StatsCan: Overrepresentation of Indigenous and Black adults in provincial and federal custody

Usual sound data analysis from StatsCan, higher gaps than I expected:

In 2023/2024, Indigenous adults were incarcerated at a rate 10 times higher than non-Indigenous adults in the six provinces with available data (Prince Edward Island, Nova Scotia, Ontario, Saskatchewan, Alberta and British Columbia), according to a new measure called the overrepresentation index. Over the five-year period studied (2019/2020 to 2023/2024), overrepresentation of Indigenous adults in custody increased each year. In 2023/2024, the Black population was incarcerated at a rate three times that of the white population in the four provinces where disaggregated data on racialized groups are available (Nova Scotia, Ontario, Alberta and British Columbia).

The overrepresentation of Indigenous (First Nations, Inuit and Métis) and Black adults under correctional supervision in Canada is a significant and persistent concern. Designed to improve the measuring of overrepresentation and to monitor progress more effectively over time, this Daily release presents a detailed analysis of previously released indicators. For the first time, these measures combine correctional data from the federal, provincial and territorial levels to provide data on the entire correctional system for reporting provinces and territories. These measures also allow for further disaggregation of the non-Indigenous population into white and racialized group populations, offering a more comprehensive view of correctional involvement among Indigenous and Black populations in Canada. 

To reflect the distinct histories, structural factors and lived experiences of Indigenous and Black populations in Canada, the analysis is presented in two parts. The reasons overrepresentation exists in the Canadian justice system are complex and long-standing. They are discussed further in this release in the section on overrepresentation of Indigenous people and in the section on overrepresentation of Black persons.

Overrepresentation of Indigenous adults in custody

The overrepresentation of Indigenous people in Canada’s correctional systems is a long-standing and deeply rooted issue. For over three decades, this issue has been highlighted by commissions, rulings from the Supreme Court of Canada and various other official inquiries.

The causes of overrepresentation are complex and interconnected, though indisputably linked to colonialism, displacement, socioeconomic marginalization, intergenerational trauma and systemic discrimination. A key legal milestone was the 1999 Supreme Court case R v. Gladue, which emphasized that lower courts should carefully consider an Indigenous offender’s background during sentencing. This was reaffirmed and expanded in R v. Ipeelee (2012).

In 2015, the Truth and Reconciliation Commission of Canada issued Call to Action 30, urging all levels of government to commit to eliminating the overrepresentation of Indigenous people in custody within a decade. The Call also emphasized the importance of ongoing monitoring through detailed annual reporting….

Overrepresentation of Black adults in custody

In Canada, the Black population faces social and economic challenges linked to the historic and ongoing harms caused by colonial laws, policies and practices, including racial segregation and discriminatory immigration policies. These challenges, compounded by anti-Black racism and systemic discrimination, have resulted in the overrepresentation of Black persons in Canada’s correctional system. As a result of changes in reporting, Statistics Canada is now able to report on the overrepresentation of Black persons in the correctional system for the following jurisdictions: Nova Scotia, Ontario, Alberta and British Columbia.

Black persons incarcerated at a rate three times their proportion of the population

In 2023/2024, Black persons in custody from the four reporting provinces accounted for 12.8% of the custodial population on an average day, while they made up 3.3% of the general adult population. 

The incarceration rate of Black persons in 2023/2024 was 32 adults per 10,000 population, compared with 8 adults per 10,000 population for the white population. The rate was highest among Black men (62 adults per 10,000 population) and lowest among Black women (2 adults per 10,000 population). By comparison, rates were lower among white men (15 adults per 10,000 population) and white women (1 adult per 10,000 population).

Overall, 0.8% of the adult Black population was incarcerated at some point during the 2023/2024 reference year, compared with 0.2% of the white population….

Source: Overrepresentation of Indigenous and Black adults in provincial and federal custody