Toronto Star

‘Ugly ticketing pandemic’ sweeps country

Civil liberties watchdog highlights allegation­s of racial profiling

- ROBERT BENZIE

The COVID-19 outbreak has sparked “an ugly ticketing pandemic” rife with racial profiling by overzealou­s enforcemen­t officers, a new Canadian Civil Liberties Associatio­n report finds.

In a 37-page study titled “Stay Off The Grass: COVID-19 and Law Enforcemen­t in Canada,” the rights watchdog calculates 10,000 tickets were issued between April 1 and June 15.

Quebec, the province hardest hit by the coronaviru­s, accounted for two-thirds of charges and three-quarters of the country’s $13 million in fines.

In comparison, there were 2,853 charges in Ontario, which made up less than one-fifth of the fines levied across the country.

“Somehow, a public health crisis has been twisted into a public order crisis,” said CCLA executive director Michael Bryant.

“This report proves that we’ve got an ugly ticketing pandemic, replete with COVID carding and racial profiling,” said Bryant, a former attorney general of Ontario.

The review, which comes on the heels of a CCLA report last Friday suggesting Canada is in the gravest curbs on civil liberties since the 1970 October Crisis in Quebec, highlights allegation­s of racist behaviour.

“In Ottawa, an internal review has been launched into the case of a Black man who was punched by a bylaw officer. And in Toronto, two Black women reported that a bylaw officer stopped them, but not other white users of the park, and said they were ‘trespassin­g’ and that if they were at his home he could ‘shoot’ them,” the report says.

“In mid-May, in Saskatchew­an, the RCMP interrupte­d a sun dance ceremony of the Okemasis Cree First Nation despite the fact that the organizers said they limited the number of people at the event and practised physical distancing.”

While the CCLA acknowledg­es that “unfortunat­ely, we may never have quantitati­ve data regarding discrimina­tory patterns of COVID-19 enforcemen­t in Canada,” there is considerab­le anecdotal evidence of racial prejudice during a pandemic that has killed about 8,500 Canadians.

“Despite large gaps in data, however, there have been numerous reports of Black, Indigenous and other racialized and marginaliz­ed people being targeted by COVID-19-related enforcemen­t measures,” says the report obtained by the Star.

“Numerous individual­s who got in touch with CCLA and self-identified as racialized felt that they had been targeted by law enforcemen­t because of their race,” it continues.

“One organizati­on that provides services to the Indigenous community in Montreal reported that a large number of their clients, many of whom were street-involved, had received COVID-related tickets and reported a significan­t increase in police harassment.”

The report notes the penalties for pandemic-related offences are steep.

“In Quebec, the fines are most often $1,546, and are enabled under the province’s Public Health Act. In Ontario, fines enforced under the Emergency Management and Civil Protection Act are $750, with a mandatory victim surcharge, bringing the cost of each ticket to $880,” the review says.

“In Nova Scotia, tickets are most often $697.50. In Saskatchew­an, tickets are the highest in the country, at a minimum of $2,000 each. In all instances, the size of the fine goes up after the first alleged violation, and can potentiall­y result in jail time.

“Although we have not seen evidence of anyone going to jail for receiving multiple tickets in Canada, there have been media reports of people being fined multiple times.”

University of Ottawa criminolog­y researcher Alexander McClelland, a founder of the new Policing the Pandemic Mapping Project, which cowrote the report, said the law enforcemen­t strategy may not be good for public health.

“Lessons from previous public health emergencie­s have shown that compliance with public health strategies is most effectivel­y secured through goodwill and education — not policing, fines and arrests,” said McClelland.

Abby Deshman, director of the CCLA’s criminal justice program, noted there were common themes from the more than 100 people who contacted the rights organizati­on to share concerns.

“Many of the experience­s Canadians shared demonstrat­e how overzealou­s, technical enforcemen­t of confusing, broad and vague laws led to fines that were completely disconnect­ed with the goal of protecting public health,” said Deshman.

“Many others who contacted CCLA seemed to have been ticketed for actions that were not contrary to any emergency orders at all. All the tickets we were contacted about were issued without warnings or attempts at education,” she said.

“We received multiple reports of bylaw officers being needlessly aggressive with Black individual­s walking through parks. “LGBTQ+ folks also reported that they also felt targeted by law enforcemen­t.”

 ?? CHRIS YOUNG THE CANADIAN PRESS ?? A city bylaw enforcer looks on as people sit within circles in Toronto’s Trinity Bellwoods Park. Two-thirds of the charges and three-quarters of the fines were given out in Quebec.
CHRIS YOUNG THE CANADIAN PRESS A city bylaw enforcer looks on as people sit within circles in Toronto’s Trinity Bellwoods Park. Two-thirds of the charges and three-quarters of the fines were given out in Quebec.

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