Perceptions of and experiences with police and the justice system among the Black and Indigenous populations in Canada

The Canadian Charter of Rights and Freedoms (Canada Act 1982) states that all individuals in Canada are equal before and under the law, and that all should be afforded equal protection and benefit of the law without discrimination. In particular, the Charter specifies that all have equal rights regardless of their race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. In other words, working to ensure the equitable treatment of all in society is not only important in terms of realizing a fair and equitable society, but also a requirement prescribed by Canadian law.  

Despite this, people living in Canada are not always treated equally (Cotter 2022). Experiences of discrimination within the criminal justice system have been a subject of discussion nationally and internationally for many decades. Over time, the rise of movements seeking racial and social equity in response to current and historical injustices have demonstrated the importance of measuring and monitoring experiences and outcomes. Recent studies and commissions have demonstrated the need to effect social change and identify and eliminate inequities among First Nations people, Métis, Inuit, as well as racialized groups with respect to public safety measures, victimization, and the criminal justice system (Wortley 2020; MMIWG 2019; Truth and Reconciliation Commission 2015).

In particular, 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. Due in part to this significance, the criminal justice system is an institution that has often been scrutinized with regards to these issues, including, for example, the overrepresentation of Indigenous people in the correctional system and the disproportionate number of Black people who are stopped or questioned by police (Wortley and Owusu-Bempah 2011; Truth and Reconciliation Commission 2015; Malakieh 2020; Saghbini et al. 2021).

Taking this context into account, it is critical to continue to examine differences in perceptions of the justice system, and potential barriers to justice among diverse populations in Canada. Lack of public confidence in any institution or a perception that it is performing poorly can have a number of negative impacts, including a reduction in the quality of services provided or a deterioration in the relationship between the institution and the public it is supposed to serve (Jang et al. 2015; Letki 2006). These perceptions and attitudes can be based on a number of factors, including direct or personal experience, the influence of others, or the influence of media, both traditional and social. When examining perceptions at a broad, population-based level, they can also illuminate areas of potential systemic bias or differential treatment or outcomes.

This Juristat article relies on multiple data sources to examine perceptions of police, confidence in institutions, and experiences of serious problems or disputes. Analysis is broadly separated into three sections, with the first section focusing on the experiences of the Black population in Canada. The second section examines the experiences of Indigenous people, taking a distinction-based approach to examine the experiences of First Nations people, Métis, and Inuit in Canada where possible. The third section contains a higher-level look at some selected findings for population groups designated as visible minority.

Throughout the report, findings are compared to those who identified as neither Indigenous nor a member of a population group designated as visible minority in the Employment Equity Act – that is, primarily, those who identified as White or Caucasian.^{Note , Note} 

This report was funded by Canadian Heritage, as part of the federal government’s Anti-Racism Strategy. In addition, it represents part of Statistics Canada’s ongoing commitment to publishing data that is disaggregated to the fullest extent possible. 

Section 1: Perceptions of and experiences with the justice system among the Black population

Though the experiences of Black people living in Canada are grouped together in this article for the purposes of analysis, it is important to note that the Black population is not homogenous but rather represents a diverse population with varying backgrounds and circumstances. In fact, over 200 different ethnic or cultural origins were cited by those who self-identified as Black in the 2016 Census of population, with the 10 most frequent being Jamaican, Other African,^Note  Haitian, Canadian, English, Somali, Nigerian, French, Ethiopian and Scottish (Statistics Canada 2019). In addition to diversity in terms of ethnic or cultural origins, the Black population is diverse in terms of languages, religions, experiences, and socioeconomic characteristics (Do 2020).

In Canada, the majority of Black women (71%) and Black men (63%) between the ages of 25 and 59 have a postsecondary education, comparable to the proportions among women (69%) and men (64%) in the rest of the population (Do 2020).  However, relative to the overall population, the Black population in Canada is younger (Statistics Canada 2019). Black adults between the ages of 25 and 59 (21%) and Black youth (27%) are more likely than 25 to 59-year-olds (12%) and youth (14%) in the rest of the population to be living in a low-income situation (Do 2020). The unemployment rate is also higher among the Black population (10% among both Black women and men in 2016, compared with 6% and 7%, respectively, among women and men in the rest of the population) (Do 2020).

In the face of these inequalities, many indicators of resiliency are also higher among the Black population in Canada (Do 2020). For example, the Black population was more likely than the rest of the population to state that they are always able to bounce back quickly after hard times, to have always learned something from difficult or negative experiences, or were always able to continue going about their daily lives (Do 2020). Each of these are important factors linked to resiliency, demonstrating the ability to successfully adapt to challenging situations (Seiler et al. 2011).

One in five Black people are not confident in police

Black people have and continue to experience various forms of racism, discrimination, and unfair treatment in Canada, many of which are specific to the criminal justice system. For example, Black people are overrepresented at many different stages of the criminal justice system, ranging from proactive and discretionary policing practices such as stops, charges, or arrests, through to incarceration (Owusu-Bempah et al. 2021; Ontario Human Rights Commission 2021).

The 2020 General Social Survey (GSS) on Social Identity included questions on levels of confidence in various Canadian institutions, including the police and the justice system and courts.^Note  While overall, more than half of people were confident in police, the proportions varied considerably between ethno-cultural groups. According to the 2020 GSS on Social Identity, seven in ten (70%) non-Indigenous, non-visible minority people 15 years of age and older were confident in the police, compared to about half of Black (54%) people (Table 1).

More than one in five (21%) Black people had little or no confidence in the police, which was the case for about one in ten (11%) non-Indigenous, non-visible minority people. The proportion of Black men (24%) and Black women (19%) who had little or no confidence in police did not differ significantly, but in both cases was higher than the proportions among non-Indigenous, non-visible minority men (12%) and women (8%).

Levels of confidence in the justice system and courts were similar among Black people and non-Indigenous, non-visible minority people, of whom just over half were confident (54% and 53%, respectively).

Certain measures of police performance more likely to be rated unfavourably by Black people

While the GSS on Social Identity asked more broadly about Canadian institutions, the GSS on Victimization focused more specifically on perceptions of different agents and aspects of the criminal justice system: namely, police, courts, prison, and parole. Respondents were asked if police, courts, prison, and parole were doing a good job, an average job, or a poor job across a variety of job or performance indicators. For the most part, police performance was evaluated similarly between Black people and those who were neither Indigenous nor visible minority people (Table 2).

Research on perceptions of police performance often distinguishes between operational and interpersonal elements (Sprott and Doob 2014; Cotter 2015). Operational elements can include tasks that are, broadly speaking, more objectively measurable, such as promptly responding to calls and ensuring the safety of citizens. In contrast, interpersonal aspects are related to the relationship between police and the community they serve, such as being approachable or treating people fairly.

It was notable that while overall perceptions on operational measures were similar, there were significant differences in how police were seen in the interpersonal dimension. Black people were less likely to feel that police were doing a good job of being approachable and easy to talk to (41%) and treating people fairly (30%) compared with non-Indigenous, non-visible minority people (52% and 45%, respectively).

Black women and men had similar perceptions of these interpersonal measures. Four in ten Black women (42%^E) and men (41%^E) felt police were doing a good job being approachable, while three in ten (31%^E each) felt police were doing a good job treating people fairly. Likewise, there were no significant differences between Black women and men for any of the operational measures included in the GSS (Chart 1).

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In all, three in ten Black (30%) people rated at least one element of local police performance poorly, a higher proportion than among non-Indigenous, non-visible minority people (19%). Similar proportions of Black women (32%) and men (26%) rated at least one aspect poorly.

Canadian-born Black people have more negative perceptions of police

Research and data on perceptions has shown that recent immigrants tend to be more positive in their perceptions of institutions, and perceptions tend to align more with the non-immigrant population over time and subsequent generations (Statistics Canada 2021b; Owusu-Bempah et al. 2021; Roder and Muhlau 2011). This was apparent when it came to perceptions of police performance among the Black population, with those born in Canada having considerably more negative perceptions. Among the Black Canadian-born population, 58%^E rated at least one element of police performance poorly, compared with 20% of the non-Indigenous, non-visible minority population born in Canada.

In contrast, 15% of Black immigrants rated at least one aspect of police performance poorly, a result that was not different from the non-Indigenous, non-visible minority population and far below the proportion among Canadian-born Black people. For five of the six measures of police performance measured by the GSS, Black immigrants were more likely than Canadian-born Black people to state police were doing a good job (Chart 2).

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Black people under 40 years of age view police more negatively

Black people under the age of 40 were more likely to rate at least one element of police performance poorly, when compared with their non-Indigenous, non-visible minority counterparts (41%^E versus 24%). Specifically, three in ten (29%^E) Black people under 40 felt that police were doing a poor job treating people fairly, three times higher than the proportion of non-Indigenous, non-visible minority people under 40 (9%).

When looking at the perceptions of those 40 years of age and over, however, Black people (17%) and non-Indigenous, non-visible minority people (17%) were equally likely to state that police were performing poorly in at least one aspect of their job. Previous analysis of perceptions of police has found that, in general, older people have more positive perceptions of police (Ibrahim 2020).

One-third of Black people had contact with police in past 12 months, similar to non-Indigenous, non-visible minority people

Recent analysis of the 2019 GSS found that recent encounters with police were associated with perceptions of police performance, even when controlling for other socio-economic and demographic characteristics (Ibrahim 2020). Largely due to the public-facing nature of their work, when people do come into direct contact with the justice system, it is most commonly with the police. This direct contact can have a considerable impact on general perceptions, in particular if this contact is perceived to be negative. Despite this, as many people do not have direct contact with police, factors other than contact can inform perceptions.

One-third (32%) of Black people had contact with police, a proportion that was not statistically different from non-Indigenous, non-visible minority people (36%) (Table 3). Contact with police could be for a variety of reasons, including through work, volunteering, or public information sessions, traffic violations, as a victim or witness to a crime, by being arrested, or due to personal or family-related problems with emotions, mental health, drugs, or alcohol. Though overall levels of contact were similar, when looking at the specific reasons for contact with police, Black people were less likely than non-Indigenous, non-visible minority people to have had contact through a public information session (3% versus 6%) or as a witness to a crime (3% versus 5%).

In addition to the type of contact, whether the interaction with police is seen as positive or negative can have an impact on overall perceptions of and confidence in police. Regardless of ethno-cultural group, according to the GSS, the majority of interactions with police in Canada were perceived as positive. Eight in ten (81%^E) Black people felt that their experience with police was, on the whole, positive, not statistically different from the non-Indigenous, non-visible minority population (89%).

Although contact with police, particularly negative contact, can influence overall views of police, the majority of Black people did not have contact with police – and, those who did most often felt it was positive. This suggests that the more negative perceptions of police and lower levels of confidence among Black people are related to factors beyond individual experiences.

One potential factor is experiences of discrimination or other negative interactions, which can influence overall views of police. Furthermore, when discrimination or unfair treatment targets a particular group or community broadly, the negative impacts are felt by others who are part of that group, beyond the individuals who are directly impacted. Data from the 2019 GSS show that Black people were more likely than those who were non-Indigenous, non-visible minority to have been discriminated against in an interaction with police (Cotter 2022).

Of all Black people 15 years of age and older in Canada, 7% indicated having been discriminated against by police. This was similar to the proportion among Indigenous people (7%). Both Black and Indigenous people were far more likely than other visible minority (2%) or non-Indigenous, non-visible minority people (0.6%) to have experienced discrimination in this context.

Black immigrants have more positive perceptions of criminal courts in Canada

Many people, regardless of population group, stated that they did not know if courts or the prison or parole systems were doing a good, average, or poor job at a variety of aspects (Table 4). This may, in part, reflect the fact that relatively few Canadians have direct experience with the criminal courts.

Among those who did provide their perception of the work of criminal courts, Black people generally had a more positive perception than non-Indigenous, non-visible minority people. For example, the proportion of Black people who felt criminal courts were doing a good job at providing justice quickly (20%) and helping victims (28%) was more than double that among the non-Indigenous, non-visible minority population (8% and 12%, respectively).

These more positive perceptions were largely driven by the perspectives of Black immigrants, who were more likely to rate the performance of courts favourably than were Canadian-born Black people (Chart 3). Black immigrants were more likely than Canadian-born Black people to feel courts were doing a good job providing justice quickly, helping victims, and determining whether the accused person is guilty or not.

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Black people more likely to experience serious legal problems or disputes

According to the Canadian Legal Problems Survey (CLPS), Black Canadians experienced serious problems more frequently over the past three years than did non-Indigenous, non-visible minority people. More than one-quarter of Black (26%) adults had experienced one or more serious problems over this time, a proportion that was higher than that found among other people who are part of a population group designated as visible minority (19%) and non-Indigenous, non-visible minorities (17%) (Table 5).

This pattern held when taking gender into account as well; Black women and men were more likely to have experienced a serious problem than non-Indigenous, non-visible minority women and men. The proportions of Black women (29%) and men (23%) who experienced serious problems was not statistically different. 

Problems related to immigration disproportionately impact visible minorities

Serious problems involving immigration, refugee status, or sponsoring a family member’s application to come to Canada, while not a relatively common problem among any group, were disproportionately experienced by those belonging to visible minority groups. According to the CLPS, 0.1% of non-Indigenous, non-visible minorities had experienced such a problem in the previous 3 years – a proportion far below that among Black (2.5%) and other visible minority groups (1.8%). 

The reason for this is, in part, the fact that a higher proportion of Black (73%) and other visible minority (77%) people are immigrants, relative to the non-Indigenous, non-visible minority population (11%). That said, even when looking just at the immigrant population, serious problems or disputes related to immigration were still more common among Black (3.4%) and visible minority (2.1%) people than non-Indigenous, non-visible minority people (0.7%).

Almost one in ten Black Canadians reported experiencing a serious problem involving discrimination

The CLPS included discrimination as one category of a serious problem with potential legal implications.^Note  Just as discrimination in everyday life, regardless of the perceived severity, was more common among Black people (Cotter 2022), discrimination as a serious problem was considerably more common among Black adults. 

In total, 8% of Black adults reported discrimination as a serious problem, with similar proportions seen among Black women (8%) and men (8%). In contrast, 2% of non-Indigenous, non-visible minority adults reported a similar problem – with women (2%) and men (2%) equally likely to report this type of problem.  

Most people take action to resolve their problem, with one in three contacting a legal professional

Regardless of population group, just under nine in ten of those who experienced a serious problem took some sort of action as a result (Table 6). Not only that, the types of actions taken were similar across groups – most commonly, those who experienced serious problems and took action searched the internet for information, sought advice from friends or relatives, or contacted the other party involved in the dispute.

Around three in ten Black (28%^E) people contacted a legal professional to help resolve their problem, a proportion which did not differ significantly from non-Indigenous, non-visible minority people (36%).

Negative impacts on health most common consequence of serious problems

As may be expected, given the scope of the survey focused on serious and not easy to resolve problems, those who experienced disputes often cited a variety of resulting health, financial, or social impacts.

Regardless of ethno-cultural group, the majority of those who had a serious problem or dispute indicated that there were negative health consequences stemming from their most serious problem. The most common impact was extreme stress, cited by seven in ten Black (71%^E) people and nearly three-quarters (73%) of non-Indigenous, non-visible minority people (Table 7).

Financial impacts were also a relatively common consequence of problems or disputes. Similar proportions of Black (54%^E) and non-Indigenous, non-visible minority (48%) people stated that they faced financial challenges as a result of the most serious problem they encountered.

Section 2: Discrimination and perceptions of and interactions with the justice system among First Nations people, Métis, and Inuit

In Canada, generations of First Nations people, Métis, and Inuit have been and continue to be negatively impacted by the effects of colonial policies and practices explicitly intended to assimilate Indigenous people (MMIWG 2019). The long-lasting and intergenerational impacts of colonial policies and programs, including but not limited to residential schools, forced relocation, and the removal of children from their families into the child welfare system, contribute to the perpetuation of inequalities, disadvantage, and intergenerational trauma among First Nations people, Métis, and Inuit in Canada (MMIWG 2019).

As government institutions were drivers of colonization, and police have been used to support many of these practices, there continues to be mistrust of official institutions by Indigenous peoples. The effects of colonization and systemic inequities are seen in the continued overrepresentation of Indigenous people in a number of institutions, including adult and youth correctional populations (Malakieh 2020; Saghbini et al. 2021; see Text box 4) and the child welfare system (Ontario Human Rights Commission 2018). It has been argued that this overrepresentation reflects the ongoing impacts of colonialism in Canada, and continues to contribute to negative impacts on the trajectories of Indigenous people in Canada.

In the analysis that follows, it should be noted that the General Social Survey (GSS) on Social Identity and the Canadian Legal Problems Survey (CLPS) were conducted in the provinces only, and findings may not be generalizable to the total Indigenous population in Canada, a considerable proportion of whom live in the three territories; in particular, Inuit and First Nations. Consistent with past cycles, the GSS on Victimization included the territories.^Note 

One in five Indigenous people are not confident in police

According to the 2020 GSS on Social Identity, about half (52%) of Indigenous people aged 15 and older were confident in the police, while one in five (22%) had little or no confidence in police (Table 1).^Note  These proportions were similar to those among Black people, but differed from the non-Indigenous, non-visible minority population (70% of whom were confident in police, and 11% of whom had little or no confidence).

More specifically, similar proportions of First Nations (48%) and Métis (54%) people were confident in police, in both cases well below the non-Indigenous, non-visible minority population.^Note 

Indigenous women and men did not differ significantly in their levels of confidence in police, with 55% of Indigenous women and 50% of Indigenous men having confidence. This was lower than what was seen among non-Indigenous, non-visible minority women (71%) and men (68%).

Indigenous people were also less likely to have confidence in the justice system and courts; 37% were confident while 30% were not. In contrast, among non-Indigenous, non-visible minority people, 53% were confident and 16% were not.

Indigenous people critical of police performance

Of the six measures of police performance included in the GSS on Victimization, Indigenous people were more likely to state police were doing a poor job for five of them, relative to non-Indigenous, non-visible minority people: enforcing the laws (10% versus 5%), promptly responding to calls (16% versus 7%), providing information on crime prevention (16% versus 9%), ensuring the safety of citizens (11% versus 5%), and treating people fairly (15% versus 7%) (Table 2).

In all, nearly one-third (32%) of Indigenous people rated at least one element of local police performance poorly, a higher proportion than among non-Indigenous, non-visible minority people (19%). Regression analysis showed that, when taking into account several factors, such as age, gender, disability, and previous contact with police, that visible minority and Indigenous people were more likely to report low confidence in the police (Ibrahim 2020). 

More precisely, First Nations people (34%) and Inuit (44%) were more likely to rate at least one aspect of police performance poorly. The proportion of Métis (28%) who felt police were performing poorly in at least one part of their role was not statistically different from the non-Indigenous, non-visible minority population.

Younger Indigenous people have more negative perceptions of police

Indigenous people (34%) under the age of 40 were more likely to rate at least one element of police performance poorly, when compared with their non-Indigenous, non-visible minority counterparts (24%).

These more negative perceptions of police were seen for both operational and interpersonal measures. A higher proportion of Indigenous people under 40 felt police were doing poorly at enforcing the laws, promptly responding to calls, ensuring the safety of citizens, and treating people fairly compared to the similarly aged non-Indigenous, non-visible minority population (Chart 4).

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That said, this finding was not unique to younger Indigenous people. Indigenous people over the age of 40 were also more likely than non-Indigenous, non-visible minority people to rate at least one aspect of police performance poorly (30% versus 17%).

Indigenous people more likely to report contact with police in past 12 months, but the majority perceived their interaction as positive

Nearly half (45%) of Indigenous people had some form of contact with police in the 12 months preceding the survey, a higher proportion than among non-Indigenous, non-visible minority people (36%) (Table 3).

The specific reasons or scenarios for which people had contact with police were generally similar between Indigenous and non-Indigenous, non-visible minority people. However, one in ten (10%) Indigenous people had contact with police in the past 12 months as a result of a family member’s problems with their emotions, mental health, or alcohol or drug use, a proportion three times higher than that among non-Indigenous, non-visible minority people (3%).

First Nations people (43%) and Métis (50%) more commonly had contact with police in the past 12 months. One in three (33%) Inuit had some form of contact with police in the previous year, similar to what was seen among non-Indigenous, non-visible minority people.

While the majority (80%) of Indigenous people who had contact with police said that, overall, they perceived the interaction as positive, this was lower than for the non-Indigenous, non-visible minority population (89%).

Though the majority of Indigenous people who had contact with police said the interaction was positive, recent contact with police did appear to influence perceptions of police performance. Half (49%) of Indigenous people who had contact with police rated at least one aspect of police performance poorly, compared with 17% who did not have contact with police in the past 12 months.

More than one-third of Indigenous people have had contact with criminal courts

Indigenous people and non-Indigenous, non-visible minority people generally had similar perceptions of criminal courts. Namely, similar proportions felt that criminal courts in Canada do a good job of providing justice quickly, helping victims, and determining whether the accused person is guilty or not. Opinions diverged when it came to the perception of the courts’ ability to ensure a fair trial for accused; 21% of Indigenous people felt criminal courts are doing a good job, lower than the proportion among non-Indigenous, non-visible minority people (28%) (Table 4).

While perceptions of the Canadian criminal courts were similar, Indigenous people were far more likely than non-Indigenous people to have ever had contact with a Canadian criminal court (37% versus 22% of non-Indigenous, non-visible minority people). Though the reason for contact—that is, as a victim, witness, or accused person—was not asked in the General Social Survey, this finding aligns with a large body of research that has shown, in general, Canada’s Indigenous population is overrepresented in various stages of the criminal justice system (see Text box 3).

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Indigenous people more often experience serious problems or disputes

According to the 2021 Canadian Legal Problems Survey (CLPS),^Note  Indigenous people in Canada experienced serious problems or disputes more frequently over the past three years than did non-Indigenous, non-visible minority people. More than one-quarter of Indigenous (27%) adults had experienced one or more serious problems over this time, a proportion that was higher than that found among non-Indigenous, non-visible minorities (17%) (Table 5). Among Indigenous people, the proportion who faced serious problems was similar among First Nations (28%), Métis (27%), and Inuit (26%).

Serious problems or disputes were more commonly reported by Indigenous women (29%) than Indigenous men (25%). This marked a difference when compared to the non-Indigenous, non-visible minority population, where women (17%) and men (17%) were equally likely to have faced a serious problem or dispute.

Indigenous people more likely to experience multiple serious problems

Indigenous people were more likely than non-Indigenous, non-visible minority people to experience 15 of the 19 problem categories measured in the CLPS (Table 5). The largest gaps were seen with serious legal problems involving discrimination (6.5% versus 2.0%), accessing government assistance, excluding disability assistance^Note  (2.6% versus 1.0%), and obtaining disability assistance (1.9% versus 0.9%).

Experiencing multiple problems was also more common among Indigenous people. About one-quarter (24%) of Indigenous people faced three or more serious problems in the three years preceding the survey, compared to 15% of non-Indigenous, non-visible minority people who faced at least one problem.

Indigenous people more often report disputes with the criminal justice system

The CLPS asked about serious and not easy to fix problems specific to the criminal justice system; namely, issues stemming from contact with the police or other parts of the criminal justice system involving being stopped, accused, charged, detained, or arrested, or contacted as a victim or witness of a crime. On the whole, 2.6% of Canadians 18 years of age or older, or nearly 780,000 individuals, had encountered such a problem in the three years preceding the survey.

Overall, 5.5% of Indigenous people faced one of these problems, double the proportion of non-visible minority, non-Indigenous people (2.7%). The proportion of Black people (2.7%) and other visible minority people (1.9%) who encountered this issue was not statistically different from non-visible minority, non-Indigenous people. More specifically, among Indigenous people, 3.8% reported an issue related to being a victim or witness of a crime, while 2.5% had an issue that involved being stopped, accused, charged, detained, or arrested. In both cases, these were about twice as common than among the non-visible minority, non-Indigenous population (1.8% and 1.2%, respectively).

Consistent with other research that shows Indigenous people face disproportionate levels of contact with the criminal justice system, being Indigenous was associated with higher odds of experiencing a serious problem with the criminal justice system, even after controlling for other factors, including age, gender, and income. When these factors were held constant, the odds of experiencing a serious problem with the justice system were 1.6 times higher among Indigenous people than non-Indigenous people.

Those who reported a problem with the criminal justice system were also asked if the incident that caused the dispute involved violence in any way. About one-third (35%) of those who had a dispute with police or the justice system in the past three years indicated that violence was involved; proportions were similar among Indigenous people (43%) and the non-Indigenous, non-visible minority population (37%).^Note 

Moreover, those whose dispute was with police and involved being stopped, accused, charged, detained, or arrested were asked if they felt they were unreasonably stopped, questioned, or threatened by the police. In all, just under half (48%) of those who experienced this problem felt that police acted unreasonably. This included 52%^E of Indigenous people and 44% of non-Indigenous, non-visible minority people, a difference that was not statistically significant.

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One in three Indigenous people contacted a legal professional to help resolve their problem

Overall, just under nine in ten of those who experienced a serious problem took some sort of action as a result (Table 6). While there were few significant differences between ethno-cultural groups, Indigenous people were more likely to have obtained advice from friends or relatives compared to non-Indigenous, non-visible minority people (58% versus 49%). Indigenous people also more frequently stated that they contacted a federal, provincial, territorial, or municipal government department or agency than did non-Indigenous, non-visible minority people who took action to solve a problem (28% versus 22%), or that they contacted a community centre or community organization (15% versus 10%). In contrast, Indigenous people were less likely than non-Indigenous, non-visible minority people to have searched the internet for a solution (42% and 49%, respectively).

Consistent with other findings and research which suggests that most people take action outside of the formal justice system (Savage and McDonald 2022), one-third (34%) of Indigenous people contacted a legal professional to help resolve their problem. This did not differ significantly from non-Indigenous, non-visible minority people (36%).

Among those who did not take action, the most common reason was a sense that nothing could be done about their problem. This was reported by 56% of Indigenous people and 51% of non-Indigenous, non-visible minority people who did not take action.^Note  Relative to the non-Indigenous, non-visible minority population, Indigenous people who did not take action to resolve their most serious problem or dispute more commonly cited shame or embarrassment as a reason why (12% versus 4%).

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Indigenous people more likely to experience difficulties with mental health or social, family or personal issues as a result of their most serious problem

Most individuals who had experienced a serious dispute or problem indicated that there were negative health consequences as a result. The most common impact was extreme stress, cited by three-quarters of Indigenous (76%) and non-Indigenous, non-visible minority (73%) people (Table 7).

In terms of health impacts, Indigenous people were more likely to state that their serious problem(s) caused difficulties with their mental health (56%), social, family, or personal issues (49%), or problems with their physical health (38%) compared to the non-Indigenous, non-visible minority population (45%, 39%, and 34%, respectively).

One-third (34%) of Indigenous people who faced a serious problem or dispute reported negative socio-economic impacts as a result, a higher proportion than among non-Indigenous, non-visible minority people (29%). Notably, one in ten (10%) Indigenous people said that their most serious problem or dispute either caused or contributed to losing housing, compared to 6% among non-Indigenous, non-visible minority people.

Financial impacts were also a relatively common outcome of legal problems or disputes. Similar proportions of Indigenous (49%) and non-Indigenous, non-visible minority (48%) people stated that they faced financial challenges as a result of the most serious problem they encountered.

In general, about half of those who said the most serious problem had a financial impact said they had to spend their savings as a result. Indigenous people were more likely than non-Indigenous, non-visible minority people to have to put unwanted expenses on their credit card (40% versus 33%), miss payments on a bill or make late payments (34% versus 19%), and borrow money from friends or relatives (33% versus 20%). In addition, the proportion of Indigenous people who had to borrow money from a credit or loan agency was twice as high as that among non-Indigenous, non-visible minority people (12% versus 6%).

Relative to the non-Indigenous population, Indigenous people are more likely to live in situations of poverty (Arriagada et al. 2020c).^Note  This may not only exacerbate any financial impacts of a serious problem or dispute, but also represent another way in which economic inequalities linked to colonialism continue to contribute to disparities in socioeconomic status (Reading and Wien 2009).

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Section 3: Selected findings among other groups designated as visible minorities

According to the General Social Survey on Social Identity, there were few differences in levels of confidence in police among ethno-cultural groups (Chart 5). As noted, Black and Indigenous people had lower levels of confidence in police than did non-Indigenous, non-visible minority people. In addition, Chinese people (62%) and those who belonged to more than one group designated as visible minority (45%^E) were also less likely to have confidence in police.

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In contrast, there was more variation in levels of confidence in the justice system and courts, with a higher proportion of many population groups having confidence compared with non-Indigenous, non-visible minority people (Chart 6). The proportions of South Asian, Chinese, Filipino, Arab, Latin American, Southeast Asian, West Asian, and Korean people who were confident in the justice system and courts was higher than it was among non-visible minority, non-Indigenous people.

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Previous analysis of the 2019 GSS on Victimization found that, on the whole, those belonging to a group designated as visible minority were less likely to believe their local police were doing a good job at five of the six aspects measured (Ibrahim 2020). More precisely, compared to the non-visible minority population, most ethno-cultural groups were less likely to state that police were doing a good job treating people fairly. The exceptions were Latin American, Filipino, and Arab people, where the proportions were similar to the non-visible minority population (Ibrahim 2020).  

There were no statistically significant differences between the non-Indigenous, non-visible minority population and other ethno-cultural groups in terms of their experiences of serious legal problems or disputes in the past 3 years, with the exception of Black and Indigenous people as previously noted. Those belonging to other ethno-cultural groups designated as visible minorities reported experiencing serious problems or disputes in largely similar proportions, when compared with the non-Indigenous, non-visible minority population (Chart 7).

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Summary

The everyday experiences and perceptions of Black and Indigenous people in Canada differ from those who are neither Indigenous people nor visible minorities in many ways. Data from the General Social Survey on Social Identity, the General Social Survey on Victimization, and the Canadian Legal Problems Survey each highlight some of these differences in terms of confidence in institutions, perceptions of and contact with police, and experiences of serious problems or disputes.

Perceptions of the police and other institutions were more negative among Black and Indigenous people. Black and Indigenous people were about twice as likely as non-Indigenous, non-visible minority people to state that they had little or no confidence in police. Linked to this, Black and Indigenous people more commonly felt that police were performing poorly at least one part of their job.

Indigenous people were more likely to have had contact with police in the previous 12 months, when compared with the non-Indigenous, non-visible minority population. Black people, on the other hand, had similar levels of police contact when compared with non-Indigenous, non-visible minority people.

In contrast to what was seen with perceptions of the police, Black people tended to be more positive than non-Indigenous, non-visible minority people in terms of the performance of Canadian criminal courts, in particular their ability to help victims and provide justice quickly. Indigenous people, who were much more likely to have had prior contact with Canadian criminal courts, had similar perceptions to non-Indigenous, non-visible minority people. The exception was the ability of the courts to ensure a fair trial for the accused, which Indigenous people perceived less favourably.

Serious problems or disputes were also considerably more common among Black and Indigenous people. In particular, problems related to discrimination were much more common among Black people. Indigenous people, in turn, were much more likely than non-Indigenous, non-visible minority people to cite serious problems or disputes with the police or justice system.

There was variation within the Black and Indigenous populations as well, reflecting the impact of other key individual characteristics. For example, Canadian-born Black people had far more negative perceptions of police than did Black immigrants. Indigenous women were more likely than Indigenous men to have experienced one or more serious problems or disputes in the past 3 years.

As more and more survey programs begin to prioritize the collection of sufficient data for disaggregation, and other sources internal and external to Statistics Canada begin to publish or share this information, further analysis of differential outcomes or experiences can be explored in order to better capture and understand the varied experiences of different groups in Canada.

Detailed data tables

Table 1 Confidence in institutions, by population group or Indigenous identity, provinces, 2020

Table 2 Perceptions of police performance, by population group or Indigenous identity, Canada, 2019

Table 3 Previous contact with police or criminal courts, by population group or Indigenous identity, Canada, 2019

Table 4 Perceptions of criminal courts, prisons, and parole system, by population group or Indigenous identity, Canada, 2019

Table 5 Serious problems or disputes in the past 3 years, by type of problem and population group or Indigenous identity, provinces, 2021

Table 6 Actions taken or reasons for not taking action to resolve most serious problem or dispute in the past 3 years, by population group or Indigenous identity, provinces, 2021

Table 7 Financial, health, and social impacts of most serious problem or dispute in the past 3 years, by population group or Indigenous identity, provinces, 2021

Survey description

Canadian Legal Problems Survey

In 2021, Statistics Canada conducted the first cycle of the Canadian Legal Problems Survey (CLPS). The purpose of the CLPS is to identify the kinds of serious problems people face, how they attempt to resolve them, and how these experiences may impact their lives. The target population for the CLPS is the Canadian population aged 18 years of age and older living in one of Canada’s 10 provinces, with the exception of those residing in institutions or living on-reserve.

Data collection took place from February to August, inclusively. Responses were obtained by self-administered online questionnaire or by interviewer-administered telephone questionnaire. Respondents were able to respond in the official language of their choice.

The sample size for the 10 provinces was 21,170 respondents. The overall response rate was 50.3%. Respondents in the sample were weighted so that their responses represent the non-institutionalized, off-reserve Canadian population aged 18 and older.

General Social Survey on Social Identity

In 2020, Statistics Canada conducted the General Social Survey (GSS) on Social Identity to provide an overall picture of Canadians' identification, attachment, belonging and pride in their social and cultural environment. The key components of the survey include the following topics: social networks, civic participation and engagement, knowledge of Canadian history, appreciation of national symbols, shared values, confidence in institutions, and trust in people. In addition, the survey also covers people's possible experiences of discrimination before and during the COVID-19 pandemic. The target population is all non-institutionalized persons and non-residents of First Nations reserves aged 15 years of age and older living in one of Canada’s 10 provinces.

Data collection took place from August 2020 to February 2021, inclusively. Responses were obtained by self-administered online questionnaire or by interviewer-administered telephone questionnaire. Respondents were able to respond in the official language of their choice.

The sample size for the GSS on Social Identity was 34,044 respondents, with an overall response rate of 40.3%. Respondents in the sample were weighted so that their responses represent the non-institutionalized, off-reserve Canadian population aged 15 and older.

General Social Survey on Victimization

In 2019, Statistics Canada conducted the General Social Survey (GSS) on Victimization for the seventh time. Previous cycles were conducted in 1988, 1993, 1999, 2004, 2009 and 2014. The main objective of the GSS on Victimization is to better understand issues related to the safety and security of Canadians, including perceptions of crime and the justice system, experiences of intimate partner violence, and how safe people feel in their communities. The target population was persons aged 15 and older living in the provinces and territories, except for those living full-time in institutions.

Data collection took place between April 2019 and March 2020. Responses were obtained by computer-assisted telephone interviews (CATI), in-person interviews (in the territories only) and, for the first time, the GSS on Victimization offered a self-administered internet collection option to survey respondents in the provinces and in the territorial capitals. Respondents were able to respond in the official language of their choice.

The sample size for the GSS on Victimization was 22,412 respondents, with a response rate of 37.6%. Respondents in the sample were weighted so that their responses represent the non-institutionalized Canadian population aged 15 and older.

Data limitations

With any household survey, there are some data limitations. The results are based on a sample and are therefore subject to sampling errors. Somewhat different results might have been obtained if the entire population had been surveyed.

For the quality of estimates from the CLPS, the GSS on Social Identity, and the GSS on Victimization, the lower and upper bounds of the confidence intervals are presented. Confidence intervals should be interpreted as follows: if the survey were repeated many times, then 95% of the time (or 19 times out of 20), the confidence interval would cover the true population value.

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