Toronto Star

Let carding go: Practice has left many oppressed and it’s time to end it,

- DANIEL BROWN OPINION

To those with a taste for police procedural­s, currently the longest running dramatic series is the episodic debate over random street checks and carding in Ontario.

It is a debate heavy with rhetoric from boosters who praise carding as being an invaluable investigat­ive tool to help both deter and solve crime. It is equally laden with anguish from marginaliz­ed communitie­s that have fallen victim to this ineffectiv­e act of institutio­nalized racism.

The twists and turns of the plot line have plagued front-line officers, civic leaders and provincial government­s alike. Time and again, carding policies have been proposed to bridge the divide; then modified, trashed and replaced with a new iteration.

Into this quagmire of technicali­ty and failure, Justice Michael Tulloch has stepped forward with a proposal that is daring, final and tremendous­ly simple to implement: Get rid of the practice of carding, once and for all.

Released on New Year’s Eve with little fanfare, Tulloch’s report was commission­ed by the previous Ontario government to review a new regulation it had introduced in early 2017 aimed at reducing the practice of police carding.

In his response, Tulloch takes pains to differenti­ate legitimate “street check” investigat­ions from random carding. In the latter, police have no suspicion that the person they are questionin­g may have been involved in any crime. Instead, acting on a hunch, or for no reason at all, officers simply fish for informatio­n they can enter in police databases for future reference.

Tulloch’s report echoes previous findings by criminolog­ists and successive Toronto Star investigat­ions that carding is prone to abuse and lacking in effectiven­ess. Rather than decreasing crime, it deters members of marginaliz­ed communitie­s from seeking the help of police or coming forward to help solve crimes.

The ills of carding dramatical­ly outweigh its dubious benefits. It disproport­ionately targets racialized groups. In focusing primarily on Black, brown and Indigenous men, it conveys a message that they are predispose­d to commit crimes solely on account of their racial origin.

The practice has left many racialized Ontarians feeling resigned, oppressed and dispirited. Others harbour a smoulderin­g resentment and distrust of police. The final indignity is that there is no mechanism for having this informatio­n removed or nullified from police databases.

Police unions and other supporters of carding counter with a theory that, without having it as a policing tool, a current rise in gun crime and the homicide rate would continue. However, this theory is based not on empirical research, but on unsubstant­iated convention­al wisdom and gut instinct.

How refreshing it would be if police unions and the tabloid press were — just this once — to champion more sophistica­ted notions of crime prevention, such as enhanced education, job creation and community programs for at-risk youth.

We have potentiall­y arrived at a watershed moment. Tulloch, a top appellate court judge and one-time Crown prosecutor with roots of his own in the Black community, exudes credibilit­y. He has consulted widely with police, cultural organizati­ons and individual­s affected by carding.

So, what fate awaits his report? Will the province heed his urging to bring more clarity to the informatio­n police can collect; to enhance training for officers and to impose disciplina­ry consequenc­es for those who persistent­ly breach strict regulation­s governing carding and street checks?

To be sure, it can only irk Premier Ford that Tulloch’s report was commission­ed by the former Liberal government he so detests. It is also discouragi­ng to recall that recommenda­tions from a previous review Tulloch held into reshaping police oversight in Ontario have disappeare­d into a sea of indifferen­ce.

At the same time, the premier hails from a region where carding and racial profiling are an undeniable blot on policing. Ford has made much of his purported friendship with the Black community. Here is his chance to prove that this claim is more than hot air.

If Ford intends to be known by his self-proclaimed moniker — the “people’s premier” — he should implement Tulloch’s recommenda­tions as the final episode in this dreary, long-running drama.

Daniel Brown is a Torontobas­ed criminal defence lawyer and a vice-president of the Criminal Lawyers’ Associatio­n. Follow him on Twitter: @danielbrow­nlaw

 ??  ??

Newspapers in English

Newspapers from Canada