Funding to increase access to justice for racialized inmates in Nova Scotia

News release

Funding to increase access to justice for racialized inmates in Nova Scotia

March 6, 2024 – Halifax, Nova Scotia – Department of Justice Canada

Access to justice is a fundamental value in the Canadian justice system and an integral part of a fair society that respects the rule of law. The Government of Canada is committed to addressing systemic barriers in the justice system by providing fair and equal access to justice and legal services for vulnerable and traditionally marginalized groups, including racialized communities across Canada.

Today, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, with Lena Metlege Diab, Member of Parliament for Halifax West, announced $354,842 in project funding to the Nova Scotia Legal Aid Commission to improve access to legal information and support services for racialized inmates incarcerated in federal and provincial correctional institutions within Nova Scotia.

This funding supports the Prison Law Support Worker pilot project which promotes equity, fairness and empowerment for incarcerated racialized individuals, including Indigenous and African Canadian inmates who continue to experience disproportionate rates of incarceration in the province. A full-time Prison Law Support Worker assists inmates by:

  • triaging those who need legal advice; assisting and advocating for Indigenous clients to obtain parole in their home communities; and assisting clients in developing release plans and community supports in preparation for parole hearings
  • providing self-represented inmates with legal information and research which they would not otherwise be able to access while in custody and offering letter writing and other non-legal advocacy services regarding conditions of their confinement
  • reviewing legal documents and preparing court documentation such as affidavits and subpoenas
  • ensuring access to legal seminars and workshops on issues related to prison law, inmates’ rights under provincial and federal legislation, and the processes available to obtain legal remedies.

Justice Canada is providing more than $350,000 in funding for this project over four fiscal years (2022–2026) through the department’s Justice Partnership and Innovation Program (JPIP) which funds projects that support a fair, relevant and accessible Canadian justice system. JPIP priorities include access to justice, addressing family violence, and emerging justice issues.

The Nova Scotia Legal Aid Commission provides a range of legal aid services throughout the province to vulnerable and historically disadvantaged individuals who may not have access to justice due to socioeconomic barriers. Their services focus on three areas of the law: criminal, family, and social justice.

Quotes

"The overrepresentation of racialized individuals, including Black and Indigenous people in the justice system is a serious and complex issue rooted in systemic racism and the legacy of colonialism. By supporting the Nova Scotia Legal Aid Commission, we are helping bring systemic change and improving access to justice and fairness in our justice system for racialized individuals. Canada is also responding to the needs of these racialized groups by developing Canada’s Black Justice Strategy and the Indigenous Justice Strategy to address systemic discrimination and overrepresentation of Black and Indigenous people in the justice system.”

The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada

“Collaboration and partnership with legal aid organizations on matters impacting racialized individuals is critical to reducing systemic barriers in our justice system. The Nova Scotia Legal Aid Commission’s ongoing efforts to support the needs of racialized inmates is an important part of a national effort to combat systemic discrimination and to address the overrepresentation of Black and Indigenous people in the Nova Scotia justice system.”

Lena Metlege Diab, M.P.
Member of Parliament for Halifax West, Nova Scotia

“Nova Scotia’s Mi’kmaq and African Nova Scotian communities experience disproportionate rates of incarceration. The Prison Law Support Worker program is an innovative service model that is already making a meaningful impact in addressing the barriers to justice faced by incarcerated individuals, particularly those who are Mi’kmaq and African Nova Scotian. We are grateful to Justice Canada for supporting our work providing access to justice for underserved communities.”

Charlene Moore, KC
CEO Nova Scotia Legal Aid Commission

Quick facts

  • Through Budget 2021, the Government of Canada committed $21.5 million over five years to support the provision of culturally appropriate legal information and resources and to pilot legal advice services for racialized communities across Canada. To date, 30 projects, including the Prison Law Support Worker project,have received funding through this investment, which is administered by the Justice Partnership and Innovation Program at Justice Canada.

  • Vulnerable and traditionally marginalized populations face additional barriers to accessing justice, including in relation to gender and gender identity, race, culture, religion, age, language, literacy, disability, income and geographical location. (A Series of Qualitative Studies on Serious Legal Problems, Justice Canada, 2021; 2022)

  • In 2020/2021, despite representing about 4% of adults in Canada, Black people accounted for 9% of the total offender population in federal corrections. Black offenders are equally overrepresented among admissions to provincial correctional institutions. In Nova Scotia, Black adults made up approximately 3% of the adult population, but they accounted for 11% of admissions to custody and 7% of admissions to community services in that province. (Overrepresentation of Black people in the Canadian Justice System) Justice Canada.

  • The External Steering Group Report for Canada’s Black Justice Strategy will be released in 2024. The release of the Implementation Plan for Canada’s Black Justice Strategy is also planned for 2024. Informed by the strategic advice provided by the external Steering Group, community consultations and engagement, and an online survey, the Strategy will serve as part of the federal government’s response to address anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in the criminal justice system, including as victims of crime. The Strategy will aim to ensure that Black people have access to equal treatment before and under the law in Canada.

  • In 2015/2016, Indigenous adults comprised 4.1% of the Canadian adult population but accounted for 28% of admissions to federal custody and 27% of admissions in provincial/territorial custody. In Nova Scotia, there were double the number of Indigenous offenders relative to their proportion of the general population. (The Canadian Criminal Justice System: Overall Trends and Key Pressure Points, Figure 5, Justice Canada, 2017).

  • In consultation and cooperation with First Nations, Inuit and Métis, Justice Canada is leading the development of an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. This work is also being advanced in close collaboration with provinces and territories given their key role and jurisdiction in relation to the administration of justice in Canada.

  • The Indigenous Justice Strategy, planned for release in 2024, responds to eight of the Truth and Reconciliation Commission of Canada’s Calls to Action (30-34, 38, 40, 42, 50), and is informed by the Missing or Murdered Indigenous Women and Girls National Inquiry’s Final Report (MMIWG Report).

  • The MMIWG Report’s Justice chapter (Calls for Justice 5.1 through 5.25) contributes to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act, specifically Action Plan Measure 28. This calls upon law schools in Canada to require all law students take a course in Aboriginal people and the law, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations.

  • Since January 2023, Nova Scotia Legal Aid’s Prison Law Support Worker project has already assisted 379 racialized people incarcerated at federal and provincial institutions in the province, and a total of 831 individuals have received services through the project.

Associated links

Contacts

For more information, media may contact:

Chantalle Aubertin
Deputy Director, Communications
Office of the Minister of Justice and Attorney General of Canada
613-992-6568
Chantalle.Aubertin@justice.gc.ca

Media Relations
Department of Justice Canada
613-957-4207
media@justice.gc.ca

Alisha Brown-Fagan (she/her)
Manager of Legal Programs
Nova Scotia Legal Aid Commission
902-420-6095
Alisha.Brown-Fagan@nslegalaid.ca

Morgan Manzer (he/him)
Communications Strategist & Lawyer
Nova Scotia Legal Aid Commission
902-420-6578 [c] 902-452-3285
Morgan.Manzer@nslegalaid.ca

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