA Plus and human rights-based anti-racist and anti-oppressive approaches. While an intersectional GBA Plus approach is essential for the development of inclusive, responsive and equitable federal initiatives, it was not developed to specifically address the systemic nature of racism. Race and ethnicity are some of the identity factors that are taken into consideration when undertaking an intersectional GBA Plus analysis; however, they are considered among a variety of identity factors relevant to an initiative. The application of an anti-racism lens and guidance responds to this challenge by recognizing and addressing racial discrimination first to understand how racism affects people by using race as the entry point when conducting an analysis.

Anti-racism openly acknowledges the history and legacy of colonization, the systems created to support it, and that continue to serve a narrow segment of society. It is based on decolonization efforts and anti-oppression, and includes strategies, theories, actions, and practices that challenge and counter racism, inequalities, prejudices, and discrimination based on perceived race and other forms of oppression. The goal is to challenge racism and actively change policies, behaviours, and beliefs that perpetuate racist ideas and actions. It is “a systematic method of analysis and a proactive course of action. The approach recognizes the existence of racism, including systemic racism, and actively seeks to identify, remedy, and prevent the racially inequitable outcomes and power imbalances between groups and the structures that sustain these inequities.”Footnote 2 As such, an anti-racism lens must be applied to policy, program or legal initiatives to assess anticipated and real effectiveness in eradicating racial discrimination in public policy. It also supports and/or enables anti-racist and decolonial practices in employment equity and related considerations, such as addressing unconscious bias or racialized discrimination in staffing, promotion and developing diversity and inclusion training. In other words, anti-racism is rooted in actions to change perceptions and discriminatory behaviour to eliminate racism at the individual, institutional, and structural levels.

Annex B: Glossary of Terms related to Anti-Racism

As terminology evolves, the information contained in this Annex will be updated as required.

Anti-Asian Racism In Canada, anti-Asian racism refers to historical and ongoing discrimination, negative stereotyping and injustice experienced by peoples of various Asian identities, based on assumptions about ethnicity and nationality. The term "Asian" encompasses a diverse group of identities, and using this term alone can obscure the unique experiences and challenges faced by different Asian communities.
Anti-Black Racism Anti-Black racism flows from prejudice, attitudes, beliefs, stereotyping and discrimination directed at people of African descent which is rooted in their unique history and experience of enslavement, colonialism and segregation. It is manifested in the systemic and institutional barriers that contribute to the social, economic, and political marginalization of Black Canadians in society such as the lack of opportunities, lower socio-economic status, higher unemployment, significant poverty rates and overrepresentation in the criminal justice system.
Anti-Indigenous Racism Anti-Indigenous racism is the ongoing discrimination, negative stereotyping, and injustice experienced by Indigenous peoples in Canada. It encompasses a wide range of issues including but not limited to lack of access to healthcare, education, housing, employment and justice and includes the historical and ongoing effects of colonial policies and practices which established, maintained and perpetuate power imbalances, systemic barriers, and inequitable outcomes that have contributed to the marginalization and disempowerment of Indigenous people in Canada.
Antisemitism Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.
Colonialism Colonialism is a practice of domination, which involves the subjugation of one people to another. As experienced by Indigenous people in Canada, settler colonialism is the unique process where the colonizing population establishes a permanent presence in the colonized territory with the intention of maintaining political and economic control by asserting ongoing sovereignty to the land and actively seeking to assimilate Indigenous populations to extinguish their cultures, traditions and ties to the land.
Decolonization Decolonization once viewed as the formal process of handing over the instruments of government, is now recognized as a long-term process involving the bureaucratic, cultural, linguistic and psychological divesting of colonial power.Footnote 3
Discrimination Discrimination refers to the unfair or unjust treatment of an individual or group, based on personal characteristics such as race, ethnicity, nationality, citizenship, family status, disability, sex, gender identity, sexual orientation, religion, or age. This can include imposing a burden on them, denying them a privilege, benefit, or opportunity enjoyed by others, or treating them differently and adversely based on their personal characteristics.
Equality In Canada, both the Charter of Rights and Freedoms (the Charter) and human rights legislation aim to achieve “substantive” rather than “formal” equality. While formal equality involves treating individuals the same way regardless of their differences, substantive equality takes into account individual needs and circumstances, and examines how those differences might result in different impacts from allegedly neutral laws or practices, to avoid unequal benefits or burdens. This equality approach involves considering and working to address differences among people to ensure equal opportunity for all to participate fully in society. Equality rights in the Charter and human rights legislation protect against discrimination based on certain personal characteristics, such as race, sex, and disability. (GBA Plus assessments may also consider other personal characteristics relevant to public policy, such as geographic location and socio-economic status).
Equity Equity is associated with fairness, impartiality, and even-handedness. It is a distinct process of recognizing and addressing the unequal distribution of resources, opportunities, and power among groups of individuals, taking into account their unique characteristics and circumstances. The goal of equity is to achieve substantive equality.
Ethnicity Ethnicity and race are complex, socially constructed concepts often used interchangeably but with different meanings. Race typically refers to physical characteristics such as skin color, hair texture, and facial features while ethnicity is a broader term used to categorize groups of people according to shared cultural, national, religious, linguistic, or other social experiences and identities.
Individual racism refers to an individual’s racist assumptions, beliefs or behaviours, which can be expressed through conscious or unconscious prejudice, bias or discrimination. Individual racism is connected to/learned from broader socio-economic histories and processes and is supported and reinforced by systemic racism.
Institutional racism Institutional racism refers to patterns of discrimination, unequal treatment, and exclusionary practices within institutions (such as schools, workplaces, and government bodies) that result in racially inequitable outcomes for racialized people and advantages for white people. It can be both by design as well as unintentional and is perpetuated through policies, practices, and cultures within an institution. It can manifest in various ways, such as through hiring practices, promotion opportunities, access to education or healthcare, and the criminal justice system. It is rooted in historical and ongoing systemic racism.
Intersectionality A theoretical approach that acknowledges that our lives are shaped by multiple, overlapping or intersecting identity factors (e.g., race, class, gender), which results in unique and complex lived experiences that impact how we experience federal policy, programs and legislation. Compounding discrimination based on identity factors can create barriers for some or opportunities for others.
Islamophobia Islamophobia refers to a fear, prejudice, and hatred of Muslims or individuals perceived to be Muslim, which can lead to hostility, intolerance, and discrimination by means of threatening, harassment, abuse, incitement, and intimidation. It is often rooted in institutional, ideological, political, and religious hostility that can manifest in structural and cultural forms of discrimination, targeting the symbols and markers associated with Islam and being Muslim.
Race Race is a socially constructed concept in that it has been created and defined by society rather than be based on biology. Physical traits such as skin color, eye shape, and hair texture have been used as markers to create different racial categories without scientific basis for classifying people. Pseudo-scientific approaches to race are often used to advance the pernicious myth that certain races are inherently superior or inferior to another.
Racialization Racialization refers to the process by which societies construct races as real, different and unequal in ways that matter economically, politically and socially. People can be racialized based on skin color as well as other perceived characteristics such as culture, language, customs, ancestry, country or place of origin, or religion. Racialization results in the false premise of distinct and immutable racial categories and attributes social, economic, and political significance to these categories.
Racism Racism refers to any form of discrimination, prejudice, or negative treatment directed towards individuals or groups based on their perceived or actual racial, ethnic, or national background. This discrimination can take the form of individual actions or institutional practices that unfairly and unjustly treat people differently because of their race or ethnicity.
Systemic Racism Systemic racism consists of organizational culture, policies, directives, practices or procedures that exclude or marginalize some racialized groups or create unfair barriers for them to access valuable benefits and opportunities. This is often the result of institutional biases in organizational culture, policies, directives, practices, and procedures that may appear neutral but have the effect of privileging some groups and disadvantaging others.