Toronto Star

‘The issue isn’t carding, it’s racial bias’

Advocates seek more training for officers after report calls for ban on street checks

- MAY WARREN AND ALYSHAH HASHAM STAFF REPORTERS

Kofi Hope was sitting in a car outside a Mississaug­a nightclub with a few friends trying to decide if they should brave the cold and get in line, when he says several cops suddenly surrounded them with flashlight­s, demanding they get out of the vehicle.

“They kept saying to us, ‘we know one of you has the record. Who has the record? Who has the record?’ ” Hope, now 35, says of the incident about 15 years ago.

No one did. After looking at all of their IDs, searching them and the car, he says police let the young men go. Hope is not sure what the officers did with his informatio­n from that night. But he says he does know he’s been stopped multiple times and he’s not the only one.

“I think most young people of colour in the GTA have had those experience­s,” says Hope, a senior policy adviser at non-profit think tank the Wellesley Institute and a Rhodes Scholar.

“It’s disempower­ing, it’s insulting, you feel unsafe.”

A300-plus page independen­t review of street checks known as “carding” that dropped on New Year’s Eve has advocates calling for urgent changes, saying arbitrary and discrimina­tory street checks like what Hope describes cannot be stopped without measures to address racial bias in policing.

The report from Court of Appeal Justice Michael Tulloch includes a review of the province’s 2017 regulation on carding and concluded that random street checks should be banned.

“I think most young people of colour in the GTA have had those experience­s. It’s disempower­ing, it’s insulting, you feel unsafe.”

KOFI HOPE ON RANDOM CHECKS BY POLICE

Tulloch’s report said the checks have little effect on reducing crime and have caused significan­t damage to racialized communitie­s, especially among youth.

It includes recommenda­tions to clarify when police can stop to collect identifyin­g informatio­n outside of an active investigat­ion — including that there should be some suspicion based on objective and credible grounds justifying an inquiry.

“It’s not news to anyone who’s been doing this work, or advocating around carding,” Hope says of the report’s conclusion­s.

“The issue is not about carding, the issue is about racial bias in policing ” he adds. “Carding is just one manifestat­ion.”

There has to be better training, oversight and accountabi­lity, Hope says, because “the consequenc­e of having even a few officers with those views is hugely detrimenta­l.”

Staff Sgt. Valerie Graham of the Peel Regional Police told the Star in an email she’s unable to comment specifical­ly on Hope’s encounter. She said the service follows the provincial legislatio­n on street checks.

“Peel Regional Police has never supported random arbitrary race-based stops of any kind, and if an officer was found to participat­e in such a stop, they would be discipline­d,” she added.

Toronto police Const. Rob Reid told the Star on Monday he and his colleagues take the report “very seriously.”

In the report, Tulloch recommende­d further training for both front-line and supervisin­g police officers on why the carding regulation was instituted, how it applies and what the legal basis for police stops are. The training should also include bias awareness, he wrote.

Asante Haughton, a 33-yearold peer support leader who says he’s been stopped by police so many times he’s lost count, agrees training is key.

“Just because a bias or a prejudice is there currently doesn’t mean that it’s going to sustain itself if we work intensely against it,” he said, adding carding breeds distrust, which can get in the way of solving actual crimes.

During his teen years living near Regent Park, he says he was stopped going to school, coming home from school, even in front of his own door. He says he’s been stopped at least 25 times, even though he’s never been arrested or involved with gangs.

Haughton knows his rights but says he still gives his info to police every time he’s asked.

“In the moment there’s just this feeling of danger and this feeling of powerlessn­ess, and being hyper vigilant about what I say, what I do. What’s my body language? What’s my posture? Am I behaving in a way that could be perceived in a way that’s resisting or combative in some way?” he says.

“Because ultimately I’m trying to avoid the escalation of a police encounter.”

The report also outlines how officers should conduct and record such interactio­ns, including that, as the regulation requires, the individual must be informed that providing identifyin­g informatio­n is voluntary and that the officer must offer to provide a receipt for the interactio­n. Tulloch said the person should also be told the specific reason the informatio­n is being requested, that the informatio­n may be recorded and stored in a police database and that some of the informatio­n, such as the person’s religion, is being requested to help eliminate sys- temic racism.

The 2017 regulation bans collecting identifyin­g informatio­n if the stop is arbitrary or based on the person being part of a racialized group. Tulloch recommende­d this be expanded to include socio-economic status and other prohibited grounds of discrimina­tion under the Ontario Human Rights Code.

Tulloch also recommends the data should be destroyed after five years at the most. That’s something Black Lives Matter Toronto co-founder Sandy Hudson was glad to see, but thinks it should go further.

“Five years is a long time to wait if it’s something that’s preventing you from getting a job,” she says. “Especially the retroactiv­e stuff, can we just get rid of it? We know it’s been collected incorrectl­y.”

Hudson, like Hope, was happy to see Tulloch’s conclusion that random carding doesn’t serve an investigat­ive purpose, but says it’s not news to communitie­s who’ve been working on the issue.

“We so know this,” she says. “Right now what’s necessary is political will to actually address the racism that our communitie­s are experienci­ng from the police.”

Sylvia Jones, Ontario minister of community safety and correction­al services, has said in a statement the Progressiv­e Conservati­ve government will review Tulloch’s recommenda­tions.

Repeated analyses by the Star of Toronto Police Service carding data have found Black people were more likely than white people to be stopped, questioned and documented in each of the city’s more than 70 patrol zones, and that the likelihood increased in areas that are predominan­tly white. A report released mid-December by the Ontario Human Rights Commission into racial profiling and discrimina­tion by Toronto police noted several instances where the Special Investigat­ions Unit found no legal basis for the police to stop or detain Black civilians and heard from Black Torontonia­ns about instances where they were arbitraril­y stopped by police while walking or driving.

Toronto police suspended carding in 2015 and now, like all Ontario police forces, are governed by the provincial carding regulation.

Lawyer and community organizer Knia Singh, who has previously shared his experience­s with carding with the Star, says he supports enhanced anti-bias training for police officers that involves members of the community who have experience­d racial profiling and discrimina­tion. He also wants to see increased oversight and stiffer penalties for police misconduct, saying there should be repercussi­ons when an officer engages in discrimina­tory behaviour.

He said it is unfortunat­e that in 2019 resources are still having to be invested in researchin­g these issues and undoing the damage done to communitie­s and trust in police, rather than into crime prevention measures and positive community supports.

“The last line of defence is police officers themselves. Officers have to hold other officers to account,” Singh said. “All as we can do as a community is hope for the officers to make the right decision not to engage in practices of targeting and discrimina­tion and report officers who do ... we rely on them to keep us safe and that includes from people in the organizati­on who pose a threat.”

“Ultimately I’m trying to avoid the escalation of a police encounter.” ASANTE HAUGHTON PEER SUPPORT LEADER

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 ?? RENÉ JOHNSTON TORONTO STAR FILE PHOTO ?? A report from Court of Appeal Justice Michael Tulloch says street checks should be banned since they have “little to no verifiable benefits relating to the level of crime or even arrests.”
RENÉ JOHNSTON TORONTO STAR FILE PHOTO A report from Court of Appeal Justice Michael Tulloch says street checks should be banned since they have “little to no verifiable benefits relating to the level of crime or even arrests.”

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