By Gideon Christian

Facial recognition technology (FRT) is an artificial intelligence (AI)-based biometric technology that utilizes computer vision to analyze facial images and identify individuals by their unique facial features. This sophisticated AI technology uses advanced computer algorithms to generate a biometric template from a facial image. The biometric template contains unique facial characteristics represented by dots, which can be used to match identical or similar images in a database for identification purposes. The biometric template is often likened to a unique facial signature for each individual.

A significant rise in the deployment of AI-based FRT has occurred in recent years across the public and private sectors of Canadian society. Within the public sector, its application encompasses law enforcement in criminal and immigration contexts, among many others. In the private sector, it has been used for tasks such as exam proctoring in educational settings, fraud prevention in the retail industry, unlocking mobile devices, sorting and tagging of digital photos, and more. The widespread use of AI facial recognition in both the public and private sectors has generated concerns regarding its potential to perpetuate and reflect historical racial biases and injustices. The emergence of terms like “the new Jim Crow” and “the new Jim Code” draws a parallel between the racial inequalities of the post-US Civil War Jim Crow era and the racial biases present in modern AI technologies. These comparisons underscore the need for a critical examination of how AI technologies, including FRT, might replicate or exacerbate systemic racial inequities and injustices of the past.

This research paper seeks to examine critical issues arising from the adoption and use of FRT by the public sector, particularly within the framework of immigration enforcement in the Canadian immigration system. It delves into recent Federal Court of Canada litigation relating to the use of the technology in refugee revocation proceedings by agencies of the Canadian government. By delving into these legal cases, the paper will explore the implications of FRT on the fairness and integrity of immigration processes, highlighting the broader ethical and legal issues associated with its use in administrative processes.

The paper begins with a concise overview of the Canadian immigration system and the administrative law principles applicable to its decision-making process. This is followed by an examination of the history of integrating AI technologies into the immigration process more broadly. Focusing specifically on AI-based FRT, the paper will then explore the issues of racial bias associated with its use and discuss why addressing these issues is crucial for ensuring fairness in the Canadian immigration process. This discussion will lead to a critical analysis of Federal Court litigation relating to the use of FRT in refugee status revocation, further spotlighting the evidence of racial bias in the technology's deployment within the immigration system.

The paper will then proceed to develop the parallels between racial bias evident in contemporary AI-based FRT (the “new” Jim Crow) and racial bias of the past (the “old” Jim Crow). By focusing on the Canadian immigration context, the paper seeks to uncover the subtle, yet profound ways in which AI-based FRT, despite its purported neutrality and objectivity, can reinforce racial biases of the past. Through a comprehensive analysis of current practices, judicial decisions, and the technology's deployment, this paper aims to contribute to the ongoing dialogue about technology and race. It challenges the assumption that technological advancements are inherently equitable, urging a re-evaluation of how these tools are designed, developed, and deployed, especially in sensitive areas such as refugee status revocation, where the stakes for fairness and equity are particularly high.

69 McGill Law Journal 441 (October 2024)

By Susanne Schwarz

The end of the Civil War brought freedom to 3.9 million formerly enslaved people. Yet, almost immediately following the war, Southern states started to incarcerate freedpeople at unprecedented rates in an effort to reinstate racial hierarchies in the post-Emancipation era. Not before long, Southern states introduced new carceral institutions, most notably the convict-lease system, under which prisoners were leased out as laborers to private contractors for the duration of their sentence. The emergence of convict leasing has often been portrayed as a programmatic attempt by the Southern whites to find an alternative to antebellum chattel slavery. Paying special attention to the sequencing of political events during Reconstruction, I revisit this story by highlighting the role that state capacity and public finance played in the introduction of the policy. As conviction numbers swelled after Emancipation, the carceral capacity of Southern penitentiaries was quickly overwhelmed, prompting Reconstruction legislatures and governors to search for alternatives to conventional imprisonment. I argue that convict leasing emerged from these capacity challenges as a cost-effective solution that initially enjoyed broad bipartisan support. Over time, leasing grew more profitable, both for the state governments and the lessees, and abolition efforts were stalled for decades, even when the system became increasingly abusive. Using a range of archival materials, I illustrate these carceral developments in an in-depth case study of the origins of convict leasing in Georgia.

Studies in American Political Development, May 2023

The report documents how systemic neglect and lack of investment in healthcare contribute to high cervical cancer mortality rates among Black women in the Mississippi Delta.

Human Rights Watch, January 29, 2025, n.p.

By Nina Mast

This spotlight details the racist history of tipping, federal and state policy governing tipped work, and the experience of tipped workers in the economy—both nationwide and in the South. Across the country, tipped workers are more likely to be people of color, women, women of color, or single parents, and are disproportionately born outside of the United States. Tipped workers earn low wages, experience high rates of poverty, and are vulnerable to exploitation in the workplace—particularly in the form of wage theft and sexual harassment. The South has the largest tipped workforce of any region. Tipped workers in the South are paid the second lowest median wage of any region, and most Southern states allow employers to pay tipped workers as little as $2.13 an hour. Hispanic workers in the South are overrepresented in tipped work, as are women—who account for 70% of the tipped workforce despite making up less than half of all workers in the region.

Washington, DC: Economic Policy Institute, June 18, 2024. 14p.

By Robert E. Speer

This book emphasizes that all races are part of one human family, created by God, and that racial distinctions are not biological but social constructs. It discusses the erroneous belief in racial superiority and the harm it causes, and argues that races can change and progress through education and environment, not just heredity. The ultimate solution to racial problems is presented as following the teachings of Jesus Christ, promoting love, peace, and unity among all races.

By Tiie Council of Women For Home Missions And Missionary Education Movement Of The United States And Canada. 1924. Read-Me.Org Classic Reprint 2024. .263p.

By Antonia Lucia Dawes

Race talk is about language use as an anti-racist practice in multicultural city spaces. The book contends that attention to talk reveals the relations of domination and subordination in heterogeneous, ethnically diverse and multilingual contexts, while also helping us to understand how transcultural solidarity might be expressed. Drawing on original ethnographic research conducted on licensed and unlicensed market stalls in heterogeneous, ethnically diverse and multilingual contexts, this book examines the centrality of multilingual talk to everyday struggles about difference, positionality and entitlement. In these street markets, Neapolitan street vendors work alongside documented and undocumented migrants from Bangladesh, China, Guinea Conakry, Mali, Nigeria and Senegal as part of an ambivalent, cooperative and unequal quest to survive and prosper. As austerity, anti-immigration politics and urban regeneration projects encroached upon the possibilities of street vending, talk across linguistic, cultural, national and religious boundaries underpinned the collective action of street vendors struggling to keep their markets open. The edginess of their multilingual organisation offered useful insights into the kinds of imaginaries that will be needed to overcome the politics of borders, nationalism and radical incommunicability.

Manchester, UK: Manchester University Press, 2020.