Are Minorities More Likely to Face False Assault Allegations?

The short answer to the question in the title is “yes.” An unqualified yes. In the western world, minorities face considerable racism in every area of life including the justice system. Minorities are over-represented in prison, more likely to be charged with crimes, and more likely to face false allegations including over crimes such as assault.

Even though the Canadian Charter of Rights and Freedoms guarantees equality for everyone, systemic racism and confirmation bias contribute to many issues of unfair treatment in the justice system. Minorities face more policing, more severe sentencing, and more allegations of criminal behaviour both true and false.

For the reasons above, it is particularly important the minorities take advantage of the rights that they have, such as not speaking to police without the advice of a lawyer. Minorities accused of crimes are more likely to be discriminated against, so they should hold dear the rights that they possess.

Anyone accused of any crime in Canada including assault, has the right to remain silent, and remaining silent cannot be used against them. They have the right to a lawyer, and if they cannot afford one, one will be appointed for them.

Keep in mind that discrimination in the justice system is part of wider socioeconomic problems with minority populations such as poverty, lack of education, housing, and lack of opportunities for minorities. Minority populations are also overrepresented as victims of crimes, not just as the accused criminals.

False allegations are a sad but true part of life everywhere. So, we offer the same advice as always. Do not make any statements to anyone about your case, and engage a lawyer at your earliest opportunity for the best chance at a good outcome.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.