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Systemic Racism in Canadian Policing and Criminal Justice

An analysis of how Canada's criminal justice system perpetuates systemic racism against Black and Indigenous populations through racialized surveillance, the "War on Drugs," and settler colonialism, leading to disproportionate incarceration and state violence.

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The Canadian criminal justice system is often presented as a neutral arbiter of law and order. However, an analysis of its historical and contemporary functions reveals a different reality: a system that serves as a mechanism for exerting control over Black and Indigenous bodies. From the era of slavery to the modern "War on Drugs," the management of these populations has transitioned through various forms of legal and extra-legal control, often resulting in systemic violence and profound social exclusion.

The Genealogy of the Black Criminality Trope

The association between Blackness and criminality is not a modern phenomenon but a long-standing social construct used to maintain racial hierarchies. This trope can be traced back to the seventeenth century, where runaway slave advertisements portrayed self-liberated Black individuals as thieves and criminals. In these historical contexts, the surveillance of Black bodies in public spaces was a tool used by white communities and law enforcement to maintain the slave economy.

In the modern era, this historical stigma has evolved into new linguistic forms. Terms such as "thugs" or "gangsters" (and in Quebec, "les yos") serve to reinforce the same age-old associations. By grounding the fear of Black people in a "fear of crime," the state can justify the withdrawal of social protections and the increased targeting of Black communities under the guise of public safety.

Study Tip: When analyzing systemic racism, distinguish between "individual prejudice" (personal bias) and "systemic/institutional racism" (how laws, policies, and tropes like the "criminality trope" create unequal outcomes regardless of individual intent).

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