The Meaning of the Term "Systemic Racism"
- Steve Rutchinski -
Toronto action calls for end to police violence and impunity and stands
with U.S. protests demanding justice for George Floyd, June 6,
2020.
At this time, the term "systemic racism" is being
used in a manner which twists and turns in attempts to keep pace with
the direction in which the wind is blowing. But to suggest that racism
is "systemic" is to say that it is everywhere and nowhere and to
enforce that the society must live with it.
This mischief took off in Canada in the early
1990s when the Bob Rae NDP government mandated Stephen Lewis to hold an
Inquiry following eight shootings of Black youth in Ontario in four
years. This was followed with the establishment of an Anti-Racism
Directorate whose stated purpose was to "prevent systemic racism in
government policy, legislation, programs and services." It held
meetings all over Ontario which focused on the failure to address
institutional racism. Following this, along with all kinds of
recommendations, in 1993 the Ontario Legislature established a
"Commission on Systemic Racism in the Ontario Judicial System." A
letter from the six Commission members invited "communities affected by
this inquiry" to present views on what should be researched, as well as
to propose solutions to the problems.
The Commission said its purpose was "to examine
the extent of systemic racism in the Ontario criminal justice system,
and to make recommendations to eliminate it where it is identified." It
was also mandated to examine "procedure, practices, policies, and
processes in the institutions of the Ontario provincial criminal
justice system that may cause or reflect systemic racism." It was
directed to focus on "anti-black racism in urban communities, with
special emphasis on women and youth, while at the same time recognizing
the vulnerability of all racial minority communities." It clearly
stipulated that it had no authority to investigate "individual
allegations of wrong-doing."
The Commission defined "systemic racism" as
"procedures and practices, some unintentional, that disadvantage and
discriminate against racial minorities." In a footnote to this
definition it added: "The term racial minority appears in the
Commission's terms of reference. The Commissioners acknowledge that
many people find it inappropriate."
The Commission's own definition of systemic racism
puts into question its own existence and terms of reference. It was
obliged to abandon the term "visible minority" which was used by the
June 1992 Stephen Lewis Inquiry and caused great offense at that time.
The official definition of "visible minority" contained in the 1975
Green Paper on Immigration is "persons, other than Aboriginal, who are
either non-white in colour or non-Caucasian in race." Nonetheless, it
defined individuals on the basis of colour of skin which means it too
used terminology that people find "inappropriate" precisely because it
defines them as something other than members of the polity with equal
rights.
By institutionalizing concepts such as "visible
minorities" and "racial minorities" through legislation and various
agencies and commissions, the notion is ingrained in the society that
there are "minority rights" and "majority rights" between which there
is constant tension. The state presents itself as the defender of
"minority rights." A democratic society recognizes no such categories
of rights. On the contrary, it recognizes citizens, who are all
entitled to the same rights and duties, with no consideration as to
gender, race, social origin, wealth, ability, religion, national
origin, belief, etc. All must be equal before the law.
The provincial Commission appointed in 1993 was
trying to create the impression that it is difficult to ascertain
whether an individual is treated differently before the law, for
example in the length of sentences delivered, or in the determination
of bail. The approach served to hide that there can
only be two possibilities: either the laws and procedures are so
arbitrary that the administrators of justice can mete out "justice"
without any set criteria, or the state is violating the rights of
citizens with impunity and individuals subjected to such violations are
obstructed from seeking redress. Redress denied is justice denied.
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