The Hamilton Spectator

No clarity on link between carding and gunfire

Hamilton police still compiling data in wake of new provincial law

- SUSAN CLAIRMONT

Has “carding” legislatio­n led to an increase in gun violence?

It’s a good question. Maybe even an excellent question. But there isn’t a solid answer right now and I’m not sure there ever will be anything definitive.

The best Hamilton Police Service can do, for the moment, is to say: “We do not have any evidence that can definitely make a correlatio­n between COII (Collection of Identifyin­g Informatio­n) and shootings,” according to Supt. Nancy Goodes-Ritchie when the issue was raised at Thursday’s Police Services Board meeting. So let’s break that down.

It was raised by board chair Lloyd Ferguson, who said people have told him they are concerned about the number of shooting incidents we’ve had in our city recently — 40 in 2017 (up from 22 in 2016) and three so far this year.

He asked if the spike in shootings has been caused by the controvers­ial new provincial COII (pronounced “coy”) legislatio­n brought into effect a year ago.

This is often referred to as carding or street check legislatio­n.

However, Goodes-Ritchie explained that carding and COII are actually two different things. Carding, the way it used to be defined, was “broadly interprete­d as community interactio­n for investigat­ive purposes,” she said.

It was virtually any random interactio­n between police and members of the public in which records were created and kept on file.

Historical­ly, racialized groups have been disproport­ionately carded by police across Ontario. The new legislatio­n aims to prevent police from targeting or harassing visible minorities by imposing strict rules on engagement.

Police can no longer collect identifyin­g informatio­n on someone not under investigat­ion, on a person stopped arbitraril­y or on someone due to race or location in a crime-heavy neighbourh­ood.

Goodes-Ritchie said police can still randomly stop a person and talk to them. But if an officer asks for identifyin­g informatio­n, COII kicks in.

“COII doesn’t prohibit us from interactin­g with the community,” she said.

Five years ago, Hamilton officers “carded” 4,803 times. Last year, they did just five COII checks.

“Five? Over the whole year? Only five people? Why such a low number?” asked board member Walt Juchniewic­z.

The complicate­d answer from Goodes-Ritchie was that 2017 was a transition year when the new law was being implemente­d, officers were being retrained and police were learning how to make COII “applicable on the street.”

But also that comparing the old carding numbers to COII is like apples and oranges.

Of the five people included in the COII stats for 2017, one was black, another was “perceived” to be black by the officer, and then each of the rest were perceived to be Filipino, Indigenous and white.

So how does all this fit in with shootings? Is the city less safe now? asked Ferguson.

Acting Chief Dan Kinsella said there isn’t enough data to determine if there is a correlatio­n between COII legislatio­n and shootings.

There is only one year of statistics.

“It is too early in my view to make any kind of determinat­ion. We need more time.”

Kinsella did acknowledg­e that “we’re up in our shootings, for sure.” He added that most of them are “targeted” and “drug related.”

But that doesn’t mean there is zero risk to the general public.

“Usually (the shooters) know who they’re after,” Kinsella said.

“But that doesn’t prevent stray bullets from flying through the air.”

So is Hamilton an anomaly with the spike in shootings and the low number of COII? asked Ferguson.

No, said Kinsella. Shootings are up and COII checks are down around the province.

Are Hamilton police officers talking to random members of the public as often as they were five years ago and stopping just short of asking for identifyin­g informatio­n?

Or has the new legislatio­n had a chilling effect, making officers less likely to engage?

“I don’t think our officers are choosing not to engage. I think our officers are engaging very much today as they have all along,” Goodes-Ritchie said.

How does she know? What proof is there?

Well, there isn’t any really. Other than anecdotall­y. There are no statistics kept on all random interactio­ns, just the few that fall under the new rules.

Ferguson met recently with Justice Michael Tulloch, who is assessing the impact of the COII legislatio­n.

The board chair says he asked Tulloch to look at the possible correlatio­n between COII and shootings.

Perhaps Tulloch can find a way to answer some of the questions hanging out there. If there is a relationsh­ip between COII and increased gun violence, we need to address it. If not, let’s move on.

‘‘COII doesn’t prohibit us from interactin­g with the community. SUPT. NANCY GOODES-RITCHIE

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 ??  ?? Ferguson: Is Hamilton less safe than it was before?
Ferguson: Is Hamilton less safe than it was before?

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