Waterloo Region Record

Random carding by police officers needs to end, judge says in report

Civil rights advocates praise findings, which now go to province

- PAOLA LORIGGIO AND MICHELLE MCQUIGGE

TORONTO — Police and the public need to be able to clearly distinguis­h between valid street checks by officers and random stops that should be abandoned altogether, a judge tasked with reviewing the province’s regulation­s on the issue said Friday.

Justice Michael Tulloch said misinforma­tion and confusion have taken root over the years, with the key distinctio­n being lost between street checks and a specific subset known as carding.

As part of a 310-page report issuing recommenda­tions for the provincial government, Tulloch called for police forces to stop random street checks in which a person’s informatio­n is demanded, adding they disproport­ionately harm people from racialized communitie­s, waste police resources and do nothing to address crime.

But Tulloch argued street checks can have real investigat­ive value as long as they take place when police have clearly defined grounds to stop a person, question them and potentiall­y retain identifyin­g informatio­n.

“It is far better to use our limited resources to focus on individual­s who are reasonably suspected of committing an offence rather than using valuable manpower to question thousands of people not reasonably suspected of anything,” Tulloch told a news conference.

“The negative impact of random carding, particular­ly on Indigenous, black and other racialized communitie­s, combined with the limited evidence that it is an effective police tool, brings me to only one logical conclusion, and that is that random carding should end.”

Anti-racism and civil rights advocates welcomed the report, saying Tulloch’s findings confirmed what marginaliz­ed communitie­s had been reporting for decades. But some questioned the premise that misinforma­tion was to blame for the persistenc­e of random street checks, particular­ly against racialized people.

“We’re seeing a huge resistance from police department­s actually . ... This is something that our communitie­s — as people of colour, black and Indigenous folks — need, but we’re struggling to actually get them to implement,” said Ravyn Wngz, of the group Black Lives Matter.

“I feel like it’s intellectu­ally dishonest to say ... ‘Oh, there’s just been confusion.’ I don’t think that’s the case.”

Knia Singh, a lawyer and former Toronto mayoral candidate who has spoken out about his experience­s with carding, urged the government to adopt Tulloch’s recommenda­tions.

“I think with public outcry and the comprehens­iveness of this report, it will be difficult for them to turn a blind eye to it,” he said.

The Canadian Civil Liberties Associatio­n expressed similar sentiment, saying the province would be “hard pressed” to ignore such a clear and damning document.

“It’s a stake in the heart of a dead, destructiv­e policy — carding — and it’s the definitive work on ... why it’s ineffectiv­e and why it should not be pursued by any police force in Canada,” executive director and general counsel Michael Bryant said.

The Progressiv­e Conservati­ve government said it plans to review the report as part of an overhaul of policing legislatio­n and will be guided by its findings.

Tulloch was asked to turn his attention to carding in 2017, months after the then-Liberal government made moves to eliminate what it described as systemic racism in law enforcemen­t.

The rules say police must inform people they don’t have to provide identifyin­g informatio­n during street checks, and that refusing to co-operate or walking away cannot be used as reasons to compel informatio­n. The aim was to end arbitrary stops, especially those based on race.

Tulloch said officers are justified in stopping people if they have clearly defined grounds to believe something is amiss, citing as an example someone trying to pry open a window of a home in the middle of the night.

Such circumstan­ces would clearly merit further questions, he said.

Officers should spell out their reasons for the stop to the person they are addressing, as well as in their report on the interactio­n, Tulloch said.

He drew the line, however, at random stops, saying they have a detrimenta­l effect on the relationsh­ip between law enforcemen­t officials and the communitie­s they serve.

“The long-term impact of randomly carding people in these communitie­s is the alienation of entire communitie­s from the police and a resulting lack of trust in and co-operation with the police,” he said.

Tulloch’s support for nonrandom street checks was echoed by the Police Associatio­n of Ontario. “It is most unfortunat­e that, over time, the intended purpose and its effectiven­ess as a crime prevention and solvency practice has been lost,” president Bruce Chapman said. “That being said, the PAO has been clear that our members have never and will never support the practice of arbitrary detention or racially biased stops.”

Tulloch also called for greater public education so that people are aware of their rights when it comes to interactin­g with police.

 ?? TIJANA MARTIN THE CANADIAN PRESS ?? Justice Michael Tulloch, who conducted a review of Ontario’s regulation­s on police checks for the provincial government, discusses his 310-page report during a news conference in Toronto on Friday.
TIJANA MARTIN THE CANADIAN PRESS Justice Michael Tulloch, who conducted a review of Ontario’s regulation­s on police checks for the provincial government, discusses his 310-page report during a news conference in Toronto on Friday.

Newspapers in English

Newspapers from Canada