By: Mackenzie Coleman, University of Alberta Law Student
On February 25, 2024, the Honourable Arif Virani, then-Minister of Justice and Attorney General of Canada, released Canada’s Black Justice Strategy’s Implementation Plan titled Toward Transformative Change: An Implementation Plan for Canada’s Black Justice Strategy.[1] The Plan, authored by Winnipeg lawyer Zilla Jones and University of Toronto professor Akwasi Owusu-Bempah, outlines a 10-year framework aimed at reducing the overrepresentation of Black people in Canada’s criminal justice system, including as victims of crime. The Plan forms a part of the federal government’s response to the external Steering Group’s report, A Roadmap for Transformative Change, which was released in June 2024.[2]
The Plan outlines a $23.6 million investment has been allocated to the justice department for release over 2025 and 2026.[3] The justice department is to use the investment in:
- Developing court worker/navigation services specifically for Black persons;
- Expanding the use of Impact of Race and Culture Assessment reports at decision points in the criminal justice system in addition to use in sentencing;
- Developing supports for Black victims and survivors of crime;
- Extending the External Steering Group to advise on implementing the Black Justice Strategy; and
- Developing diversion, conferencing, and bail supervision projects for Black youth.[4]
The Plan sets out 114 recommendations in total.[5] Most of the recommendations are categorized into five pillars: (1) social determinants of justice, (2) policing, (3) courts and legislation, (4) corrections, and (5) parole, re-entry and reintegration.[6] Pillar 3, courts and legislation, encompasses recommendations 43 to 85 and includes “legislative changes to the Criminal Code, Youth Criminal Justice Act, Controlled Drugs and Substances Act, and the Immigration and Refugee Protection Act, training in anti-Black racism, representation, access to justice, as well as additional diversion programing and a courtworker program”.[7]
Minister Virani stated that despite Canadian values of human rights and equality, “anti-Black racism and systemic discrimination exist in Canadian society. Canada’s first ever Black Justice Strategy is a significant first step towards transformative action, including addressing the underlying socioeconomic factors that contribute to inequality”.[8]
Canada’s Black Justice Strategy is in accordance with the Justice Pillar of the second International Decade for People of African Descent (2025 to 2034).[9] The pillar emphasizes the right to equality and non-discrimination while promoting access to justice. As well, the pillar focuses on addressing anti-Black racism and systemic discrimination in the criminal justice system.[10] The overarching “goal is to ensure that Canadians of African descent have equitable access to justice and are afforded equal protection under the law”.[11]
The Plan aligns with access to justice by addressing the systemic barriers that disproportionately affect Black Canadians within the justice system, including as victims of crime. The Plan aims to lower the overrepresentation of Black individuals within the criminal justice system by implementing policies to stop discriminatory policing, unfair sentencing, and racial profiling. Alongside this, the goal of the Plan is to improve access to culturally literate legal services to ensure fair representation and support of Black Canadians.[12] Alternatives to incarceration are promoted within the Plan, such as restorative justice initiatives, focusing on the application of the Principle of Restraint. The Plan is in line with access to justice initiatives by focusing on collaboration with Black communities. For example, the Plan was developed through consultation with Black Canadian legal experts to ensure that the lived realities of those in the justice system are reflected.[13] Connected to this, the Plan aims to increase awareness and education of those within the justice sector of these lived realities.[14]
According to Statistics Canada, Black Canadians are twice as likely to be accused of crime compared to their representation in the general population. The overrepresentation of Black Canadians in the justice system, including as victims of crime, is driven by a variety of factors rooted in anti-Black racism.[15] As well, these challenges are connected to Canada’s history of colonialism, slavery, and segregation. Disparities “in areas such as education, healthcare, and the criminal justice system persist” throughout Canada.[16] To address this issue “in a way that remains responsive to their realities and experiences, the Strategy deployed the deepest consultation across the country of Black Canadians with legal systems”.[17]
Canada’s Black Justice Strategy’s Implementation Plan aims to be a significant step towards addressing systemic anti-Black racism in Canada’s justice system. While some critics argue that the Report lacks sufficient scope and urgency, the Plan’s goal is to provide a foundation for a long-term systemic transformation of the justice system.
[1] Department of Justice Canada, “Release of Canada’s Black Justice Strategy’s Implementation Plan: an important step toward transformational change in the criminal justice system in Canada” (25 February 2025), online: <https://www.canada.ca/en/department-justice/news/2025/02/release-of-canadas-black-justice-strategys-implementation-plan-an-important-step-toward-transformational-change-in-the-criminal-justice-system-in-c.html>.
[2] Ibid.
[3] Jacqueline So, “Federal government collaborates with communities on inaugural Black Justice Strategy” (25 February 2025), online: <https://www.canadianlawyermag.com/news/general/federal-government-collaborates-with-communities-on-inaugural-black-justice-strategy/391438>.
[4] Ibid.
[5] Department of Justice Canada, “Toward Transformative Change: an Implementation Plan for Canada’s Black Justice Strategy”, 25 February 2025), online: < https://www.justice.gc.ca/eng/cj-jp/cbjs-scjn/ttc-ect/pdf/CS-24-175-Implementation_Plan-EN.pdf>.
[6] Ibid.
[7] Ibid.
[8] Supra, note 3.
[9] Supra, note 1.
[10] Ibid.
[11] African Canadian Civic Engagement Council, “Canada’s Black Justice Strategy”, online: < https://accec.ca/cbjs/>.
[12] Supra, note 5.
[13] Ibid.
[14] Ibid.
[15] Canadian Race Relations Foundation, “Toward Transformative Change: an Implementation Plan for Canada’s Black Justice Strategy” (26 February 2025), online: <https://crrf-fcrr.ca/2025/02/crrf-welcomes-release-of-canadas-black-justice-strategy/>.
[16] Supra, note 11.
[17] Ibid.