Publication Date
3-31-2025
Document Type
Article
English Abstract
Achieving meaningful oversight and enforcement of prisoners’ rights has long been a challenge for those incarcerated in Canada’s prison system. This is illustrated in part by how the Correctional Service of Canada (CSC) applies the Security Threat Group (STG) classification to Black prisoners. CSC disproportionately classifies Black prisoners as being members or affiliates of STGS–even when those allegations are of unknown reliability. This paper analytically highlights how this practice impacts the liberty interests of these prisoners on the basis of unproven allegations. It also considers how a lack of procedural safeguards in this context contributes to a larger pattern of systemic anti-Black racism within Canadian prisons. This paper argues that requiring STG involvement to be proven beyond a reasonable doubt before an independent decision-maker would serve as an important reform toward addressing this issue. While such a measure would not remedy the systemic nature of anti-Black racism within CSC, it could nevertheless meaningfully reduce instances of unfounded STG classifications for all prisoners, avoid arbitrarily prolonging periods of incarceration, and serve as a basis to expand procedural safeguards in response to other forms of over-securitization.
Citation Information
Martinez, Shane.
"Probative of Prejudice: Procedural Unfairness Underlying Security Threat Group Classifications in Canadian Prisons."
Journal of Law and Social Policy
37.
(2025): 49-68.
DOI: https://doi.org/10.60082/0829-3929.1490
https://digitalcommons.osgoode.yorku.ca/jlsp/vol37/iss1/4
