Proceeding of the Standing Senate Committee on
Human Rights
Issue No. 26 - Evidence - Meeting of February 28, 2018
OTTAWA, Wednesday, February 28, 2018
The Standing Senate Committee on Human Rights met this day at 11:30 a.m. to study the issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada’s international and national human rights obligations.
Senator Wanda Elaine Thomas Bernard (Chair) in the chair.
[English]
The Chair: Good morning, senators.
First, is it agreed, senators, that Senate Communications be authorized to take photos during this meeting?
Hon. Senators: Agreed.
The Chair: Thank you.
I will ask senators to introduce themselves, starting with the deputy chair.
Senator Cordy: Good morning. I’m Senator Jane Cordy from Nova Scotia. Welcome.
Senator Pate: Kim Pate from Ontario.
Senator Hartling: Nancy Hartling from New Brunswick.
[Translation]
Senator Brazeau: Patrick Brazeau from Quebec.
[English]
Senator Ataullahjan: Senator Salma Ataullahjan from Ontario.
Senator Andreychuk: Raynell Andreychuk, Saskatchewan.
The Chair: I’m Senator Wanda Thomas Bernard from Nova Scotia and chair of the committee.
Today we are honoured to celebrate Black History Month. The UN General Assembly has proclaimed 2015 to 2024 as the International Decade for People of African Descent. This resolution encourages countries to implement policies and programs that combat racism and strengthen the economic, social, cultural, civil and political rights of people of African descent so that they may enjoy full and equal participation in all aspects of society. The central themes of the resolution are recognition, justice and development.
On January 30 of this year, Prime Minister Trudeau stated that the international decade offers a framework to better address the very real and unique challenges that Black Canadians face. By working together, we can combat anti-Black racism and discrimination and deliver better outcomes for Black Canadians.
On that note, we are thrilled to host today some very exceptional witnesses to speak about work being done in their communities to address concerns and challenges faced by African Canadians.
On our first panel, joining us by video conference, we have Marjorie Villefranche, Director General, La Maison d’Haiti, and with her is Guelda Amazan, who is a coordinator of women’s issues at the centre. Thank you. We’ll have you start first, followed by Sergeant Craig Smith, Board Chair and President of the Black Cultural Society of Nova Scotia. We will begin with Ms. Villefranche.
Marjorie Villefranche, Director General, La Maison d’Haiti: Thank you. You may need a translation because I’m going to speak in French. Is it all right?
The Chair: Yes. Please do speak in French. We’ll ask you to speak slowly for interpretation, but we all have interpretation.
[Translation]
Ms. Villefranche: I salute the Senate and thank you for listening to us.
Before talking about the International Decade for People of African Descent, I would like to recall that Canada’s decision was in line with the Durban final declaration of 2001. We must also remember what we have already adopted.
We would like to discuss some objectives that are far from being met. First was the eradication of poverty, especially in areas predominantly populated by persons of African descent, who are subject to racism. Next was putting an end to slavery and contemporary practices similar to slavery. Then we said we would identify the factors that prevent persons of African descent from achieving equality in all respects. I think we have to look at these declarations again and use every means possible to achieve those objectives.
With respect to migrants, even in 2001 in Durban, we agreed to actively discourage any event and racist act that could promote xenophobia, the rejection of migrants or hostility toward them, and to call upon states to promote and fully and effectively protect the basic human rights and freedoms of all migrants. We also noted that police and immigration services must treat migrants with dignity and without discrimination.
In the past year, there has been an increase in the number of migrants of African descent seeking asylum in Canada, especially in Quebec. I can tell you that, at Maison d’Haïti, we are on the front lines working to welcome these people, who are primarily from Haiti and Nigeria.
Canada is now making every effort to discourage them from coming and is thereby refusing to protect them. In short, we have failed thus far in achieving the objectives of the Durban declaration.
What about the current decade? Let me say this. We have to consider that the Americas have engaged in the practice of black slavery, that is, persons of African descent were brought here by force to be sold and enslaved, for close to three centuries. Before we can talk about fraternity and reconciliation, let us remember that the black slave trade included black men, women and children. This crime against humanity must be acknowledged and requires reparations.
It must be recognized because, 300 years after this horrible crime against humanity, some Western countries are still reluctant to express their regret and apologize. Reparations are needed because slavery was a social and economic system based on the acculturation and exploitation of human beings.
One of the objectives of the decade is to recognize and express profound regret for the suffering and unspeakable harm done to millions of men, women and children through slavery, the slave trade and the transatlantic slave trade. We are therefore calling on Canada to show leadership on this issue and to take active measures to encourage all states that engaged in the black slave trade and benefited from it to apologize for the grave and widespread violations committed, and to make reparations through concrete measures to restore the dignity of persons of African descent.
Acknowledgement also requires Canada to accept its moral duty to recognize the lasting effects of these racist and degrading practices on persons of African descent. We call upon Canada to address the causes and the racist practices themselves, and to adopt appropriate, effective and long-term measures. We demand concrete reparations in this regard.
Canada must adopt and implement well-funded national programs in order to establish projects and initiatives to fight racism, racial discrimination, xenophobia and intolerance.
Canada must develop national action plans to promote the cultural heritage of persons of African descent and their positive contribution to the country’s history. Canada must establish an appropriate Afro-entrepreneurship fund in order to improve the economic prospects of black communities in Canada. Canada must submit to the UN a resolution calling for the establishment of an international reparations fund for the countries whose population consists primarily of persons of African descent.
To counter racism and discrimination, Canada must offer protection to persons of African descent because they face multiple forms of compounded discrimination. Canada must establish measures to provide for the full, equal and effective participation of persons of African descent. This requires education free of racist and discriminatory content and negative stereotypes, that is, education that does not promote the exclusion of children of African descent. Canada must adopt an affirmative selection program to increase the number of teachers, public servants and employees of African descent.
On September 7, 2001, the representative of Brahma Kumaris World Spiritual University, a non-governmental organization, made a statement to the UN’s World Conference on Racism, which still warrants special consideration today. That statement was as follows:
The root cause of racism and discrimination is thus a crisis of identity at the individual and collective level. Bringing about the required change in attitudes and ways of life, and in equality and justice, requires a process of healing, accompanied by the rediscovery of the true self and re-identification with the unity of the larger human family.
[English]
The Chair: Thank you.
We’ll hear now from Mr. Smith and then open it up for questions.
Craig Smith, Board Chair and President, Black Cultural Society for Nova Scotia: Good morning, members of the Senate and guests. I want to take the opportunity to give a special thank you to Senator Wanda Elaine Thomas Bernard for support of the Black Cultural Centre and acknowledge that that support came long before she was called to the upper chamber. As she sits as only the third African Nova Scotian to serve as a member of the Canadian Senate, she continues to help shine a spotlight on what I consider to be a very unique piece of Canadian history, the Black Cultural Centre in Nova Scotia.
At the heart of the Black experience is an exciting narrative for all Canadians to learn about and to learn from. I mentioned the panels that you see here in the room with you, four that I brought up with me from the centre. The one here to my right shows Portia White, a well-known and famous classical singer and one of our first African-Canadian superstars of classical music in this country. The one to my left acknowledges the War of 1812, which brought over 2,000 Black individuals to Nova Scotia starting in September of 1813. In the hallway we have one that looks at the Jamaican Maroons who came to Nova Scotia and helped rebuild the fortification at Citadel Hill, or Fort Citadel as it was called at that time, and who also helped to build Government House, the home of our sitting lieutenant governor. The last one is a display that looks at just Nova Scotia as being the birthplace of Canada’s Black community.
I’d also like to bring condolences from Nova Scotia on the passing of the Honourable Howard McCurdy. He was no stranger to our province and, in the early days of Black History Month, which we started in Nova Scotia in 1984, he was a frequent participant and guest and somebody who was no stranger to us there. On this occasion, I want to acknowledge his passing.
As well, February 28 being Pink Shirt Day, I did my part for anti-bullying and made sure I incorporated it into what I wore here this morning with you.
I am honoured to be here today as a proud sixth-generation Canadian, board chair and president of the Black Cultural Society for Nova Scotia and a 21-year veteran of the Royal Canadian Mounted Police. Black Cultural Society for Nova Scotia is an organization that came into existence through the leadership of the late Dr. Reverend William Pearly Oliver, and he gathered together 26 other Black individuals from across the province. His desire to provide a place to preserve, protect and promote Black culture and heritage in the province came to fruition in September of 1983 when the Black Cultural Centre officially opened its doors. I might add as well that at that time, it was done through the coffers of both the provincial and federal governments.
Now, some 35 years later, our footprint continues to grow through events like the launching of the numerous stamps that we’ve done in collaboration with Canada Post, starting with the William Hall stamp, and we also helped to unveil the Dr. Carrie Best and Viola Desmond stamp, and then lastly the stamp to commemorate the No. 2 Construction Battalion.
On an annual basis, for the last 25 years, we have been holding celebrations to acknowledge the No. 2 Construction Battalion and, during their 100th anniversary year, 2016, we coordinated events throughout the province.
This past year, on the 50th anniversary of David Downey winning the Canadian Welterweight title and Whitney Pier, Cape Breton’s Isaac Phills being the first Black appointed to the Order of Canada, we continued the legacy of recognizing those outstanding individuals and accomplishments of African Nova Scotians.
Our role to be a major voice in telling the African-Nova Scotian and African-Canadian narrative continues as well. In recent years, the Black Cultural Centre has begun to re-establish itself by collaborating on the creation of several new publications, and we will begin to create even more materials that will help to educate the general public, young and old, about our history and our legacy.
We have forged ongoing relationships over the last 35 years with organizations like the RCMP — we housed its very first satellite and community office in the province; the African United Baptist Association, who also operates out of our building and is the oldest Black organization east of Montreal; the African Nova Scotian Music Association, which we collaborate with and they hold a space in our building as well; and the Canadian military who annually help us with the coordination of the No. 2 Construction Battalion event.
In more recent years, we’ve started connections with the BC Black History Awareness Society and done work with them. Most recently, in February, I was in Regina, of all places, as their keynote speaker as they launched Black History Month in Saskatchewan. That was done through a partnership that we now have with the Saskatchewan African Canadian Heritage Museum.
I spoke to three schools when I was out there, and one of the things that we did recognize is the fact that our story still isn’t being told across this country and that there is still more unknown than there is known about who we are and our place in Canadian history. It’s shocking in some respects. In 2018, one would think that with some of the publicity about things like Viola Desmond — I must say that at least half the hands went up in classrooms this time when her name came up. If I think back a few short years ago, I would usually do a comparison and ask how many knew who who Rosa Parks was, and almost every hand would go up in the classroom. Then I would ask who Viola Desmond was, and very few hands would go up. We have made progress in that respect, but there’s still much work to be done. When I speak about individuals like the late Dr. Daurene Lewis, or her great-great aunt Rose Fortune, who is recognized as the first Black unofficial police woman in North America, very few hands go up. So there is still much to be talked about in that legacy. Of course, Daurene Lewis was the first Black female mayor in all of Canada. So there are still a lot of new ears that that kind of information is falling on in 2018, and that tells us that we have a role to play in ensuring that, across this country, more is known about the history and contributions.
We connected with the group in Saskatchewan, and we hope to take our stories up North and to First Nations and Inuit communities aimed at empowering young women of colour by highlighting the 60, and I underline 60, African-Canadian females that are in the RCMP presently, out of a force of 19,000. Definitely women of colour in our organization represent women in non-traditional careers. Our project is aimed at building the inner self and positive reinforcement through the lens of somebody else and somebody who looks like them by being a person or woman of colour. Much has been done through the RCMP and with the Black Cultural Centre to better the relationships in Nova Scotia between the two over the last 25 years. We see this as a further expansion in going across the country.
The other piece of what we’re working on with our partners is getting our story, our history, the Canadian history, into the classrooms of our country as well. What we have learned as we travelled across the nation is that if you don’t know, it’s so much easier to dismiss a people and their culture, but if you know, even just a little more than we were slaves, then it starts you on a journey of discovery. For many Canadians, Lawrence Hill started that journey for folks. But there’s so much more to discover and, as you discover that we’ve had a presence here in this country for over 400 years, the walls that keep us apart start to falter. When you learn about the valour of people like Able-Seaman William Hall and Dr. Anderson Ruffin Abbott, the ignorance of not knowing that is used to separate us starts to crumble.
The expansion of one’s own personal knowledge in learning about the Black homesteaders on the Canadian Prairies who came to Canada in the late 1800s or some of the first non-First Nations settlers in British Columbia who were Black, like the Starks in Salt Spring Island, blows open the shutters of reality. Collectively, these stories and others, like those of Dr. Alfred Shadd in Regina, William Sylvester Beal in Winnipeg, Mary Matilda Winslow in Saint John, New Brunswick and, of course, our own iconic Viola Desmond, will become a beacon of enlightenment that can never be extinguished.
Our belief is that true acceptance, not tolerance, comes from having a mutual respect for one another. When the wider public knows as much about me and my history as I already know about you and yours, through schooling, it takes away the blanket of darkness that is shrouded in fear and the unknown.
There is still much work to be done, and all of us here in this gathering today and across the country have a part to play in it. It’s symbolic that today is the last day of African Heritage Month. As we gather here on that last day, and we’re looking at being within the International Decade for People of African Descent and on the heels of the formal recognition that Prime Minister Trudeau did earlier in Black History Month, it’s a time to recommit. It’s a time to recommit to getting this African-Canadian narrative, the Canadian history, out to a larger audience, to a wider audience, to more folks, to our children and our grandchildren and those succeeding generations that will come after them. The time is now. The opportunities are there.
The Black Cultural Centre plays its part in doing what it can in Nova Scotia now, of course, and moving across the country with the connections that we’re making. We’re at a time when there’s still a whole lot of work to be done, and we would like to play a part in connecting all those pieces across this country. Now is the time.
The Chair: Thank you, Mr. Smith. We’ll now open it up to questions for both of our speakers, starting with the deputy chair, Senator Ataullahjan.
Senator Ataullahjan: I thank both witnesses for being here.
My question to you, Mr. Smith. When the Prime Minister announced the International Decade for People of African Descent, amongst the press, there were no questions asked or they didn’t express too much interest. How do we change this narrative? How do we speak? African cultures have existed for thousands of years. They have a history. They had traditions. Why are we not hearing of that? When they were brought as slaves, they already had established culture and customs, the cradle of humankind. Why are we not hearing about that? Why do we just see the negative portrayal? We need to learn about it in schools, in the newspapers and maybe stories that families need to pass on to each other also.
Mr. Smith: I think if we look at things historically, there was a very systematic dehumanizing of Black people, in particular, that came from Africa. So if we look at the transatlantic slave trade, you couldn’t have the transatlantic slave trade and people being looked at as property, as animals and somebody to be owned, if you talked about the great nations back in African. You can only do that if you cut off what were the great experiences and the great empires and the advancements at Timbuktu and a lot of other places. If you disconnect people from that and only talk about the existence of Black people in North America starting with slavery, then it becomes very easy to dismiss that from being taught in classrooms or being included in what children are learning. The fact that we are still at a point where the vast majority, unfortunately, of Canadians believe that our history starts with slavery tells you that there’s been a lot that has been missed.
How do we reconnect all of that? How do we ensure that those things are included? It can’t be done haphazardly. It can’t be left up to just one organization or one group to do it all. I really think that there has to be a national dialogue on it. I took part in an event last week in Halifax where Anna Maria Tremonti from The Current talked about Black history and the struggles of Black people, in particular in Atlantic Canada. But it’s things like that, making sure that the larger community and the larger public learns and hears about it. If it’s just left up to the individuals in the classroom or the individuals in the province to incorporate this kind of stuff into learning when they don’t know it themselves, then it becomes very hard to include something. If it has not been looked at as being important or the message isn’t sent through the ministries of education or the different things at those levels that this is something that should be incorporated, it becomes very hard to do.
I do training with RCMP members, and one of the things that I talk about in our organization is that race relations and trying to make inroads within the racialized communities has to be a continuous work in progress. It can never be an, “Oh, we got there.” The moment we think we got there, we’re already starting to slide back. It has to be continuous. I know it becomes hard because in organizations where people change and leadership changes, so do priorities. But if we are going to make any advancements, there has to be somebody who believes that what we’re trying to do is important enough that no matter who the chair is, that changes, but the philosophy of what needs to move forward continues. And that becomes extremely hard to do.
Senator Ataullahjan: Do you feel your message is being heard? It has to be done on a national level, many departments. Is the message being heard? Do you see any change?
Mr. Smith: I see change, but I don’t see change collectively across the country. I don’t see change that comes quickly enough. When I was in Saskatchewan and there are still people that don’t know about Dr. Alfred Shadd, didn’t know there’s a Saskatchewan African-Canadian heritage museum in existence, didn’t know that there were Black people on the Prairies in 1895 and 1896, then that tells me that not enough is being done. Folks don’t know the fact that when the Commodore set sail from San Francisco and landed in Victoria in 1867, there were Black people on there that came up from the United States and settled in Victoria. When folks today don’t know any of that history, then enough isn’t being done.
Senator Cordy: Thank you very much to the witnesses who have come before us today to share your stories about Black history, challenges and moving forward. It’s been very exciting.
I’ll show my Nova Scotia roots and start with you, Sergeant Smith. I am glad you brought the poster of Portia White. She was actually a relative of our former colleague Senator Oliver, and he spoke many times in this chamber about Portia White and what she brought to culture, both in Nova Scotia and around the world.
It’s interesting when you talk about the Black Cultural Centre being 35 years old. I remember taking my students there. I remember the first time that we went there and we heard from the first and only Black RCMP officer, who spoke to the students, and for you to tell us today that there are now 60 Black women RCMP officers, it is a very positive step in the right direction.
I wonder if you could talk to us about the importance of having a facility like the Black Cultural Centre in Nova Scotia to serve as a focal point for the history and things that have to be done. I want to thank you, previous chairs of your board and people who work there because it is an exceptional gem within our community.
Mr. Smith: I took over as board chair two years ago; I’d been a board member prior to that. I worked at the North Branch Library when we started Black History Month in Nova Scotia in 1984. Since that time, I’ve been entrenched in our history and culture, recognizing, as I talked to more students and teachers, how little people knew. Directing them to the cultural centre is one thing I and we would do.
Having been involved now in the cultural centre for a number of years, the importance — I don’t know where to start. When we started the No. 2 Construction Battalion 100th anniversary celebrations is when things became clear of just how important it was. Phone calls came in from across the country and the United States with people talking about the fact their grandfather or great-uncle were members of the No. 2, and they were looking for information and material. Through the efforts of the late Senator Calvin Ruck, we have the repository of information on the No. 2 — the pictures, material and information. We were able to start collecting and passing out across the country and North America information on the No. 2 Construction Battalion because of that. It really drove home how important the centre is on such a wider scale.
Then there’s just the endless amount. Today, for instance, we had a Black History Month event where school kids wrote essays on their most significant African-Nova Scotian individual. We had an event there today to celebrate them. There are a number of different things we now do on a regular basis in the centre. We started to grow so much in the last number of years. We have schools that come year round. We have schools that come down from Toronto to visit the centre, to connect with the history there. We have a seniors group from Kansas City who have been here for three years. They come every year with another group of seniors from Kansas City to connect with the Black Cultural Centre, with heritage and, as they say, their cousins to the north. When I talk about us being a gem, it’s because of those kinds of things: connecting and being the place that has that information.
I was at an event two weeks ago where the University of King’s College announced they are doing research on the connection between King’s College and slavery in Nova Scotia. That is kind of following on what Howard University did in the States a number of years ago. Howard University was King’s College in the U.S. prior to becoming Howard University. Therefore, there’s a direct linkage, because folks from Howard came to Nova Scotia and established King’s College. So the cultural centre is involved in those kinds of things as well — scholarly reports and information being done. That reinforces our importance and place in Atlantic Canadian Black history and, as we move on, in Canadian Black history.
Senator Cordy: Ms. Villefranche, I was on a committee that did a study on mental health and mental illness. When I look at the challenges faced by people who have come from Haiti and Nigeria, I think you said, are there challenges within the community around people who have suffered so much before they came to Canada and then in trying to find a sense of community once they arrive here in Canada? Also, are there resources in place to help people with their settlement and to help people to have good mental health?
[Translation]
Ms. Villefranche: You have to understand that the individuals arriving in Canada from Haiti and Nigeria have not come directly from the United States. They have come from South America and have made a very long journey to get to Canada. Some of them have come through Brazil and made the journey to Canada by land. It has taken them three or four months to get here. They are fleeing an impossible situation, in which their rights were not respected or they were not protected. They are seeking protection. When they got to the United States, they realized that they would not be protected there, so they decided to cross the border into Canada.
We welcome them in Canada and give them all we can in terms of assistance and protection. Some of these people have had traumatic experiences and have post-traumatic shock. Since they have post-traumatic shock, it is even more difficult for them to do what they have to do to get their immigration papers. That means they are still living with uncertainty. They do not know whether they will be able to stay in the country or what will become of them.
Moreover, they have brought their children with them to Canada. According to our figures, nearly half of the asylum seekers right now are children under the age of 17. There is a huge group of children. These people have their children with them and there are a lot of children in those groups. These people are already experiencing post-traumatic stress and the uncertainty of their situation is increasing their stress. There are immigration rules in Canada, of course, and they have to go through that, but they clearly need assistance because they are in a difficult situation.
[English]
Senator Cordy: Is community support available when they arrive and for the first few years, at least, while they are here in Canada?
[Translation]
Ms. Villefranche: Providing that support is part of our work at Maison d’Haïti. We will, of course, need a lot more resources. At Maison d’Haïti alone, we have welcomed over 6,000 people in a few months, which is a huge number. Clearly, we are trying to give them that support, but we obviously do not have sufficient resources.
[English]
Senator Andreychuk: I have questions for both our witnesses. Thank you for coming, and thank you, Senator Bernard, for your initiative to highlight the Human Rights Committee at this very important month that is Black History Month.
Mr. Smith, your first comment was, of all places, Regina. I couldn’t let that one go by. I hope that wasn’t a bad experience from your days at Depot, as I used to teach there. I have a feeling we have a connection there.
Part of the problem, you say, is that we don’t know Black history. We don’t know Aboriginal history or other history. History has fallen off as a value in our school systems. Am I correct in the assessment that if we went through the schools, everyone is really not involved, particularly because of these things that we have? We’re hearing today, we’re doing today, but we’re not valuing our community and our history. Is that your perception, too? If so, are you relating to other groups to really get that education concept forward?
Mr. Smith: First of all, I agree.
I will go back to the start. My trip to Regina was wonderful but too short because it was only three days. Beside going to the schools, I actually addressed the cadets at Depot for Black History Month on Black history in the RCMP as well.
But I would say you’re right. If we go into the classrooms, ours isn’t the only history being neglected or overlooked. The reality is that when ours hasn’t been included, as well as First Nations and a number of other Canadians of colour, it’s important. When we’re looking at a Human Rights Committee, the more we know about each other, the less we fear each other and, hopefully, the more we treat each other as equals as opposed to not seeing each other. There needs to be a move afoot for all people’s histories to be included within the educational setting.
I encourage all organizations and groups. A number of years ago, I wrote a book called You Had Better Be White By 6 A.M., which told the history of Black members in the RCMP. At the same time, I was also encouraging our Mi’kmaq members in Nova Scotia to write the book of the history of Mi’kmaq members, because theirs was unique in that they became special constables before they were allowed to become constables, and I thought that story needed to be told as well. When I undertook my book, I wanted to start by doing a book on diversity in the force, covering all. I recognized that it was going to be too big, so it became a matter of “tell what you know” — the Black experience — and then encourage other folks to tell their stories as well. It’s always been about strength in numbers and not about standing alone. We haven’t gotten to where we are now because we stood alone. It has been because of those other folks who put a hand out and reached down or across to say, “We’re here to support,” and that needs to continue.
Senator Andreychuk: Do you also document the Freetown experience in history? That is interesting for those of us who have worked in Africa. The history is both ways, and I met a very valuable Nova Scotian, a woman who actually left Nova Scotia and was still living and had recollections of Nova Scotia. Their unique history needs to be written about more often and the linkages should be made.
Mr. Smith: Half of the Black Loyalists that came to Nova Scotia starting in 1782 — and if you’re familiar with The Book of Negroes, you will have read about them — decided to relocate to Sierra Leone in West Africa when they recognized the fact that the promises made to them by the British were not being adhered to once they got to Nova Scotia. Over half of that population went and helped to found the city of Freetown in West Africa. Therefore, in Sierra Leone, if you look a phone book in Freetown, you will see names synonymous with Black people here in Nova Scotia because, in some cases, parts of families and left and some stayed.
We were lucky this year in that we had the opportunity to connect with Lieutenant Commander Paul Smith, who was the first Black Canadian to be captain of his own ship and who made the trek from Nova Scotia to Sierra Leone, to Freetown. Being Jamaican, it finished the triangle for the Maroons coming to Nova Scotia and then going to Sierra Leone. He was able to resurrect that whole story because of the coverage that he got and because of all of the media that surrounded that.
Yes, it is a story that needs to continue to be told, definitely. We have established linkages with Freetown and with Sierra Leone and continue to do so. We sent material there for them to know about who we are over here and our ancestral linkage.
Senator Andreychuk: Ms. Villefranche, you talked about the decade, and I want to know whether you have contributed to any government initiatives for the full decade and how you work with the UN on this initiative. Is it something you’re doing in the community in your organization, or are you jointly working with the Canadian government? And if so, is there some framework that we should know about?
[Translation]
Ms. Villefranche: First, with regard to the decade, we have created the Sommet socio-économique des jeunes des communautés noires in Quebec, a summit to provide socio-economic support for black youth. Quebec has various francophone and anglophone black communities. We have set certain objectives for the decade. In order to achieve them, we have to appeal to the Government of Canada and request certain things, including recognition of this decade. As we said earlier, we must call upon Canada to show international leadership and make certain requests of other countries. In my opinion, Canada is in a good position to demonstrate that leadership. The whole issue of acknowledgement and reparations to persons of African descent is extremely important.
I would also like to answer a question from the senator before you. I said earlier that Canada must develop national action plans to promote the cultural heritage of persons of African descent. Persons of African descent have given Canada a wonderful Afro-Canadian culture. That culture must first be recognized and promoted, as it is an asset for all of Canada. We have brought African cultural values. As to persons of African descent, we are referring to persons in Canada, as well as those who have come from other countries in America. We have enriched Canada with a wonderful Afro-Canadian culture.
[English]
The Chair: I have a supplementary to Senator Andreychuk’s question with regard to Canada showing leadership. I want to tie that back to the statements you were making, Ms. Villefranche, about the need for reparations and the need for an apology. I think you said that Canada should be apologizing for this history of slavery and there should be reparations. When you look at those needs that you have identified and then also say that Canada can take a leadership role, how can Canada take a leadership role if it hasn’t taken further the recognition to the stage of apology? I think that’s what you were saying, but I would like to hear a bit more about that.
[Translation]
Ms. Villefranche: Yes, we are calling on Canada to accept its moral duty to recognize the lasting effects of this degrading, racist practice. Canada must first recognize that slavery was practised here and must establish programs for reparations. I also know that Canada is in a good position to take on that leadership role. What we are asking involves two steps: first recognition, apologizing and asking for forgiveness; then demonstrating leadership to encourage other Western countries that engaged in the black slave trade to follow suit.
[English]
The Chair: Thank you for the clarification.
[Translation]
Senator Brazeau: My question is for the representative of Maison d’Haïti. As you know, many Haitians have crossed our border from the United States owing to U.S. government policy. Please tell us about the concerns, fears and needs those people have once they arrive in Canada. I am referring in particular to those who were given shelter at the Olympic stadium last summer.
Ms. Villefranche: First, those people have to fill out the papers and go through the whole immigration process. They are worried because they do not know what will happen to them. Some of them have crossed several borders to get here with their children. Their first need is to be reassured and protected. Thus far, Canada has shown that it will protect these individuals.
The other needs relate to settlement in Canada. Once again, Canada has taken appropriate action by offering that guarantee. I would like to give the floor to Ms. Amazan, who will talk to us about her work with the young people, women and families in the community.
Guerda Amazan, Women’s Issues Coordinator, La Maison d’Haïti: As Ms. Villefranche said, their needs fall into different categories. At a broad policy level, we got the answer that would normally be expected from the government in terms of providing care and refugee status. They have practical needs, and that is where the community organizations come in. The families are often isolated. These people are suffering the psychological effects of violence, uncertainty and self-doubt.
As Ms. Villefranche said, some families have travelled through four or five countries, through the Dominican Republic, Chile, Nicaragua and Colombia, and then into the United States, where they were incarcerated, and then came to Canada. Canada is the host country. It is the last resort in a way. So we have to consider all these factors.
Like other community organizations, Maison d’Haïti works to meet certain practical needs. We are limited, however, because different types of psychological training are needed.
Providing decent housing with furniture is one need. Getting children settled in school is another need, with the usual support. Some children speak Creole or English only. In some cases, the system and the host environment are not suited to their multiple needs. The government has a role to play and so do the community organizations. Everything has to come together in order to effectively meet their needs.
Senator Brazeau: While nothing is perfect, would you say at least that you and the government are helping these people?
Ms. Villefranche: Yes, I think so. These people have found some protection in Canada. There are community organizations that are supported by various departments to provide the minimum that Ms. Amazan referred to.
Ms. Amazan: With regard to employment, Maison d’Haïti has been trying to establish partnerships with companies in order to place these people. The demand is huge, however, and there is so much to do. In your brief, you make demands regarding Canada’s international obligations, as well as its duty to provide appropriate support within Canada.
Ms. Villefranche: Ms. Amazan talked about Canada’s international duty. We also have international obligations to migrants in general. We have to think about Canada’s position as a member of the United Nations, as regards the protection of migrants in general. One of our obligations is to adhere to the convention on refugee protection.
[English]
Senator Hartling: Thank you for being here and for your presentation. It was very interesting. I grew up in Nova Scotia and live in New Brunswick now. Regarding some of the things you’re saying, I’m thinking “I need to do more research,” because you’re enlightening me.
Mr. Smith, in the last five or ten years, have you seen changes or improvements, and where do we need to go next? We need education in the school systems, but are there other things we could be doing to move things forward for the culture?
Mr. Smith: Definitely. To dovetail into what’s been said with regard to an apology — and I weighed in on that — over a number of years, I looked at — and rightly so — the apology given to the First Nations community with regard to residential schooling, to the Chinese community with regard to the head tax, the Japanese community with regard to the internment during World War II and most recently to the LGBT community. One of the first steps in moving toward healing, reconciliation and relationship-building would be an apology to the African-Canadian community with regard to slavery. We can look at the stories of Marie-Joseph Angélique in Montreal or those of a young lady by the name of Jude who was in Yarmouth, who took a case to trial in Nova Scotia courts over her treatment as a slave.
I was speaking with Dr. Sylvia Hamilton a few weeks ago. She had been on the road with a display and presentation. She had a lady come up to her and say, “I think one of the things you have in your presentation is wrong because it mentions that slavery was in Nova Scotia and that there were the slaves bought and sold.” Dr. Hamilton showed her some newspaper clippings that talked about slaves being for sale. If we look at Bedford Row in Halifax, the space between the original Canada Post building and now the Art Gallery of Nova Scotia, that’s where the slave auctions were held in Halifax.
It’s not stuff we’re pulling out of the air; it’s there. It’s part of our history in this country. It wasn’t about coming in and being welcomed with open arms; it was coming in in shackles. That’s the reality. We’ve come a long way since, but that’s the reality. We have to look at and acknowledge that history. The Annapolis Valley was settled because there was a call for the New England planters to come up, take that fertile land there and farm. We have the apple orchards and vineyards that are world renowned there. They brought with them enslaved Africans who worked those fields to help make that what it is today.
If we are going to move forward and do so in an air of reconciliation, then it starts with the apology. I don’t know where it goes from there, but it starts with an apology. When I was growing up, if you got in trouble in school or had a fight with the kid next door, your parents said, “You need to go and apologize,” and then you step forward from there. That’s what needs to happen.
Collectively across the country, each of us has a role. Why is it so hard for us to get books on Black history into classrooms? Other than Nova Scotia, where they readily use the material that’s there, why is it so hard for us? The New Brunswick Black History Society has been trying to get material into New Brunswick schools — some of it the material we have in Nova Scotia — because we’re all ancestrally linked. It has been extremely hard.
Unfortunately, we have provinces and places that hide systemic racism with fiscal restraint: “We don’t have the money to do it; we don’t have the money to include.” In reality, if they are already buying books for math, science and other subject matters, what they’re telling me is that African-Nova Scotian or African-Canadian history isn’t being seen enough as Canadian to be included; it’s being seen as the extra.
We need to break down those walls and do it collectively. Everyone that has somebody they can speak to who says this is the time we need to be more inclusive and not just talk about embracing and recognizing diversity, but putting our money where our mouth — that’s what we need to do. That will move us forward.
Senator Hartling: Thank you. I hope during this decade we can make major steps forward.
I have a question for Ms. Villefranche. I was listening to you both talking about your experience in working with women and women coming from Haiti and Nigeria. You touched on mental health and poverty. I’ve worked with women for many years in my community, but they were from there, and that was challenging enough. I’m thinking about things like employment, literacy, child care and things like that. Can you speak about that and some of the other challenges you might be experiencing with the women coming to your centre?
[Translation]
Ms. Villefranche: A huge number of women are crossing the border to seek protection here. You have to understand that they are doing this to protect themselves and their children, because they come from countries where they do not feel safe. They arrive here with nothing more than a suitcase and their children. When we welcome them, we have to do everything possible to help them. The way they are welcomed is paramount, crucial. First they must be shown empathy, and then we have to find suitable housing for them. They have to feel safe in that housing. We have to find furniture and clothing for the children. The children have to be enrolled in school. We have to work with them so they feel safe and empowered to carry on and raise their children. These people have experienced great trauma to get here. Their children are also traumatized. There is a lot of work involved for them to feel well.
We have created programs for these families, such as recreational programs, to offer some distraction and pleasant experiences. This is very important. For these people to become empowered citizens, they have to get over the profound trauma they have experienced. Of course, it often seems that they have not experienced any trauma, because they want to find solutions to their problems and find work. When you mention trauma to them, they seem to think that is secondary. We know, however, that it is very important to address their trauma in order for them to have a balanced life.
[English]
Senator Hartling: Would it be fair to say that you’re working on two levels? You’re working with the women who are traumatized and the children, and then you’re also working in society with attitudes and things that are impacting people feeling welcome? Is another factor and you have to work on the two levels?
[Translation]
Ms. Villefranche: Exactly, that is right. We address both aspects. We also work on the whole decade of the black community in Quebec. So our efforts address different aspects.
Senator Hartling: Thank you.
[English]
The Chair: Thank you very much to the witnesses who have given testimony this morning and for your responses to the senators’ questions.
We will now hear from our second panel. By video conference, we have Ron Nicholson, Member and Past Vice-President of the BC Black History Awareness Society. In the room, we have the UBC Africa Awareness Initiative. Mr. Tema, the Global Lounge Representative, is going to be presenting from his group. He has two members also joining us by video conference who will respond to any questions, Ms. Kwezi Rutega and Towela Tembo. And then we will hear from Ms. Michelle Williams, Professor, Schulich School of Law at Dalhousie University. We’ll start with you, Mr. Nicholson.
Ron Nicholson, Member and Past Vice-President, BC Black History Awareness Society: Thank you for the invitation. As you mentioned, I’m here representing the BC Black History Awareness Society. I’m filling in for our president, Silvia Mangue Alene. She invited me to speak and represent the society.
I haven’t prepared any type of long presentation, but there are a few points she asked me to make, one of which is how we approach human rights and Black history in general. Number one would be through education. Number two is through activities, some of which we target the Black community itself. For example, we are planning a conference for Black entrepreneurs for the fall.
Other types of activities where we target the community at large include both cultural and educational events, for example, through this past Black History Month, which was February. There was one that we annually present at the Belfry Theatre here in Victoria. Another is our annual Heritage Day, which is primarily more to do with education and displays on various parts of Black history.
We also work with libraries on a number of programs in general where we promote Black history through the libraries.
My personal focus is mainly on the history part of educating the public and Blacks in general as well, because there are a lot of recent immigrants who are not very familiar with the history of Blacks and how long Blacks have been in Canada across the country — some as long as most European immigration to Canada, East Coast, West Coast and through the Prairies.
I might also mention my focus — and I haven’t given up; it’s kind of a pet peeve — is that I really would continue to try to get Black history taught in the schools. It’s such an important thing to me. It gives positive role models for students of all ages. There are so many Black pioneers and current Blacks, such as in B.C., Emery Barnes, Rosemarie Brown — the very well-known Blacks. A lot of this really should be taught in the schools. It’s not Black history per se; it’s part of B.C. history. Each province has its own Black history, but it’s part of provincial and Canadian history.
Without going on too much, I think I’ll leave it at that for now as an introduction. If there are questions or a chance to comment further, I might try to do that a bit later.
The Chair: Thank you.
Agang Tema, Global Lounge Representative, UBC Africa Awareness Initiative: Good afternoon, everyone. The University of British Columbia Africa Awareness Initiative is a student-run organization started in 2002 by faculty and staff at UBC to respond to the lack of dialogue and conversation about Africa and African people at UBC and in Vancouver in general.
Basically, our mandate as an organization is to break down the monolithic view that many people in B.C. and Canada have about the African continent. There’s often a single story painted about the African continent. As students and faculty at the university, we had to contend with a lot of misconceptions about where we come from, the place that we call home.
We wanted to include the UBC and Vancouver population in creating a new dialogue about the African continent where people are forced to think more analytically and have a more balanced opinion about what the African continent is, how to decipher many of the things people see in the media and how to have their own opinion about that.
We were started in 2002, and we hold several activities throughout the year that engage the university population in these various activities. One of them is introducing the student population to African music through an annual dance party that we host.
Our major event, which is organized by our two chairs of External Affairs, Kwezi and Towela, is Conference Week. That’s our flagship event where we invite speakers from the African continent or from the diaspora to engage in conversations about a certain topic of great impetus at the moment at whatever time that it is held. Lots of debate and great conversations come from those. That’s the event that really lives up to our mandate of getting people to think differently about the African continent and people of African descent.
We also collaborate with many other clubs within the university to try and find similarities and celebrate the differences that exist between Africans, people of African descent and people from all around the world. In my capacity as the Global Lounge Representative, I am responsible for all the global affairs, I guess, of the club and for collaborating with other clubs that hold a global trajectory in terms of making sure that our message goes beyond UBC and is spread throughout our province and the country to really get people talking about what it means to be African, what Africa really is about and how best people of African descent could be involved in campus activities at UBC.
One of the main things that our club was responsible for was the establishment of an African Studies minor program at UBC, which is one of the great prides and joys of our club. Currently, we are working with UBC administration in order to further strengthen this program to make sure it’s not just a token program where the university can say, “Oh, we have a minor program that’s representative of Africa,” but that any students who take up this program knows they’re taking something that will be beneficial to them — that they can drive a lot of change with. We are constantly working with the university administration to ensure this is what the program does. It is a work in progress, but we believe we’re making great headway with that.
As a club mostly made up of continental Africans, we are very excited and always willing to learn about our connections with being Black within Canada and how we can also represent the needs and rights of Afro-Canadians, because we believe we are intrinsically linked and that a great separation cannot be totally made between us. We are constantly trying to find ways to go out into the community and see the problems that Afro-Canadians face and see how we, as a student-run organization, can best explore those.
Thank you for the opportunity to have us here. We’re very glad to share what we have and to hear what everyone else has to share with us as well. Thank you.
The Chair: Thank you.
Michelle Williams, Professor, Schulich School of Law, as an individual: Thank you for the invitation to be here.
I’ll begin by acknowledging that we are on Algonquin territory. I came just this morning from Mi’kmaq territory, known as Nova Scotia.
I also want to recognize the important work of Senator Bernard in organizing this. African Nova Scotians and African Canadians certainly appreciate your voice, a voice we have in the Senate, which benefits all Canadians. Thank you.
I also wanted to briefly acknowledge the Government of Canada’s official recognition of the UN International Decade for People of African Descent and express willingness to move on the three pillars associated with that decade.
There are three main points that I wanted to make in my brief presentation today. The first is that Canada has the international and national legal framework and directives to take action on African-Nova Scotian and African-Canadian issues more broadly. Second, in taking action, the Government of Canada needs to recognize that African Nova Scotians, and by extension all African Canadians, are a distinct people. Third, immediate action should be taken that involves structural change, comprehensive intergovernment planning and significant resources with the full participation of African Canadians.
To the first point, as I’m sure most senators are already aware, Canada does have a robust international and national legal and human rights framework and the corresponding directives to take serious action addressing the needs, concerns and conditions faced by Black Canadians. I don’t have time to detail that framework today, but I do want to note that we are signatories to a range of international human rights treaties and that the corresponding treaty bodies have already made specific recommendations to the Government of Canada concerning African Nova Scotians and African Canadians.
Similarly, the UN World Conference Against Racism, Programme of Action, the UN Special Rapporteur on Racism and most recently the UN Working Group of Experts on People of African Descent have made specific recommendations regarding African Canadians.
I wanted to pause briefly to highlight the leading work of the African Canadian Legal Clinic in much of this international human rights work.
Domestically, equality provisions are constitutionally enshrined in sections 15 and 27 of the Charter, and we have a network of federal and provincial human rights statutes that courts have said are quasi-constitutional protections. The problem is that these protections are largely inaccessible by our communities, so Black Canadians have not enjoyed the freedoms set out therein and query, as I often ask my students, whether human rights actually exist in Canada if they are unenforceable.
The second point is that the strategy and action taken by the Government of Canada need to be informed by the fact that African Nova Scotians, and by extension African Canadians, are a distinct people. We’ve heard some of this history established by Sergeant Smith, but African Nova Scotians were among the first non-Indigenous people in this nation. Indeed, our presence predates the country of Canada by over a century. We should have been constitutionally recognized, along with the French and British, based on our presence and contribution to the foundation of Canada.
From earliest presence in 1604 to 1961, African Nova Scotians constituted over half of all Black people in Canada. We were settled in distinct geographic communities and developed unique cultural, social, spiritual, economic and political customs and ways. Our long experience of enslavement, alongside being free, shaped how White Canadians understand their own identity and how White supremacy in the academic sense and anti-Black racism functions today.
If the Government of Canada does not recognize the distinctiveness of African Nova Scotians and Black Canadians more generally, I think it will fail in its efforts to effect justice and development through the UN decade framework. We are more than the racism that we experience. We are unique people with our own histories and traditions and ways of being.
This distinctiveness was one point among many others made by the UN Working Group of Experts on People of African Descent, reporting this fall on its mission to Canada.
At paragraph 84 (b), the report states the Government of Canada should
Legally recognize African Canadians as a distinct group who have made and continue to make profound economic, political, social, cultural and spiritual contributions to Canadian society;
That same report brings me to my final point. Paragraph 84 (a) calls upon the Government of Canada to
Issue an apology and consider providing reparations to African Canadians for enslavement and historical injustices;
So over 400 years of helping to build this nation in the face of deeply entrenched and persistent anti-black racism is enough. The time is up. If Canada is going to actually live up to its ideals that are enshrined in law instead of often hiding behind the myth of racial equality in this country, immediate action needs to be taken.
The blueprint is in this very UN report and myriad other similar reports over the years and decades. To close, I will refer just briefly to a few of the other recommendations. Before I do that, I wanted to make one overarching point, and that is this change needs to happen and be led by African Canadians who fully participate in that process with government.
To highlight a few of the other recommendations of this UN report, one is that a national department of African Canadian affairs be created to represent the interests of African Canadians in the national government and to research and develop policies to address issues facing African Canadians; second is a nationwide mandatory policy on collecting disaggregated data by race; third is a national action plan against racism to address anti-Black racism in human rights; and finally, the development of an African Canadian justice strategy to address anti-Black racism and discrimination within the criminal justice system. There are many more recommendations in this report. I think it is a fine blueprint that the government can follow.
I would end by thanking the senators for your work in human rights to date and urging you, if you are willing, to join us in continuing to push toward this much-needed change in our structure of government.
The Chair: Thank you all for your testimony. We’ll now open it up for questions from the senators.
Senator Cordy: Thank you to each of you for your presentations. It makes it more exciting when we have people here to recognize Black History Month, challenges that still await us and good things that are also happening.
Professor Williams, you are the Director of Indigenous Blacks & Mi’kmaq Initiative at Dalhousie University at the law school and a researcher with Nova Scotia Restorative Justice, so I’d like to ask you a bit about restorative justice in relation to Blacks within Nova Scotia but overall in Canada. I know that in 2013, you said that it wasn’t working for African Nova Scotians. Have things changed? Is it getting better for Black Nova Scotians? We’ll speak specifically to Nova Scotia. If it is, what things have made it better? If it isn’t, what do we have to do?
Ms. Williams: Are you referring specifically to restorative justice in that question?
Senator Cordy: Restorative justice, yes.
Ms. Williams: I should say that after completing that research with the alliance, I have not been as engaged with the restorative justice issue, so I would want to defer to other people who continue to be more involved in that issue.
With that caveat, my observation is we do not have, to my knowledge, any of the recommendations that I had put forward on my research report on that subject implemented right now. We are desperately in need of an African Nova Scotian justice strategy in light of the over-representation of many of our community members in the justice system and for many other reasons.
I will say that there certainly has been an indication by the provincial government that they are willing to look at that direction of having an African-Nova Scotian justice strategy, so that is encouraging.
I would end my answer on that question by saying that I spend a good deal of my time researching and working on African-Nova Scotian justice issues broadly, including being part of a provincial coalition that was formed after the visit of the UN working group to Nova Scotia. I find the time that we’re in profoundly disturbing. I’m not sure that there has been a sustained, structural, meaningful disruption of the straight line from enslavement, structural segregation through to today. We have had intervention come and go, but in terms of a sustained, legal policy entrenched direction that’s properly resourced, I don’t think we have ever seen that in the history of Nova Scotia or Canada when it comes to people of African descent. And that’s what I think we are hopefully on the verge of.
Senator Cordy: How do we make that happen? You’re right that things have come and it’s in the newspapers or the media for a while, it gets a lot of coverage and it’s good and we have lots of people interviewed about what we have to do, and then it fades away. How do we make it happen?
Ms. Williams: I think it takes institutionalized responses, so as was recommended in this report, a government department. We have an office of African Nova Scotian Affairs in Nova Scotia, as you know, with a Minister of African Nova Scotian Affairs, and that has been very helpful in sustaining change to address the issues. It’s not enough, but it certainly has been quite helpful. We need to consider what a parallel would like nationally.
Really, though, we have barely scratched the surface when passing government legislation or policy of considering the concerns of African Nova Scotians and African Canadians in that process. As one brief example, we have a billion-dollar housing strategy. Housing for African Nova Scotians is different than housing for most other folks, probably because we have historical communities that are without land title completely, and we have encroachment on our communities through development. We have land loss as a result of unscrupulous things that have happened throughout our history. To address housing for our communities would look much different. That’s an example specifically of a policy that needs to have an equity, anti-Black racism lens put upon it whenever these policies are developed.
Senator Cordy: You’re getting better with actually owning your land. I was reading about a case in East Preston that had been ongoing for 20 years or longer, and it has finally been settled. Are those things starting to happen?
Ms. Williams: It’s very early stages. This is 100-year-plus problem. A legislative response was made in what must have been the 1960s, and we’re still facing the issue. Through the efforts of the community, we have seen movement by the provincial government in response on this issue. It’s still very early days, but it is a step forward.
The UN report calls on the federal government to help fund these efforts. Remember that many of these issues arose before Canada became a country, so arguably there is federal responsibility as part of the solution to the land title issue.
The other point I want to mention when talking about land titles is that this is against the backdrop of Nova Scotia being on unceded Mi’kmaq territory. In solving these problems, we want to recognize and acknowledge how colonialism shaped all the relationships we have and make sure we take those into account as we work forward.
Senator Pate: Thank you very much to all of you for being here. It’s wonderful to see you, Professor Williams.
I want to pick up on the issue of restorative justice. A common challenge or critique of restorative justice is that often the manner in which it has been interpreted doesn’t address the systemic starting points of inequalities. It sounded like that is a bit of what you were talking about. I’m familiar with some of your other work. Could you expand upon that a little?
Ms. Williams: Thank you for that opportunity. I studied restorative justice in the African-Nova Scotian context. The brief conclusion was that, from a theoretical basis, restorative justice is very promising. In practice, it has proved challenging. That is in part because, in practice, it has not been able to take up the collective transformative change that needs to happen for fundamental justice for African-Nova Scotian communities.
Having one or other young person who may end up in the system as a result, for example, of overpolicing or some other situation go through the restorative justice process does not get at the root causes of the overall over-representation and related concerns that African Nova Scotians have faced over the years. So it has potential, but unless it is married with a robust structural transformative strategy, I don’t think it’s going to meet its potential for African Nova Scotians.
Senator Pate: Thank you very much for that.
I’d like to link your presence here with the study the committee is doing on prison conditions and human rights in prisons. I know that’s an area in which you have expertise as well. One of the things we’ve been looking at is the manner in which provisions of the current Corrections and Conditional Release Act have not been implemented — ones that were aimed specifically to reduce the numbers of Indigenous prisoners. However, as we’ve seen from the history of those provisions, the intention was an overall reduction using section 718.2(e) as well as sections 81 and 84 of the CCRA.
Is there any particular research or information that you know of pertaining in particular to African-Nova Scotian prisoners and/or African-Canadian prisoners more generally that might be useful in that context? In the Indigenous context, communities weren’t told about those provisions, there were no applications, CSC developed policies that severely restricted the application of those provisions and so they ended up being subverted along the way. I wonder whether the impact on Black prisoners has been looked at.
Ms. Williams: I don’t know the details or the impact around the conditional release provisions per se, so I probably shouldn’t touch on those other than to refer to the Office of the Correctional Investigator report on Black Canadians that was done.
I can zero in on section 718.2(e) of the code, because that is an area that has seen some development in Nova Scotia with the use of race and cultural impact assessments for African-Nova Scotian accused. Through the development of case law — a very recent case by Justice Wood of the Superior Court, entitled R v. Perry — judges have been accepting cultural impact assessments in a similar way as they accept Gladue reports. There has been an incremental development through the common law in that direction. It is a difficult route to take to carve that out through the common law. I understand there may be some developments that have crossed over into Toronto. As I understand, maybe the first cultural assessments of African Canadians in Toronto may be going on right now.
One thing the Government of Canada could do would be to specifically reference African Canadians in subsection 718.2(3), where you do have a reference to paying particular attention to the situation of Aboriginal peoples when trying to implement the least restrictive sentence, which is a general principle, as you know, of sentencing in any case beyond that section. But if African Canadians were added to that section — and I think the literature, the statistics, the international human rights reports and the case law all warrant that — then it would be another tool judges could use across the country to help address the over-representation of African Canadians.
Senator Pate: Thank you.
Senator Andreychuk: I want to thank all the witnesses for coming before us, both by video and being here. It’s very helpful for us to think about the issues of not only Black History Month but the issues that face the community. The community is very complex.
I have a question to Professor Williams. Do you deal exclusively with Nova Scotia and the historical background, or are you taking into account the whole host of Black immigrants coming into Canada from all over the world who have very different experiences and needs? Does any of your study touch the complexity of the community rather than the singleness that sometimes we put on Black History Month? It’s so multidimensional.
Ms. Williams: Yes. My research focuses on African Nova Scotians who are linked to the 50-some historical Black communities in Nova Scotia. Ten per cent or so of African Nova Scotians are more recent newcomers to Nova Scotia — people of African descent — who face similar issues. As my colleague suggested, there are a whole range of shared issues that we face. My past work has certainly dealt across the diversity of the Black-Canadian or African-Canadian experience.
What the focus on African Nova Scotians, which is my area of research, has to offer is that if we can understand how racialization in Canada was structured by those very early relationships of colonization, as well as enslavement, then we get a better understanding of why things are the way they are today. So understanding those early days of enslavement and how the law allowed that in this country and the law continued to grow from that situation and now informs our human rights, jurisprudence and so on, if we understand that, then it helps us better understand how we can have equality for African Canadians and others, no matter when you have come to this country. I see a direct link between the two. I should also state there is extraordinary diversity within the African-Nova Scotian community itself, so I don’t want to essentialize any of it.
Senator Andreychuk: I co-chair the Canada-Africa parliamentary association and Senator Bernard is the vice-chair of that association. Mr. Tema, and perhaps Mr. Nicholson after, we do have a dilemma. We talk about Africa and we don’t understand the 54 countries — perhaps one is in dispute, making it 54 or 55. The whole continent is so diverse, yet we see images, usually in crisis, and a lot of that is the reporting or lack of proper reporting of Africa.
As a student coming to Canada and working here, and those that you relate to, how do we get a better picture of what is going on in Africa? Because in our context, we see so much good as well as some of the difficulties, and a lot of the difficulties are around governance, I must say. So what are your perspectives on that and how do we help the individual immigrants that are coming from North Africa down to South Africa, et cetera?
Mr. Tema: As I said, as someone who came from the continent to Canada for studying, and I’m sure Ms. Rutega and Ms. Tembo will agree, we are faced with many misconceptions about where we come from and about, essentially, the type of people that we are.
As an organization, as the African Awareness Initiative, the steps that we have taken as Africans or as people of African descent who are for the promotion of a more balanced image of Africa and African people, we need to take it upon ourselves in order to change this perception that many people have.
We do so pretty much by holding several events where we try to not focus on one particular Africa but, for example, breaking down our events into more regionally-focused conversations where we discuss particular countries in a particular region and the issues that they face or the successes that they have achieved as well. I think the conversation about Africa and people of African descent is usually one of poverty and it’s one of struggling and issues all the time. This is not to discount the fact that those do exist, but then it isn’t the single story that we have. Basically trying to get those varied views about what is actually going on and about the involvement of Africans within the global sphere is what we try to do.
We are trying to involve Africans in the global conversation, Africans as global citizens as well, and we’ve never been viewed as that, to a great extent. What we need to try and do more is get especially Africans in the diaspora more involved in the conversation, because there is a very intricate cultural understanding of things that comes into play where people in the West may have a certain perception and people in Africa may have a certain perception. I think that Africans in the diaspora can almost be that bridge where that cultural understanding can come into place.
I think, also, it is just encouraging people who are not from the continent, who are not of African descent, to be more open-minded about wanting to learn about Africa and to have more of a balanced perception of the continent. It’s something that we try to emphasize in our organization, that we aren’t a club for Africans. We’re not the African Awareness Initiative; we are the Africa Awareness Initiative. We are trying to involve people in becoming more aware of the continent. Yes, it is an organization where Africans have a safe space to indulge in their culture and in their music and to discuss several issues that they face, but it is also a place where we encourage especially people who are not of our culture, who are not of African descent, to come in to learn more from us.
Do Kwezi or Towela have anything to add about that? I think that’s basically our efforts to try to break down this one Africa view that we have.
Towela Tembo, Vice-President of External Affairs, UBC Africa Awareness Initiative: I could just add that I am Zimbabwean, I am from Southern Africa, and I was very excited to be here. I was excited to be part of the Africa Awareness Initiative, to be part of the Africa: Global Citizenship in British Columbia, so I joined AAI and I applied for the position of the vice-president of external affairs, which allowed me to plan the annual conference week.
During my planning process, I came across certain aspects or certain problems within the system that is already there that didn’t enable us to make it as big as we would have liked it to be.
The general sense, I guess, when I talk about Africa or listen to other people on campus even is just a lack of care. No one cares about Africa. No one cares about what we’re talking about. No one cares about what we’re doing. All our events are always under — you know, no one comes to them unless they are African or unless they have a friend.
So our big thing was planning conference week. It’s the major event that can highlight everything else that’s happening in Africa besides all the poverty and the wars and everything. But of course, there is no support. No one wants to fund us to bring people from Africa to showcase what’s going on. There is so much to offer, but no one cares to listen to us.
Right now I am frustrated and I am just so deflated because there is nothing I can do. I am virtually powerless here.
Kwezi Rutega, Vice-President of External Affairs, UBC Africa Awareness Initiative: On Towela’s point, I agree. The African studies minor is hopefully expanding, but there has been word they are going to introduce an African language. I was very surprised there wasn’t an African language, to begin with, offered at UBC, but word has it that Swahili will be offered. It’s just Swahili. As you said, Africa has 54 or 55 countries, and it’s just very surprising and alarming. I think it’s a reflection of how backwards we are in 2018 of the representation of Africa. I find myself, actually, quite guilty of referring to Africa as Africa when I want to make a point about a specific country, because I know that’s just how it is referred to here. So yes, I do agree on Agang and Towela’s point that AAI is striving to have a better representation of Africa as a continent and not a country.
Senator Cordy: Thank you very much. Maybe we will have to let some heads of state know that Africa is a continent and not a country.
Mr. Nicholson, you said that your focus is on history, but you also said that your society is having a Black entrepreneur forum. Is there enough support for Black entrepreneurs, I’ll just say in British Columbia, which is what you would be most familiar with?
Mr. Nicholson: I can’t honestly answer that question. I haven’t been personally involved in the planning.
Here in Victoria, we don’t perhaps have the same numbers as far as the number of people of African descent here, even though it’s growing. I look at us as having the potential to be an umbrella society, and we have had some success working with the other various groups. For example, there are a couple of groups within Victoria. One is called VACCS, the Victoria African Caribbean Cultural Society, and another one is AHAVI, the African Heritage Association of Vancouver Island, and ours is the BC Black History Awareness Society. We have been inviting and working with them during February. We just finished a gala put on by the VACC society, and that’s where they recognize prominent Blacks, not necessarily historically but of present day, and it gives a very good image of role models. There is participation by local mayors and local people involved in government and police. There are societies here in Victoria called the CPN, Community Partnership Network. There is another one where the police are working with not just the Black community but other minorities and things like that.
There are a number of recognized Black entrepreneurs, but again, there are not as many as we’d like to see. But as many as there are, I like the idea of giving them some recognition and a position where they can demonstrate and perhaps show what is available through what they’re offering in the Black community as entrepreneurs. It needs publicity and a lot of work. As I said, I’m not personally involved in the planning of it because I just recently stepped down. I was the former chairman of the events committee as well, but I needed a bit of a break and I thought they could probably use some new ideas from my old stale ideas that were going on from year to year.
There are a number of things in general. This is a great informative and interesting perspective on human rights. I really enjoyed listening to Michelle. There is a lot of information there. Of course, they have a lot more Blacks and we can’t speak at the same level of involvement but I, myself, am learning constantly about Africa itself as a continent. I can’t learn enough, and I think it holds true that the more we learn, again with history, the better off we all are, be it Black, White or whatever.
I have a lot of pet peeves that come to mind when I think of human rights and things like that. If I have time, I will mention a few of them.
One of the main ones is White supremacy. Boy, that irritates me to no end. We should call a spade a spade, and we should call it White racism, which is exactly what it is. Just the thought of calling it White supremacy is elevating and separating Whites and Blacks. Label it as it is, and that’s something the media could help us out with if they were interested.
On the economy in general, I’m going to give little individual small points. I’m a retired individual. I consider myself a lay person. I don’t have the degrees and whatnot, but I have been studying Black history and involved in it since I came to Victoria from Vancouver in 2000, and I have been a member of the society for as long.
My own personal history is the history of the Underground Railroad. My great-grandfather escaped from slavery, made his way to Canada and settled in the Niagara area where I was born four generations later. Canadian Black history is deep within me and I feel more Canadian than most. He came in 1854 on my father’s side and settled in the Niagara area. So I have travelled across the country, I have learned a lot about Black history, and Blacks in all parts of the country.
I’ve met people like Craig Smith, the RCMP. We had him come to Victoria as a speaker to educate us when he wrote the book about what it’s like to be Black in the RCMP.
I’m going to throw out some things that I think about. Over the course of my life, I’ve applied for jobs with the federal government, perhaps two or three times, and I remember specifically in the application that there’s always a place where you have an option to indicate your ancestry, whether you’re Black or Caucasian or Aboriginal or whatever. I always used to take advantage of filling that in, thinking optimistically that it might be something that was worth doing. But in retrospect, I think it has been a very negative experience for me and, in every case where I have applied, I felt more than qualified for the position. However, I think it leaves an opportunity for people, even at lower levels, to say, “African? Forget it. Black? Forget it,” and not even getting the call or follow up. As small as it is, that might be something that can be looked at. Is it beneficial or is it a way for people to discriminate before you can get your foot in the door and have an interview? I experienced discrimination applying for housing when going to college. I have experienced the stopped-while-driving-while-Black experience, which we all have, and there are so many. I could go on and on.
The Chair: Mr. Nicholson, I’m sure you have so many more stories that you can share with us.
Mr. Nicholson: I thank you for the opportunity. I don’t know if that’s where you wanted me to go, but that was on my mind.
The Chair: We’ll have to create another opportunity to hear more of your story.
I want to thank all of our witnesses today, not only for the testimony that you shared here today but also for the excellent work that you are doing in your respective organizations, your workplaces and your volunteer work in your communities, in your respective provinces. You are doing very real work on the ground, addressing the real challenges that African Canadians face from coast to coast to coast in this country.
As we wrap up this hearing, I want to begin by saying we are able to have this event today because of the path that was created by trailblazers. We celebrate Black History Month in this country because the Honourable Jean Augustine introduced it in the House of Commons back in 1995. The Honourable Senator Oliver introduced Black History Month in the Senate in 2008 and here we are today, able to have a specific hearing looking at the Black Canadian experience.
Obviously, it’s not enough time, but we have heard compelling testimony from all of our witnesses. We’ve heard some excellent recommendations, and we will consider these. One thing that’s really clear to me is that we have been trying to fight these systemic problems with individual solutions, but it’s clear that we need institutional solutions for what are long-standing systemic and institutional problems.
Clearly, Black History Month is not only a time for us to reflect on the history and contributions of Black Canadians to the country. To quote our Prime Minister, Justin Trudeau, “Black history is Canadian history,” but it is also a time for us to consider actions we must take to acknowledge the diversity of Africans in this country.
We are a diverse people, and in acknowledging the complexity of the issues facing individuals, families and communities, I’m leaving today feeling very hopeful based on the evidence you have given to us. I’m hopeful that, working together, we can and will combat systemic anti-Black racism and discrimination in this country. But it’s quite clear it needs partnerships. I think the questions that senators asked today certainly speak to their commitment to moving forward with us in being a part of that journey, part of the national conversation and also part of a global conversation that will lead to change.
With that said, I want to thank all of those who are tuning in on Facebook live to watch this. I want to thank those who are watching this at home. I want to acknowledge the presence in the audience of two visitors who are here visiting on the hill: Alice Wairimu Nderitu who is Senior Adviser for the Centre for Humanitarian Dialogue. Thank you for being here and for taking time out of your busy schedule to be here. She’s a guest of Shaheen Nanji, Director of International Community Engagement at Simon Fraser University.
Thank you all.
(The committee adjourned.)