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BC is shaped by the diversity of its people “yet too many people are held by systemic racism and colonial biases preventing them from getting ahead. We can and we must do better.” — Rachna Singh, BC’s parliamentary secretary for anti-racism initiatives

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Community groups and watchdogs hope BC’s new anti-racism legislation, tabled Monday, will be the first step in addressing systemic racism in health care, policing and government institutions.

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The bill allows government agencies to ask people about their demographics including race, ethnicity, gender, faith, sexuality, ability and income. The data will be used to identify the extent to which systemic racism harms Black and Indigenous people and people of color when they access health care, employment, education, housing, the justice system and social services.

In announcing the new Anti-Racism Data Act at a press conference Monday, Rachna Singh, BC’s parliamentary secretary for anti-racism initiatives, said BC is shaped by the diversity of its people “yet too many people are held back by systemic racism and colonial biases preventing them from getting ahead. We can and we must do better.”

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“With this legislation, we have the opportunity to shine light into dark places,” said Dr. June Francis, co-chair of the Hogan’s Alley Society.

Black, Indigenous and radicalized communities have not received equitable treatment in government services such as employment and social services, she said.

“Yet, these inequities were hidden. Without data you cannot fix it,” Francis said. “This (legislation) gives us the chance to fix the inequities.”

The public’s first encounter with the new demographic data rules will be a BC Stats population-level survey, or a provincewide census. That census will take place in November and the statistics will be released in June 2023.

A new data innovation program within BC Stats will analyze that demographic data to identify systemic racism and inequities which will allow the government to change programs and services to address those gaps.

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Community groups were clear that they do not want front-line workers collecting demographic data which means you will not be asked your race or ethnicity when dealing with a police officer, social worker, nurse or ICBC clerk. The data collection will be done by core government agencies such as the BC Coroners Service and the health ministry.

Kasari Govender is BC's human rights commissioner.
Kasari Govender is BC’s human rights commissioner. Photo by Jason Payne /PNG

BC’s Human Rights commissioner Kasari Govender is hopeful the complete data picture will lead to major reforms of the health care system.

“It’s the most significant pattern that I hear about time, after time, after time, is systemic racism in the context of health care,” she said.

In a landmark November 2020 report, the former BC child and youth representative, Mary Ellen Turpel-Lafond, found that widespread and systemic anti-Indigenous racism in the province’s health-care system was leading to poorer health outcomes for First Nations and Métis peoples.

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Turpel-Lafond said a lack of race-based data made it impossible for her to determine if Black, South Asian and other racialized communities faced similar discrimination.

“If those of us who play more watchdog roles are able to have that (demographic) data, we’re able to hold the government to account,” Govender said.

In her November report on how Black, Indigenous and people of color are treated by police, Govender found that some police departments are already collecting race and ethnicity data but it’s unclear if the demographic data is based on the officers’ perception or self-identification by the person they’re dealing with.

That report, which analyzed data from five BC police departments, found Indigenous, Black and other racialized people were overrepresented in arrests and detentions, in mental health or well-being checks and strip searches.

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The Independent Investigations Office, which probes police-involved deaths and serious injuries, has been collecting race and ethnicity data for the past two years.

The act stresses that providing demographic data is voluntary and no one should be denied services if they do not want to provide the information.

Queenie Choo, CEO of SUCCESS, an intercultural agency in BC, said the pandemic has heightened the severity of racism and hate crimes in communities, including a dramatic rise in anti-Asian hate.

“This act provides a new tool to track racism directly and fight it more effectively,” Choo said in a statement.

Chief Lydia Hwitsum, political executive of the First Nations Summit
Chief Lydia Hwitsum, political executive of the First Nations Summit Photo by Green /PNG

Chief Lydia Hwitsum, political executive of the First Nations Summit, said the legislation is the first step in addressing the larger systemic racism issues and problems that exist within society.

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“For far too long, our people have been disproportionately affected by systemic racism, whether it be in the legal system, medical system, government institutions or other areas of society, and this injustice has been invisible due to the lack of disaggregated data,” Hwitsum said in a statement. “This legislation will enable enhanced collection, analysis and utilization of data in a way that honors our rights to data sovereignty. Nothing about us without us.”

The act requires the creation of an anti-racism data committee that oversees how the demographic data is managed and identifies areas to research and statistics to release. The committee, which will be appointed by August, will work closely with Indigenous groups and racialized communities.

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The government hopes these measures will ensure that racialized groups aren’t harmed by the data which, if released poorly or without context, could lead to further prejudice, stereotyping and stigmatization. During the public engagement process, First Nations groups said they are wary of attempts to categorize them since historically this did more harm than good.

Premier John Horgan acknowledged it will take time to “build back confidence where none existed for decades” noting that generations of Indigenous people have been traumatized by government policies. The legislation was drafted after feedback from 13,000 British Columbians, including Indigenous and Métis groups and racialized communities, who weighed in on how the government can safely collect and use demographic data to address systemic racism.

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While some expressed concern about how the data would be collected and used, more than 90 per cent of racialized people who provided feedback said collecting demographic data could help identify barriers and gaps in services, reduce inequities and increase their trust in the government.

That’s why the act was co-developed with Indigenous communities, Singh said.

The legislation comes in response to years of criticism that the province lacks the demographic data to deal with systemic discrimination in society. This was highlighted during the pandemic when health officials lacked the data to determine whether racialized groups were disproportionately contracting COVID-19 because of high risk factors. It has also prevented the BC Coroners Service or police watchdogs from analyzing whether racialized people are more likely to be injured or killed by police.

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