Force more likely to be used against Black and Indigenous people in federal prisons, ombudsman finds

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This article was published 09/02/2022 (953 days ago), so information in it may no longer be current.

Indigenous and Black people are more likely to be involved in use-of-force incidents in Canadian penitentiaries, the federal prison ombudsman said Thursday.

Correctional investigator Ivan Zinger’s annual report found that Black, Indigenous and people of colour were involved in 60 per cent of all use-of-force incidents, but represent just 44 per cent of federal inmates.

The findings were based on data collected from 2015 and 2020 from over 9,600 documented use-of-force incidents.

“This investigation points to racial bias in the application of use of force in federal corrections,” Zinger told a news conference Thursday.

He noted that identifying as Black or Indigenous resulted in a “greater likelihood of involvement in a use-of-force incident” regardless of other factors including risk level, age or gender.

White individuals represent 52 per cent of the federal inmate population, but were involved in about 42 per cent of use-of-force incidents, said Zinger’s report.

Examples of use of force include pepper spray, firearms, batons, physical handling and various forms of restraints.

Black and Indigenous people are already over-represented in the federal prison system.

It’s something the federal government is trying to tackle with Bill C-5. It would repeal some, but not all, mandatory minimum sentences that prevent judges from crafting penalties tailored to the circumstances of the offense and the offender.

Zinger said he supports the bill, “but I don’t think it’s a panacea.”

Correctional Service of Canada Commissioner Anne Kelly said in a statement that the agency will carry out a review of use of force incidents “involving diverse sub-populations,” including Indigenous and racialized individuals.

Zinger blasted the agency’s response as “defensive and inappropriate,” saying they should immediately be developing an action plan to tackle the issue rather than launch another review.

Public Safety Minister Marco Mendicino pointed out in a statement that his mandate letter from Prime Minister Justin Trudeau includes instructions to address systemic racism in the justice system.

“I think politically they are doing the right thing, the mandate letters suggest they should be addressing it,” Zinger said, “but corrections for some reason is not getting those marching orders and effecting changes in a prompt and appropriate manner.”

Sen. Kim Pate said external oversight tied with actual remedies is needed. A bill she’s introduced in the Senate, S-230, would potentially allow inmates to ask a court to have their sentences or parole ineligibility periods reduced if their living conditions are found to be unlawful, such as disproportionate use of force.

“Unless we have some other mechanism — I would recommend judicial oversight — we’re not likely to see any correcting of corrections,” she said.

Jacques Gallant is a Toronto-based reporter covering politics for the Star. Follow him on Twitter: @JacquesGallant