JustFacts

The Impact of Mandatory Minimum Penalties on Indigenous, Black and Other Visible Minorities

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October 2017

Research and Statistics Division

This fact sheet presents information on federal offenders who were convicted of an offence punishable by a mandatory minimum penalty (MMP) as the most serious offence in the sentence, and were admitted to federal custody between fiscal years 2007/08 and 2016/17. Data was obtained from the Correctional Service of Canada^{Footnote 1}. Offenders were included in the dataset if the most serious offence upon admission^{Footnote 2} was an offence punishable by an MMP. The goal of this research was to determine whether Indigenous and visible minority offenders were differentially affected by MMPs over a period of ten years.

Black and Indigenous offenders are overrepresented in admissions to federal custody

Of the total Canadian population, 2.9% of people self-identify as Black, 4.3% as Indigenous and 16.2% as ‘other’ visible minorities.^{Footnote 3} Combined over the ten year study period, White/non-visible minority offenders comprised 60% of the federal offender population at admission. Indigenous offenders comprised the next largest proportion (23%), while Black and other visible minority offenders comprised approximately 9% each. Of these groups, the proportion of Indigenous offenders increased most dramatically, from 20% of admissions in 2007/08 to 25% in 2016/2017 (see Table 1).

Black and other visible minority offenders are more likely to be admitted to federal custody for an offence punishable by an MMP^{Footnote 4}

Over the ten year study period, Black and other visible minority offenders were much more likely to be admitted with a conviction for an offence punishable by an MMP. Almost half (48%) of other visible minority offenders were admitted with an MMP offence as the most serious in the sentence, as were 39% of Black offenders, 20% of Indigenous offenders, and 31% of White offenders (see Table 1).

While White offenders comprised the majority of offenders admitted with an MMP offence over the 10 year period (61% of all offenders admitted with an MMP were White), the proportions of Black (11%) and other visible minority offenders (13%) admitted with an MMP offence was higher than their overall representation in admissions to federal custody (approximately 9% each; Table 1).

The proportions of Indigenous and White offenders admitted with an offence punishable by an MMP has increased

In 2007/08, 14% of Indigenous offenders admitted to federal custody were convicted of an offence punishable by an MMP as the most serious in the case. By 2016/2017, that proportion increased to 26%. The proportion of White offenders admitted with an MMP also increased, from 24% to 40%, while the proportions of Black and other visible minority offenders remained steady (averaging around 39% and 48% respectively over the 10-year period; see Chart 1).

Drug offences make up the majority of MMP offences for which an offender is admitted to federal custody

Between 2007/08 and 2016/2017, drug offences comprised 75% of all offences punishable by an MMP for which offenders were admitted to federal custody. Most of those drug convictions (89%) were for trafficking (s. 5 of the Controlled Drug and Substances Act). The next most common offences punishable by an MMP were sexual interference of a person under the age of 16 (s. 151 of the Criminal Code; 8%) and robbery, use of a firearm (s. 344; 5% respectively).

Black offenders are more likely to be admitted with a section 6 CDSA offence - importing/exporting and possession for the purpose of exporting

Over the 10 year period, Black offenders comprised the largest proportion (42%) of offenders convicted of a CDSA section 6 offence (importing/exporting or possession for the purpose of exporting). This proportion increased over time, from 33% in 2007/08 to 43% in 2016/17. The proportion of Indigenous offenders increased from 2% to 12% over the same timeframe, while the proportion of White offenders decreased (from 38% to 25%). The largest increase for Indigenous offenders occurred after the Safe Streets and Communities Act in 2012, when MMPs were enacted for the CDSA offences. In 2012/13, Indigenous offenders comprised 1% of all federal offenders that were convicted of a s. 6 CDSA offence and this increased to 12.5% by 2016/17.

White offenders were more likely to be admitted with a trafficking (s. 5 of the CDSA) or production (s. 7 of the CDSA) offence – they comprised 63% and 72% of these two groups, respectively, over the ten year period. Only 30% of the offenders admitted with a s. 6 offence (importing/exporting and possession) were White.

Indigenous offenders comprise an increasingly large proportion of offenders admitted for a firearm-related offence^{Footnote 5}

Between 2007/08 and 2016/17, there were 1,743 offenders admitted to federal custody with a firearm offence punishable by an MMP. Although the number of offenders admitted with a firearm-related offence remained relatively stable over time, Indigenous representation increased. In 2007/08, Indigenous offenders comprised 17.5% of the total number of offenders admitted with a firearm-related offence punishable by an MMP and by 2016/17 the proportion increased to 40%. The proportion of Black offenders decreased from 22% to 11% and the proportion of White offenders decreased from 52% to 41%. The proportion of other visible minorities fluctuated over the ten years, but was similar in 2007/08 (8%) and 2016/2017 (7%).

Black, Indigenous and other visible minority offenders are disproportionately represented for various violent and non-violent offences involving the use of a firearm

The proportion of offenders admitted with a firearm-related offence punishable by an MMP that were Indigenous increased dramatically between 2007/08 (17%) and 2016/2017 (40%). Concurrently, the relative proportions of Black and White offenders decreased (see Chart 2).

The types of offences also differed by race group. Over the 10 year period, Indigenous offenders comprised a disproportionately high percentage of offenders admitted for criminal negligence causing death (s. 236; 31%), discharging a firearm with intent (s. 244; 31%), sexual assault with a weapon (s. 272; 43%) and robbery, use of a firearm (s. 344; 27%).

Black offenders are disproportionately represented for use of a firearm in the commission of an offence (s. 85; 15%), discharging a firearm with intent (s. 244; 25%), attempted murder, use of a firearm (s. 239; 28%), and robbery, use of a firearm (s. 344; 17%). Black offenders also comprised a disproportionately high percentage of offenders admitted for non-violent firearms offences, including weapons trafficking (s. 99; 25%) and firearms trafficking (s.100; 42%).

Other visible minority offenders are disproportionately represented for attempted murder, use of a firearm (s. 239; 17%).

The proportion of Indigenous offenders admitted with a child sexual offence is increasing

Over the ten year period, 1,882 offenders were admitted to federal custody with a child-related sexual offence punishable by an MMP. The number of offenders increased substantially from 31 in 2007/08 to 366 in 2016/17.^{Footnote 6} In 2007/08, Indigenous offenders comprised 10% of the total group of offenders admitted with a child sexual offence punishable by an MMP, and this proportion increased to 18% by 2016/17. The proportion of White offenders in this group decreased from 84% to 75% over the same timeframe.

Date modified:

2018-03-15