Ontario Premier Doug Ford at 2023 U.S.-Canada Summit in Toronto, Canada, April 4, 2023.

(Photo by Eurasia Group via Wikimedia Commons/CC BY 2.0 DEED)

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According to a class action lawsuit, Ontario has been disproportionately placing Black inmates in higher security detention. This placement is decided by the Security Assessment for Evaluating Risk (SAFER) program. SAFER is an AI model that assigns inmates to low, medium, or high-security detention based on their personal information. This includes factors such as arrests, charges, and criminal records. The program then assigns each inmate a score from 1-100, which determines their placement. Critics have been raising concerns about its discriminatory nature since SAFER was implemented in 2021.

The decision to place inmates in certain levels of security is not made without context. Research has shown that both police and criminal courts are systemically anti-Black, with courts giving Black defendants harsher sentences. Since SAFER AI is trained on information rooted in systemic racism, it has carried that bias into its analysis. Racism within Ontario prisons also extends past the SAFER AI, as there have been multiple reports of racist abuse against high-security detainees. 

The province is aware of its systemic racism, stating as much in their internal documents regarding SAFER: “Indigenous and racialized individuals face systemic discrimination in our justice system…. As a result, assessments like SAFER would likely contribute to the overrepresentation of Indigenous inmates in maximum security.” Despite Ontario knowing SAFER leads to racial discrimination and abuse in higher-security detention, they continue to use it.

The “A Safer Ontario” Campaign

If you live in Ontario, there is a good chance you have come across ads by the provincial government promoting “A Safer Ontario.” It is a renewed effort by Premier Doug Ford to combat crime by implementing several policies. One policy of concern was their plan to build more jails, including over 1300 beds across detention facilities in Ontario. Instead of proactively working to reduce the crime rate, the provincial government chose to be reactive by building more prisons. 

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Central East Correctional Centre, Lindsay, Ontario, November 2010.
(Photo by P199 via Wikimedia Commons/Public Domain)

Another action they will implement is the “strengthening of the bail system.” There are several policies within this action, including the reintroduction of mandatory minimum sentencing and 3 Strike Rules. Mandatory minimums are minimum sentences given upon conviction of certain crimes. 3 Strike Rules would have repeat offenders charged with a crime kept in detention before their trial. The provincial government’s plan to combat crime drives racialized people into a system that is more likely to treat them harshly. 

Crime is a Political Necessity

French sociologist Emile Durkheim argued that crime was a necessary part of society. He believed that it was a way to form bonds between people and reinforce social norms. These norms are reinforced within and outside the legal system, and make sure that bad actors are identifiable. You may be wondering why I’m referencing 19th-century criminological theory, but Durkheim’s concept applies to Ontario’s policies today. 

The Ontario government does not want to prevent crime. If they did, they would not be implementing the policies in “A Safer Ontario.” Despite research showing crime rates decline when social services are funded, the government continues to prioritize the expansion of the prison system. 

Being “tough on crime” is a foundation of almost any Conservative politician. They view crime as a black and white issue, where only dangerous people commit crimes. This simplistic view is easier to communicate to voters. Framing those who commit crimes as moral failures instead of people left behind by society appeals to the emotions of a voter, regardless of its accuracy. It creates solidarity amongst communities against certain people. This is clear in the messaging around “A Safer Ontario.” They constantly refer to “criminals” to dehumanize them, painting them as a threat instead of people needing support.

A core theme of conservatism is the idea of the “us vs them” mentality. To them, there is always a threat lurking around the corner who must be neutralized before they can hurt you. However, research proves that the world is not that simple. To survive politically, conservatives must create an enemy for whom they can direct their hatred toward. This is especially relevant for the Ford administration, who have been criticized for the trampling of Charter Rights and the blocking of freedom of information requests.

How do we Really Make Ontario Safer?

To make Ontario — as well as other communities — safer, we need to address the issues at their root. The most effective methods of crime control are preventative. Community centres, after-school programs, public schools, healthcare, and childcare must be funded and accessible for all. 

The Ontario Legislative Building, Toronto, September 28, 2016.
(Photo by Ken Lund via Wikimedia Commons/CC BY-SA 2.0 DEED)

Those solutions may be viable for preventing crime, but the question remains of what to do with people who still break the law. Crime is inevitable, but it would not be viable to lock people in a dungeon and throw away the key. Punishment does nothing to solve crime itself, and only seeks to dehumanize people who have broken the law. 

There are models for what Ontario, and Canada as a country, should look to start. Norway’s reoffending rate in the 1990s peaked around 70% within the first two years of an inmate’s release. Today, after abolishing life sentences and focusing on rehabilitation and maintaining social bonds, the reoffending rate is 20%, the lowest in the world.

The prison model used in Norway and other Scandinavian countries is useful for harm reduction, but is not perfect. There have been several issues brought up by criminologists, such as overcrowding, overuse of solitary confinement, prisoner abuse, and self-harm. These problems will likely persist as long as the solution to crime is the mass concentration of people in a single facility. 

Hate the System, Not the People

Despite research showing that socialized services like childcare and healthcare help prevent crime, Ontario slashed their funding, making more people vulnerable and increasing their criminality. Preventing crime will not be done by increasing police budgets, building prisons, or utilizing an AI trained on data formed through racism. 

The knowledge that our criminal legal system is racist should be a priority regarding how we implement crime reform. While some may call for the Nordic model of rehabilitation, that cannot be our endpoint. If the system itself is systemically racist — from the police to the courts — then it cannot be reformed. A truly just criminal legal system must begin with that acknowledgement, and every action taken must have it in mind. For there to be true justice, the current Ontario system must be abolished entirely and reworked from the ground up.

Edited by Alexas Vieira

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Akintade Asalu

Akintade Asalu is a graduate from Villanova University with degrees in Criminology and Political Science. Influenced by his background as an immigrant and work as an organizer, he focuses on how geopolitical...