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Is Canada’s Justice System Really Colour-Blind?

blind justice

Why Some Defendants Are Being Treated Unfairly in Canada

As part of our warm and welcoming society, Canada has been consistently recognized for having one of the best legal systems in the world. Open governance, low corruption and high education mean criminal justice is usually well served and appropriate. 

However, there is more than meets the eye when it comes to impartiality in Canadian law. Despite being one of the most diverse and multicultural societies in the world, there have been numerous reports of unfair treatment, trials, and penalties against certain groups of people. In this post, we explore this phenomenon and explain who is most at risk of criminal injustice and potentially wrongful conviction. 

Fairness in Canadian Law

Fairness in Canadian justice system is backed by both national and international law. Ideally, all those involved in an offence (whether a victim, witness, or defendant) should be treated fairly and without any prejudice. Prejudice is defined as when somebody is stereotyped or mistreated based on circumstances outside of their control such as age, race, sexuality, or national origin.

As shown in Article 7 of the Universal Declaration of Human Rights, everyone is equal before the law and are ‘entitled to equal protection against any discrimination…’. The Canadian Human Rights Act expands on this further, stating:

“3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.”

Taking both international and national law into account, all Canadians ought to have the freedom and liberty to feel secure and fairly treated, regardless of their personal circumstances.

Does Canada Have a Racial Bias?

Although freedom and equality are enshrined in Canadian law, its observance is questionable.

Our nation is now home to people with origins from all over the world. Many Canadians are proud to belong to such a diverse society and the sense of unity regardless of gender, race or sexuality is what brings our country together. Nevertheless, Canada still faces challenges with equality that need to be addressed, especially when race or ethnicity are involved.

Indeed, discrimination based on race continues to appear across society. An example is job hunting. According to research conducted by Northwestern University, Harvard University and Sciences Po, non-white job applicants are much less likely to receive interviews or job call backs in Canada. Similar reports in healthcare and educational sectors highlight that non-white peopleare more likely to face marginalization than their white counterparts.

Racial Bias in Toronto & Ontario

Despite being one of North American’s multicultural capitals and the centre of Canadian immigration, both Ontario and its capital Toronto are no strangers to racial discrimination. Charity organization Amnesty International has examined how non-white people are treated in the justice system to show many discrepancies, particularly for black citizens and permanent residents. For example, black Canadians are more likely to be affected by the following:

  • Mistreatment while being detained or incarcerated 
  • Carding – where stop and question people presumably at random
  • Physical, mental, and verbal abuse from police officers
  • Higher death rates in police interactions

In Toronto, it was found that a black person was 20 times more likely to be fatally shot by Toronto police in an incident and black Canadians as a whole are also involved in over 60% of all ‘deadly encounters’. To put this into further context, only 8.8% of Toronto’s population consists of black people. If these individuals also belong to other minority groups (e.g Black Muslims, Black Aboriginal or Black LGBTQI2S) they are even more likely to face discrimination and mistreatment both from the public and the justice system. 

Fight for Your Right to Justice with a Criminal Defence Lawyer

Considering the high evidence against equality in Canada, it is understandable why many non-white Canadians feel threatened, singled out or alone in society. If you or a loved one close to you has been unfairly charged with an offence or has been mistreated, What The Law is here to fight for you. Our dedicated team of professional criminal defence lawyers have successfully defended many cases involving a range of criminal offences. We value cultural, linguistic, and social diversity in Canada and will support you no matter your social, ethnic, religious, or financial background. 

Remember, you don’t have to be alone in this fight, What The Law is here for you.

647-295-6499info@whatthelaw.com