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The Importance and Need for Police Reform in Canada

Fizza Susan

York University

SOSC1350 Gender and the Law

Professor Totten

April 10, 2023

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The Importance and Need for Police Reform in Canada

In light of recent protests and strong public support to abolish and defund the police in

Canada, this paper argues that it is increasingly evident that policing is in need of dire and

comprehensive reform. In particular, this paper contends that despite a response from the

authorities that they recognize and are making corrective changes to issues regarding police

accountability and equitable policing, members of Indigenous and Black communities continue

to face systemic discrimination by those who are meant to protect them. In order to prove this,

this paper will use examples from the final report of the “National Inquiry into Missing and

Murdered Indigenous Women and Girls” (2019), to show how the colonial history of policing in

Canada has resulted in systemic racism that continues to remain within law enforcement

agencies. Additionally, this paper shows how the role of police is perceived negatively by

Indigenous and Black people. Lastly, using Samuels-Wortley’s article, "To Serve and Protect

Whom? Using Composite Counter-Storytelling to Explore Black and Indigenous Youth

Experiences and Perceptions of the Police in Canada" (2021), this paper identifies the ways in

which police practices have adversely and disproportionately impacted the lives of Black and

Indigenous individuals, and how police reform is necessary to address the pervasive racism and

prejudice they experience.

To begin understanding why police reform has become a growing area of concern for

Canada, it is important to revisit the history of policing. Although policing in Canada was

established to maintain public order, police forces were also purposefully created to control

Indigenous communities and repress dissent. In the National Inquiry into Missing and Murdered

Indigenous Women and Girls, specifically the section titled, “A System of Total Control:

Policing First Nations and Métis” this history is further explained. The North-West Mounted
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Police (NWMP) was established in 1873 as a means to assert dominance and control over

Indigenous peoples in Canada. Under the instruction of then Prime Minister Sir John A.

Macdonald, the NWMP was employed to “maintain order in these newly acquired lands -- and to

clear those still inhabited by Indigenous Peoples'' (National Inquiry into Missing and Murdered

indigenous Women and Girls [MMIWG], 2019). An example of just one of the many ways the

NWMP was used to police Indigenous people was the enforcement of the illegal pass system.

During this time, First Nations people would have to require and obtain a “pass” from either their

farm instructor or Indian agent if they wished to leave their reserves (MMIWG, 2019). This

system was implemented for a number of reasons, one being publicly justified as a necessary

measure to prevent Indigenous women from loitering due to perceived threats to public safety

(MMIWG, 2019). Harmful stereotypes were proclaimed by people in positions of power and

contributed to misconceptions about Indigenous people and the objectification of Indigenous

women and girls. For instance, John A. Mcdonald publicly expressed that “the depravity existing

among the Indian women … is greatly to be deplored. They repair, on arriving at years of

puberty to the white centres and enter into lives of prostitution” (MMIWG, 2019). These are

baseless claims, used to further perpetuate negative attitudes and discrimination against

Indigenous women.

Further, another section of the MMIWG report delves into the issue of "Criminalizing

and Incarcerating Indigenous Women." It elaborates on how the disproportionate number of

Indigenous women in Canadian prisons is closely linked to the historical process of colonization,

particularly through violence, poverty, and the fragmentation of family and community structures

(MMIWG, 2019). Statistics will show that despite comprising only 4% of the Canadian

population, Indigenous women specifically represent approximately 40% of the total federal
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prison population (MMIWG, 2019). This is evidence of an ongoing issue that remains today, as

instead of developing initiatives aimed at preventing Indigenous women from being incarcerated,

prison is used as a punitive measure and increases the disproportionate criminalization rate of

Indigenous peoples. By having the NWMP in place to police Indigenous people in the past, it

consequently rendered them a threat to society and European values. These are remaining

attitudes and values present in Canadian systems today. The enduring legacy of Canada's colonial

history has resulted in the persistence of systemic factors that have had adverse effects on the

lives of Indigenous and marginalized communities.

The mistreatment of Indigenous and Black peoples in Canada is linked through a shared

history of colonization, oppression, and systemic racism. Both groups have experienced

significant harm at the hands of the Canadian government and its institutions, including law

enforcement. It is, however, crucial to make a distinction between these two groups experiences

with the police, so as to avoid harmful generalizations. Indigenous and Bl

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ack communities have both experienced systemic discrimination and marginalization, but

their experiences are shaped by different historical contexts, as well as specific challenges and

barriers. However, for the purpose of this paper to target the reason for police reform, the article

titled, “Perceptions of and experiences with police and the justice system among the Black and

Indigenous populations in Canada” provides findings that bring attention towards their similar

experiences and understandings in relation to policing and justice, to better understand the

necessity for change and reform.

As per the data of the 2020 General Social Survey on Social Identity, the lack of

confidence in the police is reported by one in five Black (21%) and Indigenous (22%)

individuals, which is twice the proportion compared to those who do not identify as Indigenous

or a visible minority (11%) (Cotter, 2022). As a result, research indicates that police performance

is more likely to be evaluated negatively by Black and Indigenous individuals in comparison to

the general population, as they hold notably unfavorable perceptions and interactions regarding

the police's ability to treat people fairly and be approachable and communicative (Cotter, 2022).

The statistics mentioned here offer evidence of the various inequities and difficulties Black and

Indigenous communities experience in their dealings with the police. These figures indicate the

disparities between these communities and the overall population in terms of perceptions,

experiences, and outcomes, thus highlighting the existence and prevelance of systemic problems.
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An important note made in discussion of these statistics explains that, “the criminal justice

system is one where broader patterns of bias, racism, discrimination, or differential outcomes can

have a major impact on an individual’s freedom and ability to engage in society and can affect

their daily life” (Cotter, 2022). Similarly, in relation to policing, it can be seen that there is an

abundance of factual basis that supports advocating for changes in policy and practice. This is

significant, as it is necessary to bring awareness towards aswell as address the unique

experiences and challenges faced by Black and Indigenous individuals in their interactions with

the police.

To gain an insight upon the kinds of interactions Black and Indigenous individuals have

with the police, Kanika Samuels-Wortley’s article “To Serve and Protect Whom? Using

Composite Counter-Storytelling to Explore Black and Indigenous Youth Experiences and

Perceptions of the Police in Canada” argues that Black and Indigenous youth in Canada are

subject to policing practices that are discriminatory and biased (Samuels-Wortley, 2021).

Through the use of composite couter-storytelling, this article merges individual stories and

perspectives to examine the ways in which racism, discrimination, and stereotyping influence the

relationships and interactions between Black and Indigenous youth and the police. Through this

approach, she effectively reveals the ways in which police practices have negatively impacted

their lives by creating a atmosphere of mistrust, trauma, and fear. It is also important to note that

scholars have emphasized the significance of investigating how young people perceive law

enforcement, as existing research on perceptions of law enforcement has predominantly centered

on adult populations, despite evidence from several studies indicating that attitudes towards the

police are shaped during adolescence. (Samuels-Wortley, 2021). Therefore, understanding youth
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perceptions of the police is crucial for a comprehensive understanding of the relationship

between Black and Indigenous communities and the police, aswell as reform overall.

A counter-story written in the article that contextualizes these issues focuses on the

responses of four Indigenous and Black students, who express their concerns regarding

differential treatment with police officers. One youth in particular, begins the conversation by

countering a Chief police officers particularly positive and boastful remarks about the Toronto

police force. In response, Kerry, a young black woman, shares that she does not believe that the

police, who “don’t live in the city” or “care about my community, …represent or really are best

for our city” (Samuels-Wortley, 2021). This comment led to other youth to also share their

negative experiences with police that began occurring at a young age. In discussing this story, it

became increasingly evident that Black and Indigenous youth in Canada encounter

discriminatory experiences and unequal treatment from those who are meant to protect them. For

instance, starting from a young age they experienced involuntary stops while engaging in normal

everyday activities (Samuels-Wortley, 2021). Consequently, they feel singled out and targeted for

unequal police attention, which significantly diminishes their trust in and respect for law

enforcement. Official statistics on street checks, which reveal that young Black men are

overrepresented in such data, further corroborate the idea that they are being perceived first as

possible criminals rather than individuals by the police (Sameuls-Wortley, 2021). Police are

understood to be paying a disproportionate amount of attention to Black and Indigenous

adolescents, ultimately contributing to their criminalization, with little positive interaction or

care for their safety or well-being. This reinforces the notion that police continue to criminilze

and stereotype individuals from these communities, rather than work to help and protect them

(Samuels-Wortley, 2021). Additionally, public concerns regarding the deaths of Black and
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Indigenous peoples in the presence of police, particularly during mental health calls, worsen the

lack of trust and faith in law enforcement (Samuels-Wortley, 2021).

Contrary to the police’s own equality narrative, these shared and lived experiences of

Black and Indigenous youth recognize the importance of Canadian police reform in addressing

the pervasive racism and prejudice experienced by Black and Indigenous adolescents. To create a

more just and equitable policing system that is better equipped to serve marganalized community

members, the article advocates for increased accountability, transparency, and community

engagement (Samuels-Wortley, 2021). These are similar concerns shared in a piece titled

“Shining Light on the Dark Places: Addressing Police Racism and Sexualized Violence against

Indigenous Women and Girls in the National Inquiry.” As this work focuses on Canada’s national

crisis of murdered and missing Indigenous women and girls, it also emphasizes upon the

dangerous misconceptions of the “root causes of the phenomenon,” that “have been

overshadowed by victim blaming and where police actions as the instigators, perpetrators, and

or/enablers of the phenomenon have been overlooked” (Palmater, 2016). By examining the

evidence of systemic racism, as-well as sexism within Canadian police forces, it reveals that

these factors have influenced the disproportionate victimization of Indigenous women and girls.

In both articles mentioned, it is evident that in order to achieve justice and reconciliation for

Black and Indigenous peoples in Canada, confronting police racism, biases, and violence is

crucial. In resolving these challenges, Palmater suggests increasing representation in policing,

providing cultural sensitivity training for police officers, and implementing stronger

accountability measures for officers who engage in discriminatory of violent behaviour

(Palmater, 2016).
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The concerns regarding policing and reform in Canada today are valid and supported by

empirical evidence that comprehensive change is necessary. Acknowledgement nor promises for

transformative changes are not enough as Indigenous and Black communities continue to face

systemic discrimination at the hands of those entrusted to protect them. This paper has provided

evidence which details how Canada's colonial history has perpetuated systemic racism within

law enforcement agencies. Furthermore, it has demonstrated how the negative perception of

police among Indigenous and Black communities is understood by use of scholarly sources and

factual data to reveal the adverse and disproportionate impacts of police practices on their lives.

Conclusively, meaningful police reform is imperative to address the pervasive racism and

prejudice experienced by Indigenous and Black individuals in Canada.

References

Cotter, A. (2022). Perceptions of and experiences with police and the justice system

among the Black and Indigenous populations in Canada. Juristat: Canadian Centre for Justice

Statistics, , 1-31.
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https://ezproxy.library.yorku.ca/login?url=https://www.proquest.com/scholarly-journals/perceptio

ns-experiences-with-police-justice/docview/2635271860/se-2

Palmater, P. (2016). Shining Light on the Dark Places: Addressing Police Racism and

Sexualized Violence against Indigenous Women and Girls in the National Inquiry. Canadian

Journal of Women and the Law, 28(2), 253–284. https://doi.org/10.3138/cjwl.28.2.253

Reclaiming power and place : the final report of the National Inquiry into Missing and

Murdered Indigenous Women and Girls. (2019). National Inquiry into Missing and Murdered

Indigenous Women and Girls.

Samuels-Wortley, K. (2021). To Serve and Protect Whom? Using Composite

Counter-Storytelling to Explore Black and Indigenous Youth Experiences and Perceptions of the

Police in Canada. Crime & Delinquency, 67(8), 1137–1164.

https://doi.org/10.1177/0011128721989077