Toronto Star

No. It does not deter drunk driving

- MICHAEL BRYANT

Police boards and government­s should stop the savagery of online public shaming by police forces. Posting on a police website the names of those charged with impaired driving will not prevent a single DUI tragedy. It’s a demeaning stunt imported from U.S. populist haters.

News last week of York Regional Police posting on their website the names of everyone charged with impaired driving generated far more thumbs up than down on social media, because DUI tragedies understand­ably trigger public outrage and sympathy. YRP joins Niagara and Durham in the practice.

This version of internet shaming is new for YRP but ancient in its motivation. It’s just another iteration of the medieval pillory, wherein people are put in tortuous stocks in public squares to face jeering, and pelting with feces and rotten food.

The pillory was a form of corporal punishment that had long been abandoned by Canada and western society. Why? It was a cruel practice. It was also ineffectiv­e. After the Enlightenm­ent, our society imagined that prisons could permit a mix of civilized punishment through supervised incapacita­tion and, in theory, through rehabilita­tion.

York Regional Police’s actions reflect a frustratio­n with that modern punishment approach. Because it’s not work- ing to achieve the level of behavioura­l modificati­on that police wish for their communitie­s, notwithsta­nding that DUIs have been entirely denormaliz­ed in but a generation, thanks primarily to the organizati­on Mothers Against Drunk Driving.

It’s one thing for citizens to engage in the internet shaming of others. It’s quite another when it’s done by authoritie­s with great legal powers. If nothing else, it is an affront to the presumptio­n of innocence for a police department to do this. These charges should be thrown out by the courts tomorrow.

People who haven’t had their trial will lose jobs over this chief’s actions, today. Before you say that they deserve to be jobless, remember: they’ve been arrested and charged, the keys have been taken away, while they await their legal fate. Do they also deserve to be immediatel­y sentenced to interminab­le unemployme­nt — without a trial?

Meanwhile, there is zero evidence that this will provide a deterrent over and above the existing (disproven) deterrents arising from the legal system: licence suspension or prohibitio­n, criminal record, jail. Nor is YRP asking the public for informatio­n on these folks. Either police have the forensic evidence or they don’t.

So if it’s not for investigat­ive purposes and it’s not a deterrent, then YRP is insulting the public’s intelligen­ce by engaging in public shaming to no end. This amounts to either a double punishment (if convicted, the mug gets internet shaming without a trial plus the legal punishment of licence suspension plus fine and/or jail time) or wrongful public shaming because they weren’t convicted, amounting to a slander.

Don’t be fooled. This is a PR move parading as a public safety gesture. Online vigilantis­m by the police may be illegal and unconstitu­tional. But it’s also, back to my first point, a reflection of a community’s values. Is this what the people of York Region wish for their community? An online pillory?

Before your bloodthirs­ty “yes!” gets posted, consider where we go with this thinking. Why not permit police to publish names of people they just don’t like? Or why not every crime? Who needs a legal system?

To take out society’s frustratio­n with our legal system, or to take out the undeniable tragedy of impaired driving deaths in such a fashion takes us down the path that led to lynching, witch hunts, and McCarthyis­m.

Put another way, it’s not very Canadian. Maybe some police leadership actually believe it’s good public policy but in the end it’s just cheap and ugly mob rule, because none of those public interest justificat­ions stand up to scrutiny.

Police boards who tolerate this online pillory are appealing to the worst in all of us, when they are supposed to bring out the better.

 ??  ?? Michael Bryant is executive director of the Canadian Civil Liberties Associatio­n and was the 35th attorney general of Ontario.
Michael Bryant is executive director of the Canadian Civil Liberties Associatio­n and was the 35th attorney general of Ontario.

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