Annex 1: Recent Government of Canada initiatives to combat anti-Black racism and systemic discrimination

Since 2018, the federal government has committed up to $872 million to initiatives that support Black communities. These programs and earlier investments include:

Pillar 1: social determinants of justice

The Government of Canada has announced initiatives and made additional investments in recent years to address the social determinants of justice, to combat racism and hate, and to support the full participation of Black people in Canadian society. Key investments and initiatives include:

i) Black-specific initiatives

Employment and Social Development Canada – Supporting Black Canadian Communities Initiative

The Supporting Black Canadian Communities Initiative (SBCCI) is a federal grants and contributions initiative. The SBCCI was created in 2019 to:

SBCCI provides funding to help Black-led organizations build foundational infrastructure within Black communities. SBCCI helps address the emerging priorities of Black communities and organizations in Canada by funding activities and projects, led by Black community stakeholders, that meet specific needs they have identified.

Since 2019, over $200 million has been invested through the Supporting Black Canadian Communities Initiative to celebrate, share knowledge and build capacity in Canada’s vibrant Black Canadian communities, including $25 million in 2024-25, announced through Budget 2023, and $36 million in 2025-26, announced in the 2024 Fall Economic Statement.

Employment and Social Development Canada – Federal Leadership on the United Nations International Decade for People of African Descent

In 2018, the Prime Minister formally recognized the United Nations International Decade for People of African Descent (UNDPAD). The Supporting Black Communities Directorate at Employment and Social Development Canada has been mandated as the policy lead on the UNDPAD to coordinate actions and track progress on Canada’s commitments under the UNDPAD.

Employment and Social Development Canada – Black-led Philanthropic Endowment Fund

The Government of Canada has committed $200 million to establish the Black-led Philanthropic Endowment Fund dedicated to supporting Black-led charities and organizations serving youth and social initiatives. Led by Black Canadians for Black Canadians, the Fund will create a sustainable source of funding to improve social and economic outcomes in Black communities.

Public Health Agency of Canada – Promoting Health Equity: Mental Health of Black Canadians Fund

Budget 2024 provided an additional $4 million over two years, starting in 2024-25, to the Public Health Agency of Canada for the Mental Health of Black Canadians Fund. This Fund supports the mental health of Black individuals and communities, with the aim of supporting more culturally focused knowledge, capacity, and programs that address mental health and its determinants for Black Canadians, including a focus on youth.

Treasury Board of Canada Secretariat – Mental Health Fund for Black Public Servants

Budget 2023 provided $45.9 million over three years, starting in 2023-24, to the Treasury Board of Canada Secretariat to create a Mental Health Fund for Black public servants and establish dedicated career development programs, including to prepare Black public service leaders for executive positions.

Canada Mortgage and Housing Corporation – Affordable Housing Fund

A $50 million carve-out for Black households within the Affordable Housing Fund supports Black-led organizations to build more affordable housing for Black renter households in Canada, and support homeownership for Black families across the country.

The Affordable Housing Fund is supporting affordable homeownership for Black households through a joint $40 million investment with Habitat for Humanity Canada to build 200 homeownership opportunities for Black households. As of May 31, 2023, 115 Habitat homes have been built or are under construction with local Habitat for Humanity organizations in Alberta, Ontario, Manitoba, New Brunswick, and Quebec.

Innovation, Science and Economic Development – The Black Entrepreneurship Program

The Black Entrepreneurship Program is a partnership between the Government of Canada, Black-led business organizations, post-secondary or other accredited educational institutions, and financial institutions. It has three components:

Innovation, Science and Economic Development – Futurpreneur Canada

To empower young entrepreneurs, Budget 2024 provided $60 million over five years, starting in 2024-25, for Futurpreneur Canada. Futurpreneur Canada will match this federal investment with funding received from other orders of government and private sector partners. In addition to Innovation, Science and Economic Development’s (ISED) Black Entrepreneurship Program, Futurpreneur Canada, in concert with the Royal Bank of Canada and the Business Development Bank of Canada, also supports young Black entrepreneurs through its Black Entrepreneur Startup Program.

Public Services and Procurement Canada – Black Business Procurement Pilot

In 2021, the Black Business Procurement Pilot was launched to expand procurement opportunities for Black-owned or operated businesses across Canada. In addition, a Request for Information sought to gather information on Black-owned or Black-led businesses and their experiences with federal procurement.

Canada Mortgage and Housing Corporation – Homeownership Bridge Program

In 2022, the Homeownership Bridge Program received $10 million in federal funding, through Canada Mortgage and Housing Corporation’s Shared Equity Mortgage Providers Fund, to provide shared equity mortgages to first-time homeowner Black families in the Greater Toronto Area. The Homeownership Bridge Program was led by BlackNorth Initiative in partnership with Habitat for Humanity Toronto.

Canada Mortgage and Housing Corporation – Black Community Technical Housing Resource Centre

To support Black-led and Black-serving organizations interested in the field of housing, the Government of Canada has committed $500,000 from the National Housing Strategy toward the establishment of a Black Community Technical Housing Resource Centre (BCHC) to provide advice and assistance for organizations interested in building housing for Black communities. The initiative is also supported through $150,000 from the Province of Nova Scotia. In partnership with the Community Housing Resource Centre, the BCHC will be led by individuals from the Black community and will serve as a valuable resource hub. Engagements with stakeholders to establish the advisory and steering committees through regional meetings have taken place across the country. Ongoing work with the Advisory and Steering Committees will help establish the BCHC's Governance structure, prioritizing intersectionality, and equity across the country in the selection process.

Canada Mortgage and Housing Corporation – Buying while Black: Barriers to Black Homeownership

Funded under the National Housing Strategy Research and Planning Fund, the Buying while Black: Barriers to Black Homeownership project examines barriers facing Black Canadians when pursuing homeownership in the Greater Toronto and Hamilton Area (GTHA). The first phase of primary data gathering (through key informant interviews with real estate professionals) is complete. A final research report will be made public. Initial findings highlight factors affecting homebuying practices within Black communities and barriers that Black individuals encounter in the homebuying process.

Canadian Institutes of Health Research, Natural Sciences and Engineering Research Council, Social Sciences and Humanities Research Council – Support for Black students and post-doctoral researchers

Budget 2022 provided $40.9 million over five years and $9.7 million ongoing to increase the number of awards available to highly qualified Black scholars. These funds will be offered through the federal research agencies to support targeted scholarships and fellowships for promising Black student researchers, to be delivered through existing programs. The funds will contribute to making Canada’s research culture more equitable, diverse, and inclusive, and will augment Canada’s innovation potential.

Canadian Heritage – Community Support for Black Canadian Youth

Budget 2018 invested $9 million to enhance local and community support for Black Canadian youth, including funding for 56 projects; a National Anti-Black Racism Education and Awareness Campaign called Say it Loud, which mobilized over 10,000 Black youth from coast to coast to coast; and support for outreach and engagement activities.

ii) Broader initiatives that support Black communities and other communities

Canadian Heritage – Canada’s Anti-Racism Strategy

Launched on June 8, 2024, “Changing Systems, Transforming Lives: Canada’s Anti-Racism Strategy” will span from 2024 to 2028 and includes a $110.4 million investment aimed at driving action in employment, justice and law enforcement, housing, healthcare, and immigration systems. It includes over 70 federal initiatives designed to ensure that federal polices, programs and services reflect the Canada it serves, while also working in partnership with communities by investing over $70 million in local initiatives across the country.

Canadian Heritage – Canada’s Action Plan on Combatting Hate

The Government of Canada signaled its commitment to tackle hate by calling for the first ever Action Plan on Combatting Hate in Budget 2022 to give a voice to those with lived experience of hate, including racialized and religious minority communities in Canada and their intersections. In support of these efforts, Budget 2024 announced $273.6 million over six years, starting in 2024-25, with $29.3 million ongoing, for Canada's Action Plan on Combatting Hate, which was unveiled on September 24, 2024, to support community outreach and law enforcement reform, tackle the rise in hate crimes, enhance community security, counter radicalization, and increase support for victims. This is complimented by a previous investment of $110.4 million for Canada’s Anti-Racism Strategy – aimed at driving action in employment, justice and law enforcement, housing, healthcare and immigration systems. The Action Plan, including program funding for communities, will be a key lever in confronting anti-Black hate across Canada – an imperative need given that Black persons in Canada continue to be targets of the greatest number of police-reported hate crimes motivated by race in the country.

Canadian Heritage – Multiculturalism and Anti-Racism Program

The Multiculturalism and Anti-Racism Program supports the mandate of the Department of Canadian Heritage by building on Canada's strength as a diverse and inclusive society.

The Program’s objectives are to support communities to:

Canadian Heritage is implementing enhanced protocols and processes for funding programs that support Canada’s Anti-Racism Strategy to help ensure that organizations and individuals that espouse racist, antisemitic, Islamophobic and other forms of hateful content will not be eligible to receive government funding. The Program has three funding components: Events, Projects and Organizational Capacity Building.

Canadian Heritage – Community Sport for All Initiative

In February 2024, the Government of Canada announced more than $16.7 million in funding through the Community Sport for All Initiative to provide more Canadians with opportunities to experience the transformative power of sport. Through this investment, 39 National Sport Organizations (NSO) will be able to give Canadians access to and stay involved in sport in communities from coast to coast to coast. The Community Sport for All initiative supports NSOs in establishing more accessible and locally organized sport programs aimed at reducing barriers to participation, particularly among Black, Indigenous and racialized communities as well as 2SLGBTQI+ individuals, persons with disabilities, people with low incomes and newcomers.

Employment and Social Development Canada - Employment Equity Act Review (Labour Program)

In 2021, the Government of Canada established the Employment Equity Act Review Task Force to conduct an independent and comprehensive review of Canada’s Employment Equity Act to improve equity, diversity, and inclusion in federally regulated workplaces and to keep pace with the economic, demographic, and social changes in recent decades. The report was released on December 11, 2023.

Through the Task Force’s extensive research and engagement with Canadians, one of their recommendations is #3.17, which states that ‘Black workers should constitute a separate employment equity group for the purposes of the Employment Equity Act framework.’ The realities of Black workers include facing the highest overqualification rate of any Canadian-educated racialized group, 16% in comparison to 11% for the total population. The proposed addition to the Employment Equity Act received significant support from Black communities. The Task Force noted that Black people would like specific recognition of their experiences and barriers which are legacies of the transatlantic slave trade; and that their employment outcomes are worse in comparison to other racialized communities.

On December 11, 2023, Minister O’Regan, Minister of Labour announced the Government’s initial commitments to modernize the Employment Equity Act, including making Black people a new designated group. Following the recommendations of the Task Force, Budget 2024 announced the government’s intention to propose legislative amendments to modernize the Employment Equity Act, including by expanding designated equity groups.

Health Canada – The Renewed Canadian Drugs and Substances Strategy

On October 30, 2023, the Minister of Mental Health and Addictions and Associate Minister of Health launched the Renewed Canadian Drugs and Substances Strategy (CDSS). The renewed CDSS guides the Government of Canada’s response to substance use related harms and the overdose crisis. The CDSS is led by Health Canada and is implemented in collaboration with over 15 federal government departments and agencies. The goal of the CDSS is to minimize substance-related harms for individuals, families, and communities by taking action in four integrated priority areas called foundational elements: prevention and education, substance use services and supports, including treatment, harm reduction and recovery, evidence, and substance controls.

The renewed CDSS introduced the new principle of equity, along side of compassion, comprehensiveness and collaboration to guide its actions. The principle of equity recognizes “the distinct impacts that substance use policies and interventions can have on Indigenous Peoples, African, Caribbean, Black and other racialized and marginalized populations.”

Public Health Agency of Canada – 9-8-8 Suicide Crisis Helpline

The 9-8-8 Suicide Crisis Helpline offers 24/7/365, bilingual, trauma-informed, and culturally appropriate suicide prevention crisis support by phone and text message for everyone living in Canada. Depending on where they live, callers can select an option to receive specialized support for youth or Indigenous communities.

Public Safety Canada – National Crime Prevention Strategy

The National Crime Prevention Strategy is the policy framework for the implementation of crime prevention interventions in Canada and provides funding to strategically selected projects that contribute to preventing and reducing crime in Canada and to increasing knowledge about what works in crime prevention. The 2018 and 2021 calls for applications for the Crime Prevention Action Fund focused on supporting multi-sectoral community-driven direct intervention and research projects prioritizing Black and Indigenous youth. Since 2019, Public Safety has funded 18 projects that focus on serving Black youth, valued at $58 million.

Immigration, Refugees and Citizenship Canada – Settlement and Resettlement Program – Supporting Targeted Programming for Equality-deserving Populations

As part of Immigration, Refugees and Citizenship Canada’s Settlement and Resettlement Program's Call for Proposals (CFP) in 2024, the Department encouraged proposals for targeted programming to address barriers to integration for specific newcomer populations, including refugees, youth, women seniors, 2SLGBTQI+ populations, persons with disabilities, and Black and other racialized newcomers. Submitted CFP 2024 proposals will receive an Equity, Diversity and Inclusion score based on incorporation of GBA (Gender-based Analysis) Plus, targeted programming for specific equality-deserving client populations, and Truth and Reconciliation in the design of projects. As part of CFP 2024, the Department has created a new Equity Stream that will fund the settlement sector in building the capacity of not-currently funded, grassroots community organizations that serve and are led by equality-deserving populations to participate in the settlement and integration of diverse newcomers as service provider organizations.

Immigration, Refugees and Citizenship Canada – Employee training on anti-racism

Immigration, Refugees and Citizenship Canada has implemented mandatory training courses for employees, delivered through the Canada School of Public Service, which include courses on adopting an inclusive mindset, moving from Bias to Inclusion, and establishing inclusive hiring practices for a diverse workforce, as well as other management-oriented, department-specific course offerings on Anti-Racism Training. Further, the Department’s decision makers are provided with training to address bias in decision making and equitable decision making, and the Department’s Anti-Racism Task Force offers updated learning resources available to all employees.

Immigration, Refugees and Citizenship Canada – Institutional Bias and Racism Identification Method

The Institutional Bias and Racism Identification Method is a comparative, analytical methodology that consolidates statistical findings, immigration and risk trends, policy and program outcomes and socio-economic drivers to identify and analyze varying outcomes for racialized populations. This produces comparative case studies and recommendations to better improve program outcomes for Black populations. A case study of the Nigerian caseload was completed in October 2022. Application to additional caseloads was to be completed in Summer 2023. An Action Plan for recommendations on facilitative pathways and risk-informed, data driven application triaging was developed in parallel with consultations in Fall 2023.

Agriculture and Agri-Food Canada – Local Food Infrastructure Fund

Recognizing the disproportionate barriers to achieving food security Black communities face, Budget 2024 proposes to provide $62.9 million over three years, starting in 2024-25, to renew and expand the Local Food Infrastructure Fund to support community organizations across Canada to invest in local food infrastructure, with priority to be given to Indigenous and Black communities, as well as other marginalized groups.

Pillar 2: policing

The Government of Canada has announced initiatives and made investments in recent years to combat systemic racism in policing, increase representation, police accountability and civilian oversight, and fill in data gaps on encounters with police. Key investments and initiatives include:

i) Black-specific initiatives

Royal Canadian Mounted Police – African Canadian Experience Workshop

This workshop was initially developed by Black RCMP officers for RCMP employees in Nova Scotia after a report recommended more education to help officers better serve diverse communities. The course aims to raise awareness about diversity in the workplace, equip employees with the knowledge and skills to support an environment that's inclusive, diverse and free of discrimination, and promote an understanding of the obstacles faced by Black Canadians.

ii) Broader initiatives that support Black communities and other communities

Public Safety Canada – Government Response to the Mass Casualty Commission Final Report

The Government Response to the Mass Casualty Commission Final Report, which included 130 recommendations to all orders of government and civil society in the areas of policing, community safety and violence prevention, included new investments to support the RCMP’s Management Advisory Board, and the RCMP’s new Reform, Accountability and Culture sector, among others. The new sector will examine and implement recommendations from the Final Report and other reports to support fundamental culture shifts across the RCMP. The Response also includes a commitment from the Government of Canada to continue providing national leadership and coordination to address MCC recommendations, including alignment, where appropriate, with the findings of other similar reports and inquiries. Progress will be monitored and reported on publicly through the independent Progress Monitoring Committee, established by the Governments of Canada and Nova Scotia, to ensure accountability and transparency.

Public Safety Canada – Response to House of Commons Standing Committee on Public Safety and National Security report on Systemic Racism in Policing in Canada

Public Safety Canada tabled a response to the Standing Committeeon Public Safety and National Securityreporton Systemic Racism in Policing in Canada on May 31, 2022. Public Safety expressed support for most of the recommendations in the report and committed to taking steps to implement them. The proposed creation, in Bill C-20, of the Public Complaints and Review Commission was noted as a recent initiative in response to some of the issues raised in the report.

Public Safety Canada – Response to the House of Commons Standing Committee on Public Safety and National Security report on Gun and Gang Violence in Canada

Public Safety Canada tabled a response to the Standing Committee on Public Safety and National Security report, A Path Forward: Reducing Gun and Gang Violence in Canada, on September 15, 2022. The Response agreed in principle with the majority of the recommendations and highlighted actions taken to implement the recommendations such as gun and gang prevention, diversion, and exit programming for populations facing systemic barriers, including youth, young adults, Indigenous peoples, and racialized communities.

Public Safety Canada – Civilian Review and Complaints Commission for the RCMP

The Civilian Review and Complaints Commission for the RCMP is an independent agency. Created by Parliament in 1988, the Commission ensures that public complaints made about the conduct of RCMP members are examined fairly and impartially. The Commission receives complaints from the public and conducts reviews when complainants are not satisfied with the RCMP’s handling of their complaints. The Commission is not part of the RCMP.

Royal Canadian Mounted Police – Response to the Wortley Report

The Civilian Review and Complaints Commission for the RCMP released the Review of the RCMP’s Policies and Procedures regarding Street Checks in 2021 with several recommendations on the RCMP’s policies and procedures regarding street checks. Since the release of the report, RCMP has been undergoing consultations with respect to modifications to the national street check policy. More recently, Nova Scotia’s RCMP released a three-year action plan to build trust and positive relationships with, and to demonstrate accountability to, the Black community in Nova Scotia and continue to address systemic racism within the RCMP. On September 7, 2024, Nova Scotia RCMP issued a formal apology to African Nova Scotians and all people of African descent for the historic use of street checks and other harmful interactions in Nova Scotia.

Street Checks, sometimes called “carding”, are instances where police stop and question individuals without a good reason or any evidence that they have committed a crime which is often an example of racial profiling.

Royal Canadian Mounted Police – Race-Based Data Collection Initiative

The Race-Based Data Collection Initiative aims to collect, analyze and report race-based data to better understand the experiences of Indigenous, Black and other racialized individuals and communities in their interactions with RCMP frontline officers. The collection of race-based data will help RCMP understand police-public interactions related to use of force, wellness checks, and arrests, and provide evidence-based information to help improve how the RCMP provides services to diverse communities. The Race-Based Data Collection (RBDC) pilot began in January 2024 in Whitehorse, Yukon (M Division); Wood Buffalo (Fort McMurray), Alberta (K Division); and Thompson, Manitoba (D Division). Since January 2024, the pilot has expanded to Burnaby, British Columbia (E Division) and plans are underway for RBDC in Nova Scotia (H Division). Piloting the Race-Based Data Collection Initiative will provide an opportunity for the RCMP to test processes and make improvements and adjustments before a national rollout.

Royal Canadian Mounted Police – Diverse and Inclusive Pre-Cadet Experience

The Diverse and Inclusive Pre-Cadet Experience (DICE) is a new RCMP recruitment and retention initiative focused on removing barriers that impact Black and other racialized groups who aspire to join the RCMP. The program accelerates the recruitment of Black and other racialized cadets to build a more representative RCMP. Candidates who complete the training experience will receive ongoing support and guidance from the DICE team as they go through the RCMP's police officer application process. By completing the DICE training, candidates will have completed some of the steps of the police officer application process, and their applicant files will reflect the completion of these steps.

Royal Canadian Mounted Police – Diversity and Retention and Employee Advancement Model

The Diversity and Retention and Employee Advancement Model (DREAM) is designed to aid in the retention and advancement of Indigenous, Black and other racialized cadets within the RCMP by providing mentorship, specialized training and assistance with career development and planning.

Royal Canadian Mounted Police – Training on Crisis Intervention and De-escalation

The RCMP has strengthened crisis intervention and de-escalation training for all its officers. Since 2016, an online training course on crisis intervention and de-escalation has been mandatory for all RCMP officers. This mandatory training helps police officers determine when and how to use crisis intervention and de-escalation techniques, and complements the training cadets receive at Depot, as well as other training offered in RCMP division and detachments. The purpose of the course if to ensure that RCMP officers will be able to use crisis intervention and de-escalation techniques, when tactically feasible, to effectively manage these situations, including incidents involving a person with a mental illness or a person in crisis. The course includes a module on some of the major mental illnesses and their observable behaviors, which can assist police officers in tailoring their approach to the person in crisis.

Since April 2021, crisis intervention and de-escalation training has been incorporated into annual Incident Management and Intervention Model recertification training. Scenarios involving crisis intervention and de-escalation training are also in place as part of regular, in-person, or mandatory operational training. The RCMP is also continuing to re-examine our current police intervention and de-escalation framework and move towards a refreshed model developed in consultation with Black, Indigenous, and racialized communities, as well as the provinces and territories.

Royal Canadian Mounted Police – Canadian Association of Chiefs of Police Use of Force Advisory Committee

The RCMP is continuing to work in partnership with the Canadian Association of Chiefs of Police Use of Force Advisory Committee and external academic partners to establish national minimum standards on the use of force and to conduct a review of de-escalation training (for example, identifying evidence-based best practices) across Canada.

Statistics Canada – Uniform Crime Reporting (UCR) Survey

Statistics Canada and the Canadian Association of Chiefs of Police are working collaboratively on the collection of Indigenous and racialized identity data of all accused and victims of criminal incidents through the Uniform Crime Reporting (UCR) Survey. This work responds to increasing demands for better disaggregated data that would speak to the disparate treatment and overrepresentation of Indigenous and racialized persons in the Canadian criminal justice system. A lack of national-level data has made it difficult to assess the extent of these issues accurately and to develop effective solutions (David & Mitchell, 2021; Millar & Owusu-Bempah, 2011; Samuels-Wortley, 2021; Truth and Reconciliation Commission of Canada, 2015; Wortley, 1999).

Although UCR Survey data are limited to criminal incidents, the collection of data on the Indigenous and racialized identity of all accused and victims of crime may prove critical in understanding and addressing disparities in the criminal justice system. As a first point of entry into the criminal justice system, UCR Survey data may also allow for further analyses of Indigenous and racialized groups' experiences with other aspects of the criminal justice system, through the linkage of policing, courts and corrections data

Pillar 3: courts and legislation

The Government of Canada has announced initiatives and made investments in recent years to address racism and systemic discrimination in the criminal justice system, improve legislation and court processes, increase representation and diversity, and fill in gaps in information on criminal court outcomes. Key investments and initiatives include:

i) Black-specific initiatives

Justice Canada – Impact of Race and Culture Assessments

The Government of Canada has invested $6.6 million over five years beginning in 2021-22, followed by $1.6 million annually on an ongoing basis for the implementation of Impact of Race and Culture Assessments (IRCAs) across Canada. IRCAs are pre-sentencing reports that help sentencing judges to better understand the effect of poverty, marginalization, racism, and social exclusion on the offender and their life experience. IRCAs explain the relationship between the offender’s lived experiences of racism and discrimination and how they inform the circumstances of the offender, the offence committed, and the offender’s experience with the justice system. Budget 2024 committed an additional $8 million over five years beginning in 2024-25 to allow for the expansion in IRCA implementation across Canada and to maintain current training projects for IRCA assessors and justice system professionals.

IRCAs inform sentencing judges of the disadvantages and systemic racism faced by Black and other racialized persons and may recommend alternatives to incarceration and/or culturally appropriate accountability measures within a sentence of incarceration. IRCAs have been used primarily for Black offenders, both adults and youth, at the sentencing stage of the criminal process.

The program is comprised of the following areas:

ii) Broader initiatives that support Black communities and other communities

Public Prosecution Service of Canada – New guideline – Alternative Measures: Public Prosecution Service of Canada Deskbook

The Public Prosecution Service of Canada recently updated Chapter 3.8 of its Deskbook on “Alternative Measures”. These changes seek to provide more flexibility to respond to legal and social changes, as this flexibility is in the public interest to address the overrepresentation of Indigenous, Black, racialized and marginalized groups in the criminal justice system. As a result of these updates, alternative measures may be used for offences if their use is consistent with the protection of society and maintaining confidence in the administration of justice. Prosecutors must also take steps to address the over-representation of certain groups in the criminal justice system by remaining diligent to recognize their own biases so that they may be set aside and take into account the background and systemic circumstances of the individual accused in the assessment of whether alternative measures are appropriate.

Justice Canada – former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts to make consequential amendments to other Acts

On March 29, 2018, the Government introduced former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts. Bill C-75 received Royal Assent on June 21, 2019. The former Bill:

Justice Canada – former Bill C-5, An act to amend the Criminal Code and the Controlled Drugs and Substances Act

Former Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (Bill C-5) came into force on November 17, 2022. The former Bill repealed mandatory minimum penalties for all offences in the Controlled Drugs and Substances Act, and for certain Criminal Code offences that have been found to contribute to the overrepresentation of Indigenous peoples, Black people, and members of marginalized communities in custody. It has also increased the availability of conditional sentence orders, allowing judges to impose sentences that are proportionate to the seriousness of the offence and the degree of responsibility of the offender. Finally, it allows for greater use of early diversion in cases involving the simple possession of controlled substances, and provides that convictions for simple possession must be kept separate and apart from other records of conviction after a certain period.

Justice Canada – former Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews) (Miscarriage of Justice Review Commission)

Former Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation received Royal Assent on December 17, 2024. The former Bill C-40 replaced the existing ministerial review process for miscarriages of justice under Part XXI.1 of the Criminal Code with a new, independent body with a mandate to review applications brought before it for reviews of findings and verdicts on the grounds of miscarriage of justice. In establishing an independent commission dedicated exclusively to miscarriage of justice reviews, the former Bill C-40 seeks to improve access to justice by making it easier and faster for potentially wrongfully convicted people to have their applications reviewed. The commission will remove barriers to access for potential applicants, including Indigenous peoples, Black persons, and members of marginalized communities. The commission will be statutorily empowered to undertake general public legal education and outreach to potential applicants, and would have funding to provide various supports for applicants in need. Addressing miscarriages of justice more quickly will help to mitigate the devastating impact they have on the convicted person, their family, victims and the justice system as a whole.

The new Miscarriage of Justice Review Commission will be composed of a full-time Chief Commissioner and 4 to 8 other full-time or part-time commissioners. Former Bill C-40 will require the Minister of Justice, in making recommendations for commissioner appointments, to seek to reflect the diversity of Canadian society and to take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including Indigenous peoples and Black persons.

Former Bill C-40 will require the Commission to deal with review applications as expeditiously as possible and provide the applicant with an update concerning the status of their application on a regular basis. The Commission’s review process will include determining the admissibility of the application, conducting investigations in relation to miscarriage of justice applications and deciding whether to grant a remedy. The Commission will be authorized to direct a new trial or hearing or to refer a matter to the court of appeal if it has reasonable grounds to conclude that a miscarriage of justice may have occurred and considers that it is in the interests of justice to do so. In reaching decisions, the commission will take into account, among other factors, the distinct challenges that applicants who belong to certain populations face in obtaining a remedy for a miscarriage of justice, with particular attention to the circumstances of Indigenous or Black applicants.

Justice Canada – State of the Criminal Justice System Framework

The Department of Justice Canada created the first performance monitoring framework for Canada’s criminal justice system in 2019. The State of the Criminal Justice System Framework (Framework) identifies Canada’s goals for the criminal justice system (expected outcomes), measured by key national indicators. The Framework was built through extensive research, in consultation and collaboration with criminal justice system partners, stakeholders, experts and other Canadians.

The Framework is part of the Government of Canada’s commitment to reviewing the criminal justice system and to identifying and addressing data gaps that hinder evidence-based decision-making. The Framework is presented through the State of the Criminal Justice System Report and online Dashboard, in order to:

Justice Canada – Diversity on the Bench

In 2016, the federal government made significant changes to the superior courts judicial appointments process, including several changes related to judicial diversity and to diversity on Judicial Advisory Committees (JACs). The 2016 reforms included the following changes:

Canadian Heritage – Court Challenges Program

The Court Challenges Program provides financial support to individuals and groups in Canada to bring forward test cases of national significance related to certain constitutional and quasi-constitutional official language and human rights before the courts.

Justice Canada – Law Commission of Canada

The Law Commission of Canada is an independent body that provides non-partisan advice to the federal government on matters relating to the improvement, modernization and reform of Canadian laws. First established as the Law Reform Commission of Canada in 1971 and re-established as the Law Commission of Canada in 1997, the Commission was operational again as of June 6, 2023. The Commission supports the Government of Canada’s efforts toward a more inclusive, representative and accessible justice system – one that respects the rights of marginalized people and protects vulnerable communities. The work of the Commission will focus on ensuring a legal system that meets the changing needs of Canadian society. The Commission may focus on complex challenges such as systemic racism in the justice system, legal issues around climate change, reconciliation with Indigenous peoples, and rapid technological shifts in the world.

Pillar 4: corrections

The Government of Canada has announced initiatives and made investments in recent years to address anti-Black racism and systemic discrimination, and support and improve outcomes for Black people incarcerated in federal institutions. Key investments and initiatives include:

i) Black-specific initiatives

Correctional Service Canada – Black Social History

The Black Social History pilot was started in 2016 by a group of Black CSC employees in the Central Ontario District to help identify risk factors, reintegration challenges, and ways to support Black offenders. The pilot was expanded across the Ontario Region in 2022, and CSC is exploring implementation in other regions. Currently, the Black Social History pilot is for Black male offenders only. It will be adapted and rolled out for women in 2024 to 2025.

ii) Broader initiatives that support Black communities and other communities

Correctional Service Canada – Anti-Racism Framework and Actions

CSC’s Anti-Racism Framework and Actions aims to combat systemic racism and discrimination, and the overrepresentation of Black, racialized Canadians, and Indigenous Peoples in the criminal justice system.

CSC is working to ensure that its practices, policies and initiatives address the root causes of inequities to best support Black people, Indigenous peoples and all members of racialized communities. CSC has developed an Anti-Racism Framework as an evergreen document to initiate conversations internally and externally about its anti-racism actions as an organization across three pillars: workforce, offenders and stakeholders. The goal of this framework is to create an anti-racist organization that is more inclusive, diverse, equitable, and free of racism. Since 2010, CSC has benefited from a robust National Employment Equity and Diversity Committee (EEDC) that initiates and promotes events across the country to advance diversity. Regional and local committees are also in place to implement initiatives to promote and strengthen diversity at CSC. In 2018, CSC received an Award of Excellence from the Canadian Race Relations Foundation for the work done by the EEDC.

Correctional Service Canada – National Ethnocultural Advisory Committee

For more than 20 years, CSC has benefitted from the commitment and wisdom of various groups, including its National Indigenous Advisory Committee, National Ethnocultural Advisory Committee, and Citizen Advisory Committees. The work of these diverse committees, including their ongoing advice, is key to supporting offenders in our care and custody, and preparing them for a safe and successful release back into our communities. The National Ethnocultural Advisory Committee has provided advice on improvements related specifically to Black offenders for many years.

Pillar 5: parole, re-entry, and reintegration

The Government of Canada has announced initiatives and made investments in recent years to help Black people access parole and reintegrate back into society. Key investments and initiatives include:

i) Black-specific initiatives

Parole Board of Canada – Culturally-Responsive Conditional Release Hearings

Cultural Advisors from Black communities across Canada provide Board members with information to assist in understanding systemic or background factors that may have contributed to the individual’s involvement in the criminal justice system. Culturally responsive hearings can increase confidence in the conditional release process for Black parole candidates and take steps toward address systemic inequalities that contribute to the overrepresentation of Black individuals in the criminal justice system.

ii) Broader initiatives that support Black communities and other communities

Public Safety Canada – Federal Framework to Reduce Recidivism

The Federal Framework to Reduce Recidivism identifies crucial factors that impact why people reoffend and how to support safe and successful reintegration into the community. The goal is to increase public safety by reducing recidivism, preventing victimization, addressing the overrepresentation of Indigenous People, Black Canadians, and other marginalized groups in Canada’s criminal justice system, and ultimately, create safer communities. The Framework outlines five priority themes key to the successful reintegration of offenders, which include: housing, education, employment, health and positive support networks.

The implementation plan for the Framework was published in November 2023. The implementation plan sets out actions that will take place until the first report back to Parliament in 2025. Initial steps under the implementation plan look inward to federal programs and processes, primarily within the Public Safety portfolio, to make changes where necessary and to improve effectiveness and efficiency. Early focus under the implementation plan includes culturally relevant supports to help address overrepresentation of Indigenous peoples and Black Canadians in the criminal justice system; as well as actions targeted toward communities, and digital transformation.

Public Safety Canada – Automated Sequestering of Criminal Records

The Government of Canada is committed to advancing reforms to the record suspension program, including by making record suspensions more accessible for individuals with criminal records who have served their sentences and are living law-abiding lives, particularly those from marginalized and racialized communities, in order to address systemic barriers, promote reintegration and ensure the system is fair and proportionate. As part of the former Bill C-5, the Government committed to further exploring the possibility of automated sequestering of some criminal records for less serious offences for those living crime-free. An Automated Sequestering of Criminal Records is a program by which a criminal record would be kept separate and apart from other criminal records, without an application by the former offender, after they have completed their sentence and certain additional conditions are met, as required by legislation. An engagement process was held on the possible Canadian parameters for such a system between April 21st and June 21st, 2022, and a report was released in August 2022.