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| Hodine Williams |
Part one also looked at the progress that has been made. Some jurisdictions have taken steps to increase police accountability. And community advocacy, through organizations such as the Black Legal Action Centre (BLAC) and the Canadian Association of Black Lawyers (CABL), has been instrumental in pushing for reforms and providing legal support to Black Canadians.
However, the journey of anti-Black racism is not over yet. There are roadblocks in the way.
The roadblocks — why change is so hard
While these efforts are commendable, significant challenges remain. One major issue is the slow pace of change. Reforms like the repeal of mandatory minimum sentences and the collection of race-based data are steps in the right direction, but their implementation has been uneven. For example, many police services still lack clear guidelines on how to collect and use race-based data effectively.
Implicit bias within the judiciary and legal profession is another hurdle. Let us not forget that judges, lawyers, and law enforcement officers are human thus not immune to the biases that exist in society. Addressing this is no easy feat; it requires ongoing training and a commitment to diversity in judicial appointments and police hiring practices.
Culture — that is, resistance to change — is also a barrier. Efforts to address anti-Black racism often face pushback from those who deny its existence or view reforms as unnecessary. This resistance can stall progress and perpetuate inequality.
Finally, there’s the issue of trust. Many Black Canadians have lost faith in a legal system that has repeatedly failed them. Rebuilding that trust will require more than just policy changes — it will require a fundamental shift in how the justice system interacts with Black communities.
Addressing anti-Black racism in Canada’s legal system requires a multifaceted approach. What are the low-hanging fruit? We can start by increasing representation as more Black judges, lawyers and police officers can help ensure that the legal system reflects the communities it serves. Diversity in leadership positions is crucial for driving meaningful change.
We can better utilize data. Collecting and analyzing race-based data is essential for identifying disparities, measuring progress and holding institutions accountable. This data should be publicly available and used to inform policy decisions.
Independent oversight bodies, stricter use-of-force policies and mandatory anti-racism training can help address police misconduct and racial profiling. Body cameras and civilian oversight boards should be standard practice across the country.
We can also do more with programs and other initiatives. We need to connect and have frank conversations in order to appreciate the lived experiences and realities of each other. Programs that provide legal education, support and advocacy for Black Canadians can help address the root causes of inequality and ensure that Black voices are heard. Restorative justice programs and alternatives to incarceration should also be prioritized.
We can educate and raise awareness. Public education campaigns and mandatory training on anti-Black racism for legal professionals can help shift attitudes and reduce biases. This includes educating the public about the history and impact of anti-Black racism in Canada.
This isn’t just a problem for Black Canadians to solve; it’s a challenge for all of us. It’s about confronting uncomfortable truths and holding ourselves accountable. It’s about recognizing that the promise of equality under the law is still out of reach for far too many people.
Canada’s legal system has made strides in acknowledging and addressing anti-Black racism, but there is still much work to be done. The fight for justice and equality is not just a legal battle; it is a moral imperative. As Canadians, we must hold our institutions accountable and demand meaningful change.
The road ahead is long, but with continued effort and commitment, a more just and equitable legal system is within reach. Let’s not just talk about change —let’s make it happen.
We need to ask ourselves: what kind of country do we want to be? Do we want to be a nation that pays lip service to diversity while ignoring the systemic barriers that hold people back? Or do we want to be a nation that takes bold, meaningful action to address inequality and injustice?
The choice is ours. But let’s be clear: the status quo is not an option.
This is the final part two of a two-part series. Part one: Are we seriously tackling anti-Black racism?
Hodine Williams has over 20 years of experience in law, corporate governance and regulatory compliance across the legal, financial, hospitality and engineering sectors. A former prosecutor and expert in digital forensics, financial crimes and cyber law, he has advised corporations in Jamaica, Canada and the United Kingdom. Holding a master of laws in international business law from Osgoode Hall Law School, along with degrees in management and economics and law, Williams is also an educator, philanthropist and advocate for youth development and racialized communities. You can reach him at hodine.williams@gmail.com.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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