Youth criminal justice system inequity

Written by Norma Nicholson

We live in a “See something, say something” culture that has lured civilians into the hyper-surveillance of Black children and youth. If we see a suspicious character lurking around our neighbourhood or local store, we can call the police and file a report.  Systemic oppression and marginalization of racialized youth are routinely stereotyped as foreigners or immigrants, even when they and their parents are born in North America. They are viewed as criminals just by walking and talking with peers.

Are you surprised to hear that racialized children and youth who are born in Canada experience more racism and discrimination than those who immigrated to Canada? When Canadian-born racialized youths are asked, “What country did you immigrate from?” and they respond none, it is assumed they are telling lies. These kinds of interactions with law enforcement decrease their trust and cause them to disengage. Contentious issues, even when minor, often lead to higher rates of arrest, fewer diversion opportunities and differential and harsher treatment for Blacks and other minority youth.

Lived experience of a 14-year-old Black youth who was seen walking north on a local street in his own neighbourhood, on a Monday morning when all teens should be in school. It was 10:00 a.m., he walked slowly, shoulders and head hung low and stopped to look at the entrances of several homes. He was reported to the police by a passerby as suspicious and appeared to be looking for opportunities to break into homes.

The police vehicle drove up the street; the officer stopped and came out of her vehicle. She asked the teen, “Why aren’t you in school?” “What country did you come from, and when did you arrive in Canada?” He looked up and did not respond, and he kept walking. The officer viewed this situation as being disrespectful. He was warned that if he did not obey the order to stop, he would be taken to the police station. This youth ran away from the police officer, not because he was guilty of doing wrong, but because he was terrified and traumatized.

He was caught by two officers and taken to the station for questioning. He asked to speak with his mother. He was placed in a cell; he gave the phone number to the officer who called his mother. Even though news stories about youth and crime shake our sense of safety, the facts do not support this dangerous and fictitious narrative. When children and teens get in trouble, they need support, not to be thrown in jail. This youth became very angry.

This Black youth was born in Canada; he did not arrive from another country. His hero, his dad, died recently. He was grieving the loss of his most valued role model and could not attend or concentrate in a classroom setting. Walking helped him to grieve.

Contrast this situation, when an officer stopped a 14-year-old White student who presented with a similar demeanour, on a nearby street and should have been in school. That youth refused to respond to the police officer’s question of, “Son, why are you not in school?” This youth was given a lesson on the importance of being in school and was directed to go to school immediately or go home.

Living in a society that is based on skin colour hierarchy creates a complex set of challenges for children and youth of colour. The privilege of childhood has never been afforded to all children. Society criminalizes normal adolescent behaviours among racialized youth more than their White counterparts. This prevails even today.