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at all levels of the Canadian justice system. , 9% of offenders in custody were Black in 2020–2021, despite only representing about 4% of Canada's population.

As community activists, we delve into the pressing issue of and how the implementation of can reduce the . This is significant as it goes beyond a .

Anti-Black racism within institutions

Anti-Black racism is not unique to the criminal system. According to the 2019 General Social Survey, 46% of Black people aged 15 and older . That is compared to 16% of non-racialized people.

The intersection of anti-Black racism, , and all play a role in perpetuating the problem.

Black youth continue to be . contribute to the perpetuation of the which funnels Black youth into the criminal justice system.

The need for IRCAs

The 1999 landmark Supreme Court of Canada case, , established that as part of sentencing Indigenous offenders, the judge must consider:

• The unique systemic or background factors which may have played a part in bringing the particular Indigenous offender before the courts; and
• The types of sentencing procedures and sanctions which may be appropriate given the circumstances for the offender because of their particular Indigenous heritage.

The emerged from the case acknowledging the need to consider the unique circumstances of Indigenous individuals as part of equitable sentencing. It highlighted how historical injustices, systemic discrimination and cultural factors play a significant role in shaping the lives of Indigenous offenders.

Currently, IRCAs can be used for Black offenders facing jail time of two years or more or a youth facing a custodial sentence. By recognizing , . IRCAs provide context for the disadvantages and systemic racism faced by Black offenders and offers recommendations for alternatives to incarceration.

However, IRCAs are inconsistently implemented across provinces and used occasionally in and . IRCAs must be done by clinical social workers to provide judges and parole boards with a more complete picture of an individual's personal background, specifically their past traumas and impact of such experiences in engaging in criminality.

In 2021, the federal government . By acknowledging historical and systemic biases and tailoring interventions to individual identities and life experiences, IRCAs have the potential to transform the criminal justice system.

Support from community organizations

The Gladue process must be adapted to provide IRCAs more comprehensively for Black offenders. This would promote equitable justice .

The involvement of is crucial in guiding the implementation of IRCAs. hold a wealth of knowledge and lived experiences that are indispensable in crafting effective IRCAs. Their leadership can ensure that the process is respectful, culturally reflective, and responsive to the unique challenges faced by Black individuals within the justice system.

For example, the (YAAACE) is a Black-led non-profit organization housed in Toronto's Jane and Finch community that is advocating for the implementation of IRCAs and exploring alternatives to custody in community settings. A co-author of this story, Ardavan Eizadirad, is the executive director of YAAACE.

Such community organizations can serve as . This is critical to shift away from a narrative that blames racialized communities for violence to one that works collaboratively with them .

showing that in promoting .

Co-author is a Black social worker and psychotherapist with over 25 years of experience. Unaddressed race-based traumas . Culturally reflective services that address traumas experienced by Black individuals and families, particularly due to gun violence, are vitally important. Trauma-focused therapy and Cognitive Behavior Therapy can provide compassionate support and acknowledge the unique cultural complexities of a person's experiences.

Investing in more equitable justice

To ensure effective implementation of IRCAs, some key investments are required:

Training and education: Legal professionals, judges, police officers, and correctional staff must undergo comprehensive training on cultural competence and learning about the historical context of systemic anti-Black racism in Canada.

Data collection and government support: Accurate and consistent data collection is crucial to measure the impact of IRCAs and address potential disparities in implementation. Collaboration between government agencies, academic institutions, and community organizations are necessary. All levels of government must provide adequate resources and funding to support implementation of IRCAs.

IRCAs hold the key to creating a more just and equitable Canadian justice system. By recognizing how racism and injustice impact people's lives, IRCAs can transform Canada's justice system through equitable sentencing, contributing to reduced recidivism, community healing, and overall safer communities.

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