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168 Terms
What is race?
Race is a social construct, rather than something innate or biological.
How was race culturally invented, and for what purpose?
It was culturally invented, namely by colonists, to support the denigration and enslavement practices they were undertaking.
Although slavery has been legally abolished, how does race continue to function?
Race continues to be promoted as a social and political marker of difference between human beings.
What is racialization?
The process by which groups of people come to be socially constructed as races, based on characteristics such as skin-colour, ethnicity, language, economics, religion, culture, politics, etc.
In broad terms, what is racism?
Racism is the belief that one racialized group is superior to another racialized group, specifically because of their race.
How can racism be held by individuals or groups?
Racism can be a set of beliefs that can be held consciously or unconsciously by individuals or groups of individuals.
How can racism operate at a systemic level?
It can also operate through complex processes and structures (political, economic, judicial, etc.) to create a systemic-level of disadvantage that is linked to race.
What is the difference between race, racialization, and racism?
Race is a social construct; racialization is the process through which groups are socially constructed as races; racism is the belief that one racialized group is superior to another because of race and can also operate through systems and structures to create racial disadvantage.
What role did Chinese Canadians play in the 1880s, and what happened to them?
Chinese Canadians were labourers who helped build railways.
What did the Chinese Immigration Act of 1885 impose?
A $50 “head tax”; it increased to $500 in 1903.
What happened to Chinese Canadians' voting rights in British Columbia in 1872?
Their right to vote was taken away in the BC municipal elections.
What happened to Japanese Canadians during World War II?
23,000 Japanese Canadians were sent to internment camps during WW2 and not released until 1947.
What happened to South Asian migrants arriving from India in 1914?
A ship of 400 would-be immigrants from India was held in Vancouver harbour for 3 months before being turned away.
What happened in Fred Christie's case in 1939?
The Supreme Court rejected a lawsuit concerning the humiliation faced by Fred Christie, a Black man who was refused service in a Montreal Tavern.
How did the Supreme Court respond to Fred Christie's lawsuit?
The court refused to comment on racism and said the freedom of commerce enabled the Tavern to deal with the public in whatever way they so choose.
What was Ontario’s Racial Discrimination Act?
Ontario’s Racial Discrimination Act of 1944.
What was the Saskatchewan Bill of Rights?
The Saskatchewan Bill of Rights of 1947.
What was the Federal Bill of Rights?
The Federal Bill of Rights of 1960.
What was the Canadian Human Rights Act?
The Canadian Human Rights Act of 1977.
What was the Canadian Charter?
The Canadian Charter of 1982.
How is racial discrimination described in Andrews v. Law Society of British Columbia [1989]?
Racial discrimination “may be described as any distinction, conduct or action, whether intentional or not, but based on a person’s race, which has the effect of imposing burdens on an individual or group, not imposed upon others or which withholds or limits access to benefits available to other members of society”.
Does racial discrimination have to be intentional?
No. Under the definition in Andrews v. Law Society of British Columbia [1989], racial discrimination can involve a distinction, conduct or action “whether intentional or not,” provided it is based on a person’s race and has the described discriminatory effect.
How are Black people represented in federal corrections compared with their share of the Canadian population?
Black prisoners represent 9.2 per cent of the total incarcerated population despite representing only about 3.5 per cent of the overall Canadian population.
Which group makes up more than a third of Black prisoners in federal corrections?
Young Black men aged 18 to 30.
How are Black adults represented in Alberta's adult population compared with admissions to custody and community services?
Black adults made up approximately 4% of the adult population in Alberta, whereas they accounted for 5% of admissions to custody and 4% of admissions to community services in that province.
How were Black men represented in Alberta's correctional admissions?
Black men accounted for 6% of male admissions to custody and 5% of community services.
How were Black women represented in Alberta's correctional admissions?
Black women accounted for 1% of female admissions to custody and 2% of community services.
How were Black youth represented in correctional services in Nova Scotia, Alberta and British Columbia?
While representing almost 4% of the combined youth population in Nova Scotia, Alberta and British Columbia, Black youth accounted for approximately 10% of youth admissions to correctional services (custody and community) in these reporting jurisdictions.
What does over-representation in corrections mean?
A group accounts for a greater proportion of correctional admissions or the incarcerated population than its proportion of the relevant overall population. In these notes, Black people and Black youth are over-represented in several correctional measures.
What are the four stages or areas in which racial disparities are identified in the criminal justice process?
- Racial disparities in police stop and searches; 2. Disparities in arrest rates; 3. Disparities in police use of force, serious injuries and death; 4. Courts.
How did street checks differ for Black and White people in Toronto between 2008 and 2013?
Black people in Toronto were 3.25 times more likely to experience a street check than White people.
What did Toronto's out-of-sight driving charge data show between 2013 and 2017?
Black people were involved in 35.2% of “out-of-sight” driving charges—charges that arise only after a stop has taken place—suggesting other motives for stop.
What do “out-of-sight” driving charges refer to?
Charges that arise only after a stop has taken place.
What percentages of SIU investigations and police use-of-force cases involved the disparities listed in the notes?
25.4% of SIU investigations; 28.8% of police use-of-force cases.
What percentages of police shootings and police use-of-force cases resulting in civilian death are listed in the notes?
36% of police shootings; 61.5% of police use-of-force cases that resulted in a civilian death; 70% of police shootings that resulted in a civilian death.
What disparity involving pre-trial detention is identified in Ontario courts?
Recent data shows that Black accused in Ontario are detained longer before trial than White accused.
What was R v Anderson [2021] about?
A case involving a Black Nova Scotian man who was charged in relation to a non-violent weapons offence stemming from a random motor vehicle checkpoint stop and search.
What did the Court of Appeal uphold in R v Anderson [2021]?
The importance of Impact of Race and Culture Assessments (IRCA) in crafting a sentence fit for the offender.
According to R v Anderson [2021], what would ignoring systemic and background factors amount to?
To ignore or fail to inquire about systemic and background factors would amount to error of law.
What are Impact of Race and Culture Assessments (IRCA) relevant to in sentencing?
They help inform the crafting of a sentence fit for the offender by considering relevant systemic and background factors.
What offences was the defendant found guilty of in R v Morris [2021]?
Gun-related offences including the possession of a loaded handgun.
What did the Ontario Court of Appeal acknowledge in R v Morris [2021]?
The existence and effects of anti-Black racism in society and the criminal justice system.
How should anti-Black racism be considered in the sentencing process according to R v Morris [2021]?
It should be considered in the sentencing process—particularly as pertains to the defendant’s moral blameworthiness.
What did R v Morris [2021] hold about judicial notice of anti-Black racism?
Judges must take judicial notice of anti-Black racism.
What evidence are Black individuals not required to provide according to R v Morris [2021]?
Black individuals are not required to provide expert reports about the existence of anti-Black racism and its impact on them, nor demonstrate a causal link between systemic racism and the relevant offence.
Between 2009 and 2014, how many reported prostitution-related offences were recorded by police?
Between 2009 and 2014, there were 16,879 reported prostitution-related offences by police.
Despite the high rate of stigma and violence associated with the profession, what remains the main source of income for many women?
Despite the high rate of stigma and violence associated with the profession, sex work remains the main source of income for many women.
What are the most common violent offences against sex workers?
The most common violent offences against sex workers are sexual assault, trafficking in persons, and common assault.
How many murder cases involving sex workers as victims occurred between 1991 and 2014?
There were 294 murder cases involving sex workers as victims between the years of 1991 and 2014.
What percentage of murders involving sex workers between 1991 and 2014 remain unsolved?
Of these murders, 34% remain unsolved.
What proportion of victims of known ethnicity in these murder cases were Indigenous?
Nearly a quarter of victims of known ethnicity were Indigenous.
Which group accounts for the majority of sex workers in Canada, according to the lecture notes?
Indigenous women account for the majority of sex workers in Canada.
What proportion of Canada's total population is Indigenous women, compared with their proportion of street-based sex workers?
Indigenous women only account for around 3% of the total Canadian population, but account for over 50% of street-based sex workers in Canada.
How do rates of sexual assault and spousal violence compare between Indigenous and non-Indigenous women?
Rates of sexual assault and spousal violence are three times higher for Indigenous than rates for non-Indigenous women.
How do rates of physical and sexual violence against Indigenous girls under fifteen compare with Indigenous boys?
Indigenous girls under fifteen years old further face a higher rate of physical and sexual violence compared to Indigenous boys, a rate of 14% and 5%, respectively.
What are the rates of homicides of Indigenous women and Indigenous sex workers, respectively, according to the notes?
The rate of homicides of Indigenous women is 16%, compared to 34% for Indigenous sex workers.
What large, lasting impacts have affected Indigenous communities?
Colonization and capitalism have large, lasting impacts on Indigenous communities.
What has happened to rates of violence, abuse, and suicide in response to the impacts described in the notes?
Rates of violence, abuse, and suicide have increased as a response to this.
How may sex workers enter the trade?
Sex workers can either willingly enter the trade, or be coerced into the profession.
What distinction should be made about involvement in sex work?
Sex workers can either willingly enter the trade, or be coerced into the profession. This distinguishes voluntary involvement from coerced involvement.
What happened in Vancouver’s Downtown East Side in 1980, according to the R. v. Pickton timeline?
Women began to go missing from Vancouver’s Downtown East Side.
What event is listed in the R. v. Pickton timeline for 1984?
Murder of Lisa Grant.
What happened in 1989 in the R. v. Pickton timeline?
Families began advocating for missing women and police action.
What happened in 2001 in the R. v. Pickton timeline?
A police task force was assembled to investigate the cases of missing women.
What happened in 2002 in the R. v. Pickton timeline?
Search of Pickton's residence and subsequent arrest.
What was Pickton charged with and convicted of in 2007?
Pickton was charged with 27 counts of first-degree murder, and convicted of 6 counts of second-degree murder.
What did B.C. Crown confirm in 2010 about the remaining charges against Pickton?
B.C. Crown confirms that Pickton will not be prosecuted on the remaining 20 charges of first-degree murder.
Who was Cindy Gladue, and where and when was she murdered?
Cindy Gladue, a Cree sex worker, was murdered in Edmonton, Alberta in 2011.
How many different stories did Barton provide to police regarding Gladue’s death?
Barton provided three different stories to police regarding Gladue’s death.
What was Barton charged with in relation to Gladue’s death, and what was the outcome?
Barton was charged with first-degree murder, for which he was later acquitted.
What happened to Gladue’s remains during the 2019 trial?
During the 2019 trial, Gladue’s remains were displayed for the court as evidence.
What happened after two years of advocacy by Indigenous women’s organizations?
After two years of advocacy by Indigenous women’s organizations, Barton was re-trialed for unlawful act manslaughter and received a sentence of 12.5 years.
What do the cases of R. v. Pickton and R. v. Barton highlight?
These cases highlight a lack of concern for Indigenous sex workers throughout various levels of the Canadian criminal justice system.
Instead of punishing women for their choice to willingly enter sex work, or their forced involvement in sex work, what should the Canadian criminal justice system do?
Instead of punishing women for their choice to willingly enter sex work, or their forced involvement in sex work, the Canadian criminal justice system should be providing the adequate support on behalf of the police, judges, and lawyers involved in cases concerning Indigenous sex workers.
Which professionals should provide adequate support in cases concerning Indigenous sex workers?
The police, judges, and lawyers involved in cases concerning Indigenous sex workers.
What two circumstances of involvement in sex work does the discussion recognize?
Women may willingly enter sex work, or their involvement in sex work may be forced.
Who enacted Bill C-36, and when?
Bill C-36 was enacted by Steven Harper’s conservative government in 2014.
What approach does Bill C-36 follow?
Bill C-36 follows an abolitionist approach.
How does Bill C-36 view sex work?
Bill C-36 follows an abolitionist approach, viewing sex work as largely exploitive in nature, subjecting those who engage in the act to physical and psychological harm.
What does Bill C-36 criminalize, according to the notes?
The Bill criminalizes all aspects of sex work.
What statement does Bill C-36 make about avoiding prostitution’s harms?
The Bill states, “the best way to avoid prostitution’s harms is to bring an end to its practice”.
What is the abolitionist approach described in the Bill C-36 notes?
It views sex work as largely exploitive in nature and seeks to bring an end to its practice, on the basis that this is the best way to avoid prostitution’s harms.
How many calls for justice were included in the 2019 National Inquiry into MMIWG?
There were 231 calls for justice in the 2019 National Inquiry into MMIWG, many of which have yet to be addressed.
What does the MMIWG report outline?
The MMIWG report outlines the impact of colonization, intergenerational trauma, marginalization and a disregard for the voices of Indigenous women and girls.
What does the MMIWG report call for regarding resources for people within the sex industry?
The report calls for increased funding for resources available to those within the sex industry.
What is intergenerational trauma in the context of the MMIWG report?
Trauma whose effects can be experienced across generations; the report discusses it alongside colonization, marginalization and a disregard for the voices of Indigenous women and girls.
How does current sex work legislation affect women coming forward about sex work-related violence?
Current sex work legislation makes it difficult for women to come forward about their sex work-related violence.
What shift is necessary regarding the harms associated with sex work?
A shift away from normalization of the harms associated with sex work is necessary.
What understanding is necessary to move forward?
An understanding of Canada’s oppression and silencing of Indigenous people is necessary to move forward.
What are the three recommendations in the notes?
- Current sex work legislation makes it difficult for women to come forward about their sex work-related violence. 2. A shift away from normalization of the harms associated with sex work is necessary. 3. An understanding of Canada’s oppression and silencing of Indigenous people is necessary to move forward.