Criminalization of Blackness: Wrongful Convictions of Black Canadians

• In Event: How the Justice System Treats People Matters

Abstract

Researchers have extensively studied the racialization of wrongful convictions and the racial disparities in who gets wrongfully convicted and for which criminal offenses. Despite a growing body of research on race and wrongful convictions, there’s far less research that focuses on the racialization of wrongful conviction in Canada, and one that specifically focus on the wrongful convictions of Black Canadians. Drawing from critical race theory and critical race feminism, this paper examines the wrongful conviction of Black Canadians. I explore the cases of Leighton Hay (R v Hay), Maria and Sean Hosannah (R v Hosannah), O’Neil Blackett (R v Blackett), and Tamara Broomfield (R v Broomfield) to examine how Anti-Black racism contributed to these wrongful convictions. My findings show that criminal justice staff (judges, lawyers, forensic pathologists, medical doctors, police officers etc.) often associated Blackness with criminality by drawing racist stereotypes about Black peoples hair, gestures, and physical appearances as factors for committing crime. I also found examples of racism and sexism toward wrongfully convicted Black parents, including those who had prior or ongoing involvement with children’s aid.

Author

• Manzah-Kyentoh Yankey, University of Alberta