No recent complaints from citizens about police street checks: chief
Cooper says the interviews are voluntary, but critics question power imbalance
Saskatoon police introduced a framework to define contact interviews and when they could be used in order to address concerns about the practice of stopping people on the street to gather information, but some experts say they have concerns about aspects of the way it's applied.
Chief Troy Cooper said city police have not heard any concerns from people who have been stopped for contact interviews. In an email, the Saskatchewan Police Commission said it's not aware of any “recent concerns” about the policy.
The force's annual contact interview audit was presented to the police board at its Thursday meeting.
Policy introduced by the Saskatchewan Police Commission — the provincial body that sets standards for police — provided a definition for the practice in 2018: voluntary contact initiated by a police officer with a member of the public to gather information not specific to an offence.
Police can initiate one if there is no apparent reason for someone to be in a particular area, such as an industrial or commercial area, at night when the premises are closed; if the person's actions, behaviour or demeanour give rise to concern for their safety; or if the person appears lost, frightened, confused or in need of help.
Board member Coun. Hilary Gough posed several questions to Insp. Dave Mckenzie, who prepared the report, including whether people are told their participation is voluntary. Mckenzie said the provincial policy does not direct municipal police to offer a preamble.
In an interview, Cooper said police do not read from a card or recite anything, and it's not a requirement in Saskatchewan.
“What is included in our policy and our training is a reminder that these interactions are voluntary, and so our officers are encouraged and reminded of the requirement to treat them as voluntary interactions,” he said.
Julie Kaye, an assistant professor of sociology at the U of S, said a power dynamic exists between police and people they stop on the street.
“In a street check, even if you're advising somebody, you have a right to not share; does that person actually feel that they can say no, that they could walk away? And so the issue of consent there, and whether people are consenting because they feel coerced to do so or whether they're consenting because they actually would like to, is questionable,” she said.
In general discussion about street checks, issues of mistrust among racialized and Indigenous people have been raised, Kaye noted. If people feel coerced to share information, contact interviews aren't an effective means of engagement, she added.
Scott Thompson, an assistant professor of sociology at the University of Saskatchewan, raised concerns about stops that are conducted when police don't see a reason for the person to be in a certain location. Since the stop isn't related to any specific legal suspicion or crime, it's “the officers deciding that these people are in the wrong spot,” he said.
Thompson said he advocates for increased community voice in the policies, because the greater connection people have with policing, the more they'll think it's fair.
Kaye and Thompson are part of a U of S -based research team studying the use of contact interviews by police in the Prairie region.
Criminal defence lawyer Brian Pfefferle said people have the general right to move freely — not an unfettered right to access private property — so the policy may lead to infringement of individual rights, specifically the Charter protection against arbitrary detention.
“Unfortunately, the lines between a conversation, a feeling of psychological compulsion to speak, and arbitrary detention can often blur,” he said.
Cooper said Saskatoon officers' training covers respectful interactions, human rights codes, and what an appropriate interaction should look like.
“We are aware that there is a discussion from the very beginning about voluntariness and that's why it's reflected in some provincial policies. It hasn't been raised here specifically as a concern. There are very few contact interviews, done in Saskatchewan, period, so the evaluation of them — we're interested to see where that research leads us,” he said.
Unfortunately, the lines between a conversation, a feeling of psychological compulsion to speak, and arbitrary detention can often blur.