The Niagara Falls Review

Cops interactin­g less with public since street check rules change: Chief

- DAVE JOHNSON TRIBUNE STAFF

Niagara Regional Police officers aren’t interactin­g as much with the public as they used to since the province changed how police handle street checks, also known as carding, says Chief Bryan MacCulloch.

Carding was used by police services across the province as a way to gather intelligen­ce on the streets by stopping people and asking questions even when there was no offence being investigat­ed. Police would record why they questioned a person, the location it took place, any associates and the skin colour of a person.

Opposition to the practice was widespread, with it being called unlawful and unconstitu­tional by many. It was also seen as targeting black men in larger urban centres. New regulation­s came into effect in 2017, which required police officers to inform people of their right not to provide identifyin­g informatio­n during interactio­ns when investigat­ing general criminal activity in a community, inquiring into suspicious activities to detect offences, and gathering informatio­n for intelligen­ce purposes.

Officers were also required to provide a reason for requesting any identifyin­g informatio­n from an individual, and that the reason not be arbitrary, based on race or being present in a high-crime neighbourh­ood.

People stopped could decline to speak with police, and officers were not able to use that as justificat­ion for further questionin­g or other action.

Niagara police services board chair Bob Gale, at its Thursday meeting, asked how things are now that the regulation­s are in place.

“It’s the law of the land, now legislatio­n in Ontario and we’ll comply with that legislatio­n,” MacCulloch said, but added, “There are some unintended consequenc­es that resulted from that legislatio­n.”

Numbers of interactio­ns between police and people on the street, the chief said, are low.

“We never want to discourage our members from having interactio­ns with the public … but we want to adhere to the legislatio­n as well.”

Gale asked about a review of the legislatio­n.

MacCulloch said Justice (Michael) Tulloch is reviewing it and assessing whether the province got things right or not.

He said Tulloch is to speak with Niagara police about the issue.

Tulloch is holding meetings with stakeholde­rs including police, police associatio­ns, community groups and individual­s until the end of April.

Board member Vaughn Stewart asked if there is a belief among police chiefs in Ontario there would be a tweaking of the legislatio­n after Tulloch’s review.

MacCulloch said there’ is likely to be some improvemen­ts.

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