During a meeting with the Ontario Human Rights Commission's (OHRC) acting Chief Commissioner, I was informed that the provincial Minister responsible for Community Safety and Correctional Services (which includes Police) was planning to make an announcement the next day (June 16th) on ‘Street Checks' or what most of us have come to know as ‘Carding'.
This practice where the police can stop anyone at any time and question them, often documenting the encounter with the information then entered in the police database (Canada has shared data amongst its various policing institutions) has come under sharp criticism for its targeting of Black (African descent) and to a lesser degree Brown (primarily South Asians) and Aboriginal individuals, especially young men. This practice of racial profiling of particular racialized communities was first raised by investigative journalists at the Toronto Star newspaper using the Toronto Police Services' own data.
The issue came to a head in Toronto and most of the media coverage has been focused on that City as African Canadian and Black immigrant communities called for end to the practice, or at the least for some measures to mitigate the negative impact of the practice on their communities. Specifically, communities have called for and the Toronto Police Services Board (the civilian oversight body governing policing) initially agreed to the following:
- Police officers will inform all those stopped outside of a specific investigation that they have a right to walk away and not engage in discussion with the Police; and
- A receipt of the encounter including the information taken from the resident stopped will be given to the individual
This compromise was brokered as a win-win for the communities affected and the Police. Unfortunately, the then Chief of Police refused to implement the policy (no procedures were written as directed by the civilian board of directors) and the whole issue was revisited and a watered down version (absent the two specific practices above) of the policy was eventually passed. The city exploded with recriminations by racialized communities and by others of influence including the former Chief Commissioner of the OHRC; a former mayor, the former provincial Attorney General and others. Premier Wynne weighed in stating that there was zero tolerance for discrimination and racial profiling in Ontario, and the NDP called for the banning of the practice, with the deputy party leader citing examples of being racially profiled and ‘carded' in the cities of Windsor and Toronto.
Fast forward to June 16, 2015, and the highly anticipated media announcement by Minister Yasir Naqvi. He spoke eloquently about Ontario's commitment to equality of treatment in all spheres of Ontario life. He spoke about the destructive impact of racism and discrimination on the psyches and life chances of affected communities, particularly Youth. He spoke of good examples of police-community relations in his community of Ottawa and the need to set provincial rules of engagement with communities for all police services in the province. He reiterated the Premier's message of zero tolerance for racism and discrimination particularly as it has to do with profiling based on race, gender, immigration status, faith - all critically important messages, especially coming from our political leadership. We waited for the words “This practice of racial profiling through ‘street checks' or ‘carding' will no longer be tolerated in our province and will cease effective immediately.”
Not Even Close!
What we heard instead is that legislation will be introduced in the Fall, after consultations across the province to determine what would be the best response.
Don't get me wrong. I'm all for consultations. But the communities affected by racial profiling and its sub-practice of ‘carding' or ‘street checking' have spent years speaking out against this. Many were part of the conversations that took place with Toronto Police and others like the OHRC that resulted in the win-win policy referenced above. There's consensus that the police must inform residents that they are not obliged to give information when stopped unless it is for specific investigation purposes. There is agreement that the police must give a copy (receipt) of the documentation they intend to keep on the stopped resident. And there's a growing consensus (caused largely by the major flip flop of the Toronto Police Services Board and the political flip off to the Black and other racialized communities by the Toronto Mayor and the former and current Chiefs of Police) that any police community resident engagement outside of investigative purposes should be banned - period.
In fact there's a growing campaign encouraging individuals to just walk away when stopped by the police after asking if one is under arrest. This is not the relationship that communities should have with those paid to serve and protect them but this is what it has come to. There is eroding trust between racialized (including immigrant and refugee) communities and police services in Ontario.
The practice of ‘carding' and the database where the information is kept must be eliminated. It violates Charter Rights. The practice has resulted in lost job opportunities for those needing a police check for their jobs. It has resulted in the privacy breach of those struggling with mental health challenges. The practice has resulted in false charges when youth have dared to exercise their right not to engage with police. In fact there's a current case of this where the Ontario Human Rights Commission has decided to intervene.
For many newcomers, particularly refugees, the police in their countries of origin were a source of repression and persecution. They were all-powerful. The practice of ‘carding' is a trigger for many. And as newcomers they are often unaware of their civil and political rights. Racial profiling is wide-spread in Ontario and other parts of Canada – from Border services to police services. Even Toronto's new Chief of Police who is of African descent has acknowledged that he has been racially profiled and ‘carded' several times. What is it about him that would cause him to be stopped by the police, other than the colour of his skin and his African features? This practice is pernicious and must be banned.
As the Ministry of Community Safety and Correctional Services consultations come to your community over the Summer, I ask you to speak out against the racism that drives these practices. As a sector we must say a collective NO to practices that divide rather than bring us together as a strong, inclusive Ontario.
In solidarity!