No random checks under new police ‘carding’ policy
REGINA In the wake of concerns raised across the country pertaining to a police practice known colloquially as “carding,” the Saskatchewan Police Commission (SPC) put together what it terms a single, consistent framework for contact interviews in this province.
“This policy reflects all of the perspectives, opinions and input that the commission received in deliberating and developing our policy as it now stands,” said SPC executive director Rick Peach on Wednesday, when details of the policy were announced.
Among concerns raised by some members of the public was the perception police were singling out members of identifiable groups — particularly by race — for such interviews. This policy speaks directly to those concerns, making it clear contact interviews are “only to be conducted in a manner that respects and protects the rights of the public” under legislation such as the federal Charter of Rights and Freedoms and the Saskatchewan Human Rights Code.
As such, officers are not to conduct contact interviews on a random or arbitrary basis, or based solely on a person’s race, age, socio-economic circumstances, religion or various other characteristics.
Contact interviews are defined as contact with the public intended to gather information not related to a specific known incident or offence, and it is to be for one of several listed purposes:
When there is no apparent reason for a person’s presence in a particular area, such as being in a commercial or industrial area late at night when everything is closed;
When a person’s actions, behaviour or demeanour raise a concern as to their purpose or safety;
And when a person appears lost, confused or in need of help.
The policy — effective immediately — is not meant to prevent normal social interaction or conversation between police and the public.
“The commission wants police officers talking to people in the community,” said SPC chair Neil Robertson. “The more we communicate with each other, the better chance we have of understanding and helping each other. The commission is satisfied that this policy meets the goals of being both effective and legitimate, and is consistent with the philosophy of community policing.”
Additionally, the policy sets out the rights of the public when approached for a contact interview, stating people don’t have to answer questions or provide identification.
They are also free to leave at any time. In short, the policy states, contact interviews must be voluntary.
Robertson said the policy was subject to 2½ years of consultations and development, and involved input from police, First Nations people, members of the legal community, the Human Rights Commission, academics, the public and others.
The policy pertains to 13 municipal and First Nations police services across the province.
It does not apply to the federally run RCMP.
The policy has the support of the Saskatchewan Association of Chiefs of Police (SACP) and the Saskatchewan Federation of Police Officers (SFPO), both represented at Wednesday’s announcement. The Federation of Sovereign Indigenous Nations (FSIN), which was said to have been consulted during the policy’s development, was not present.
An FSIN spokesperson did not respond by deadline to requests for a statement.
Saskatoon Police Service Chief Troy Cooper said he’s aware the issue is a contentious one, but added contact interviews are “an important component of community policing.”
“However there must be a balance in utilizing policing techniques and maintaining public confidence,” he added. “I want to assure our community that our Service will be reviewing the policy in consultation with the Saskatoon Board of Police Commissioners and will develop an approach that will best meet the needs of our citizens.”
Lawyer Larry Kowalchuk, who represents a man who went to the Saskatchewan Public Complaints Commission with concerns he was racially profiled, said he isn’t satisfied with what he sees in the policy.
“I don’t see a need,” he said. “I mean, somebody’s walking down the street with a backpack at three in the morning, what business is it of yours? ... That’s discretion that I don’t think is needed or necessary.”
He said it’s the experience of Indigenous people and people of colour that they are being targeted, and he added many fear repercussions should they just walk away.
He invited an approach in which police make the person’s rights clear before any contact interview.
Estevan Police Service Chief Paul Ladouceur, representing the SACP, said he’s aware some people have concerns, but added the public also expects police to keep their communities safe.
“A lot of criminal activity has been solved by police engagement and interaction with the public, and I think to remove that ability for police to engage with the community, the public, is dangerous,” Ladouceur said.
Examples of contact interview situations mentioned include a person standing on a bridge; while the person might simply be checking out the scenery, police might learn he or she is planning selfharm.
A second example involved people seen walking in the early morning in an otherwise-deserted industrial area — the location of a rash of business break-ins. In cases like those, it was argued, contact interviews are essential. Otherwise, Ladouceur said, “you’re essentially inhibiting the police from performing the very functions that the public want and expect.”
Regina Police Service Sgt. Casey Ward, president of the SFPO, said good policing involves officers getting out of their cars and talking to people.
“If they’re driving by and you see someone in a back alley, loading something up in a car at two in the morning, a good police officer’s going to stop and talk to that person, see what they’re doing,” he said. “Could it be the homeowner, just packing some things up? Absolutely. Or could it be a crime committed?”