Toronto Star

Black people and police both suffer from attempts at social control

- REID RUSONIK

The irony of the agony being experience­d by police officers across North America in the wake of the ambush of so many of their comrades by a black man last week in Dallas, and of the endless agony of North American black people at the hands of police officers, is that the suffering of both groups is at the hands of the same culprit.

While the police would rather they were facilitati­ng social justice and that black people, like everyone, would be benefittin­g from it, both sides are instead victims of a system that has a hard time shaking off its historic antecedent­s of being intended for social control.

The criminal justice system in both the United States and Canada has retreated in recent years from living-up to its modern-day ideals. Instead of legitimizi­ng each society by constituti­onally policing and fairly deliberati­ng the guilt or innocence of those suspected of committing crimes, it has slipped back too much into a system of managing the behaviour of the impoverish­ed, a disproport­ionate amount of whom are black.

The reality is the majority of black people in the United States who are poor are so because they are still recovering from slavery and from a litany of laws, policies and attitudes that followed black emancipati­on and maintained some of the worst disadvanta­ges of slavery.

Blacks in Canada are disproport­ionately poorer because so many of them come from impoverish­ed countries where their recent ancestors were slaves as well. They started here with little more than nothing and many of them have not yet caught up, either. And catching up is getting harder, if not impossible. The behaviour of poor people needs to be controlled in such situations. Their revolt is feared. They need to be made to accept their lot in society — accept it or go to jail.

The criminal justice system across North America has responded to this need, hopefully unwittingl­y, by sentencing people to jail and detaining them in pretrial custody in record numbers and lengths of incarcerat­ion.

Police forces such as Toronto’s continue to grow and proactivel­y feed the courts with an endless stream of poor people to detain and jail. The police, more certainly unwittingl­y, become the tools of trying to maintain the viability of unequal societies.

This isn’t planned — there is no malevolent brain trust directing it — but a system originally designed for social control is vulnerable to individual acts of choosing security and one’s own privilege over social justice. No more egregious example of this exists than the fact there are more people in jail now awaiting trial, who have been found guilty of nothing, than there are people serving sentences. How is that possible if the goal is social justice?

The poor are “the other” and the other is always feared. Watch the videos of the shootings of Alton Sterling and Philando Castile. Whatever else can be said of the police officers who killed these two men, they were clearly afraid of them — irrational­ly, pathetical­ly, frustratin­gly afraid of them.

In the case of Toronto, the police are predominan­tly well-paid men from affluent suburbs who come into the city to police people different from them. The police are no less the other to impoverish­ed black people, however more rational their fear of the police might be.

A society cannot long survive being divided into others like this. It certainly will not thrive as it should and provide its members with a sense of real wellbeing and security. It will be ceaselessl­y in tension.

What, then, must be done to alleviate this tension? More sensitivit­y training?

Some of the most culturally sensitive and compassion­ate people I have encountere­d are police officers, judges and Crown attorneys and yet, inevitably, they all have had to do things to impoverish­ed black people they never wanted to do because of the system they work in.

The reality is the system treats the affluent differentl­y, even affluent black people. They are policed more gently and respectful­ly and constituti­onally. The same thing is repeated in the court process.

For the criminal justice system to achieve its goal of being one means of achieving social justice and less about social control, there will simply have to be greater income equality, and almost certainly through an income redistribu­tion vehicle such as a universal basic income program.

And the justice system will have to work to constantly remind itself that its role in a democracy is predominan­tly social justice; the social control role belongs to a pre-democratic time, and a horribly nonegalita­rian one.

Reid Rusonik is a Toronto criminal defence lawyer and managing partner of Rusonik, O’ Connor, Robbins, Ross, Gorham & Angelini, LLP.

 ?? JONATHAN BACHMAN/REUTERS ?? A demonstrat­or protests the shooting death of Alton Sterling in Baton Rouge, La., on July 9.
JONATHAN BACHMAN/REUTERS A demonstrat­or protests the shooting death of Alton Sterling in Baton Rouge, La., on July 9.
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