Voices Matter: The Impact of Serious Legal Problems on 16- to 30-year-olds in the Black Community

Themes

Intersections between Immigration Status and Legal Issues

Participants described how their current or past immigration instability affect their understanding of serious legal problems. They spoke of the different experience of moving from a country where everyone has a similar skin colour, to Canada, where they were suddenly made aware of their own skin colour by the treatment they received.

“Right now, I have to think twice [about calling a lawyer] before I find myself at the airport.” - 27 year old

One participant spoke about repeatedly being assigned to English as a Second Language (ESL) in school because she wore a hijab.

“I would have to fight for my seat in class. Otherwise, they would put me in ESL class even though I didn’t need it. Because I wore a Hijab.” - 20 year old

As a recent immigrant, one participant found that only government-sponsored immigrants could get housing. Arriving in Canada alone, he was not able to work around the landlord requirements. One participant, an international student, spoke about an inability to get a financial credit rating in order to obtain stable housing. There was no government official to help him obtain the appropriate credit report required to rent or qualify for university residence. As a result, he slept on the floor of a family member’s home for a year, while attending university, before he was able to qualify for residence. After receiving advice from a settlement officer, one person who was discriminated against in the hiring process decided not to ask for legal help. He was not prepared to go to court and worried about the impact making a complaint would have on his immigration status. Some participants indicated that they did not pursue a formal complaint or report to or about the police because they feared the negative repercussions on their immigration status or professional licence.

Policing and Racial Profiling

Participants described being stopped by police, carded, pulled over for alleged traffic violations, pulled over or stopped because they looked similar to someone the police indicated they were looking for. Participants indicated that they were frequently stopped by police without a stated reason, and police then looked for a reason to continue contact. For example, the police would indicate that the participant’s evident fear was suspicious and sufficient grounds in itself for a search, or police would indicate that a discussion between occupants in the car in another language was a danger to police and therefore grounds for detaining the participant. One participant described an experience in which police made up a crime in order to pull him over, telling him that he matched the description of a hit and run suspect, only for the participant to find out later that there had been no hit and run.

“I read in the Human Rights Commission report that Black people are 20 times more likely to be shot by police in an interaction. We are paying taxes into a system that murders us. That is how I feel, personally. … Police are my last resort because I have seen and witnessed what happens when they intervene. I don’t feel protected by them. I feel unsafe. I feel I am moments away from it being my last interaction with anyone.” - 26 year old

Policing and Neighbourhood Profiling

A number of participants were treated as suspicious by police once police learned that they lived in a low-income or a predominantly Black neighbourhood. Sometimes police would ask them to justify why they were outside their neighbourhood.

Participants also spoke about a lack of police engagement in responding or following up on crime within their neighbourhood. They described cases of police not fully investigating domestic violence or allowing cases to go unsolved. One participant spoke about their experience of being a victim of a crime. Participants indicated that in predominantly Black or low-income neighbourhoods, they were more likely to attempt to resolve issues on their own, rather than involve the police.

“It is an understanding that nothing good comes out of interactions with police. You have to do your best to keep yourself safe…. The main goal with the police is to stay alive, that is the priority.” - 26 year old
“The policeman said to me ‘I hope you are not here doing what I think you are doing.’” - 27 year old
“I don’t have any violations or a record so when I get pulled over I know it is because of the colour of my skin.” - 27 year old
“I’m more likely not to call the police when I have an issue.” - 29 year old

Some participants who described serious legal issues with police (including being wrongly identified as a person of interest), sought an apology from the police officer or filed a formal complaint. One participant who made a complaint against the police described a lengthy process for giving his evidence and then a long delay before a decision was made. Most participants indicated that they had no expectation that filing a formal complaint with the police would be successful.

Childhood experiences

While the participants’ serious legal problems took place in the last three years, their experiences were directly informed by legal problems they experienced when they were younger. Participants described family and immigration issues as their first exposure to the formal justice system. They described the process as complex and intimidating, involving many offices and little support. They felt alone navigating the system, whether on behalf of their family or because they had arrived in Canada on their own.

The prevalence of legal problems in their childhood affected many participants’ experiences of more recent legal disputes. Living in social housing, participants said that repairs were never done, and described a constant battle to get the minimum standards met. Participants described living with their families in rental housing that was poorly maintained, where landlords refused to make basic repairs. One participant talked about having to move regularly during her life because of unstable housing. As a child and adolescent, she often advocated to the landlord, or watched her family struggle with poor housing. Participants’ experiences with landlords included constant confrontations, delays, and excuses. These experiences affect whether or not they take action on similar issues now. One participant explained that she does not trust social housing and is always ready for a confrontation about housing.

Participants also talked about the impact of family breakdown when their parents separated and its impact on their current relationships. Participants who were the oldest children described having responsibility for explaining what was happening to their younger siblings. One participant described having to assist his mother during her divorce, by acting as her representative at government offices at age 18. As family matters are considered private, he did not ask anyone for help. One participant had to help her mother get legal help and fill out forms.

Watching their parents try to resolve these matters taught participants to avoid the formal systems (courts) and legal supports (government offices and legal clinics).

“It gave me insight into how the courts worked. It is something to avoid at all costs.” – 27 year old