Organizations or institutions that may have a problem with racial profiling should undertake measures to improve recruitment, retention and promotion of employees who are members of Indigenous and racialized groups. (22 April 2018), online: www.theglobeandmail.com/news/national/kingston-police-more-likely-to-stop-blacks-study-finds/article18228211/. One article notes: “Typically, activity of the far right has not been monitored or taken seriously,” a tendency that stands in sharp contrast to the vigorous attention paid to members of Muslim communities. Special Senate Committee on the Anti-Terrorism Act, Fundamental Justice in Extraordinary Times: Main Report Of The Special Senate Committee On The Anti-Terrorism Act (2007) (David P. Smith, Chair) 39th Parliament, 1st Session, 3rd report at 21, online: Government of Canada www.publications.gc.ca/site/eng/395384/publication.html; United Nations Human Rights Council, Report of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism, Martin Scheinin: Ten Areas of Best Practices in Countering Terrorism, UNHRCOR, 16th Sess, UN Doc A/HRC/16/51 (2010) at 6; Charkaoui v Canada (Citizenship and Immigration), [2007] 1 SCR 350, 2007 SCC 9 (CanLII) at 27; Application under s.83.28 of the Criminal Code (Re), [2004] 2 SCR 248, 2004 SCC 42 (CanLII) at 7; ICCPR, supra note 21. Haase, “Sexting at School: Lessons Learned the Hard Way, Inquiry and Analysis,” http://www.nsba.org/ (accessed January 30, 2013); J. Leshnoff, “Sexting, Not Just for Kids,” http://www.aarp.org/relationships/love-sex/info-11-2009/sexting_not_just_for_kids.html (accessed January 30, 2013); and J. Wolak and D. Finkelhor, “Sexting: A Typology,” http://www.unh.edu/ccrc/pdf/CV231_Sexting%20Typology%20Bulletin_4-6-11_revised.pdf (accessed January 30, 2013). Emphasize anti-racism and knowledge of human rights, including racial profiling, as a core competency for police chiefs and deputy chiefs, and make hiring and renewal decisions based, in part, on this core competency as determined by: Steps taken to reduce identified disparities, Disciplinary responses to incidents of racial profiling. Leadership Spotlight: Are You An Approachable Leader? Officers reported that most cyberbullying occurred through social networking or text messaging. An officer conveyed a situation where a girl made an obscene video for her boyfriend, who distributed it to multiple other people, resulting in a child pornography investigation. The legal context 1.3. Some participants perceived that when these issues occurred away from school, the school could not take any action. Increasing the number of persons charged with drug offences is selected as an indicator of progress toward this goal. Example: Racialized youth in a low-income area spend a lot of time hanging out on sidewalks in the summer, in large part because most of them live in apartment buildings without air conditioning and without common spaces to gather. Expressly provide police disciplinary tribunals with the jurisdiction to allow intervention by a non-party as a “friend of the court” in officer misconduct hearings. All instances where the police service learns that: A decision not to prosecute any charge or ticket was based on the Crown Attorney’s concerns about an officer’s credibility, A court or tribunal has made a negative credibility determination about an officer, A court or tribunal has concluded that race was a factor an officer’s conduct, A motion to supress evidence was granted on the grounds of a, All internal and external misconduct complaints that allege racial discrimination, including their disposition, All civil, human rights or administrative claims that allege racial discrimination filed with or against the police service, the chief or the police services board that result from the actions of officers, All disciplinary action taken against officers for racial discrimination. [175] R c Campbell, [2005] QJ No 394 at para 70 (CQ); McKay, supra note 39 at paras 110, 148; R v Simpson, [1993] OJ No 308 at para 61 (CA); Elmardy, supra note 39 at paras 18–19; Thompson, supra note 113 at paras 15–16. When interacting with people, organizations and their representatives should use an individualized approach that recognizes the unique intersecting identity of each person, without relying on preconceived notions, assumptions or stereotypes. LegalAuthorities/SG_legal_authorities.html. Defining racial profiling: over-policing and under-policing, 2.2.1. [4] Ontario Human Rights Commission, Under Suspicion: Research and consultation report on racial profiling in Ontario (Toronto: Queen’s Printer for Ontario, 2017) at 30–80, online: Ontario Human Rights Commission www.ohrc.on.ca/en/under-suspicion-research-and-consultation-report-racial-profiling-ontario [Under Suspicion]. Under Suspicion focused on the concerns of racialized and Indigenous peoples related to racial profiling, and the impact of racial profiling on their communities. The Ontario Human Rights Code (Code) is a provincial law that sets out legal rights and obligations to protect people from discrimination based on race, ancestry, religion (creed), ethnic origin and other grounds. They may overestimate the risk posed by racialized or Indigenous peoples and compound existing disparities in criminal justice outcomes. The OIPRD relies on police services themselves to conduct most investigations,[335] and the police service also provides prosecution and adjudication. [169] Elmardy, supra note 39 at para 20. parking lots and garages, late-night entertainment districts, malls, industrial areas, etc.). of safety, security or public protection, by an organization or individual in a position of authority, that results in greater scrutiny, lesser scrutiny or other negative treatment based on race, colour, ethnic origin, ancestry, religion, place of origin or related stereotypes. See President’s Task Force on 21st Century Policing, Final Report of the President’s Task Force on 21st Century Policing (Washington, DC: Office of Community Oriented Policing Services, 2015) at 9–10. It is unacceptable to choose to remain unaware, ignore or fail to address potential or actual human rights violations, whether or not a complaint is made. Section 30 of the Code authorizes the OHRC to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code. [26] Ottawa Police Service, “Peel's Principles of Law Enforcement” (2019), online: Ottawa Police Service www.ottawapolice.ca/en/about-us/Peel-s-Principles-.aspx. Incorporate anti-racism measures into recruitment, training, education and evaluation of investigators. There is no sufficient, credible, non-discriminatory reason that explains the treatment experienced by the racialized or Indigenous person. Indigenous activism to oppose resource development projects or racialized youth congregating in public spaces) are often dictated by powerful interests to the detriment of less powerful groups. [112] But see R v Simpson, 2017 ONSC 491 (CanLII) at paras 24–27 [Simpson Sup Ct], where the court found that it was not racial profiling when the accused, a Black woman, was subjected to secondary inspection in part because she was travelling from Jamaica, which the customs official considered a “drug source country.”. It contributes to the over-representation of Indigenous and racialized people in the criminal justice system, which increases alienation and can result in individuals losing opportunities for employment, education and social mobility. [243], While primary responsibility for responding to terrorist incidents remains with federal authorities, police in Ontario also work to prevent and respond to terrorism. Leadership Spotlight: A Return to Civility, Leadership Spotlight: Indispensable Guidance, Leadership Spotlight: Confidence in the Face of Challenges, Leadership Spotlight: Engaging Millennials in the Workplace, Leadership Spotlight: Importance of Cybersecurity, Community Outreach Spotlight: Jamming Hoopsfest. The Supreme Court of Canada has set out a framework for deciding whether a prima facie (on its face) discriminatory requirement, rule or standard is reasonable and bona fide in the circumstances. The police officer immediately adopted an “assumption of guilt” approach to his investigation by asking “Where’s the bra?” He subjected her to two physical searches, which turned up nothing. including racial profiling. [55] As the American Civil Liberties Association declares, “Any definition of racial profiling must include, in addition to racially or ethnically discriminatory acts, discriminatory omissions on the part of law enforcement as well.” See American Civil Liberties Association, “Racial Profiling: Definition” (2019), online: ACLU www.aclu.org/other/racial-profiling-definition. [253] Public Safety Canada, 2018 Public Report on the Terrorist Threat to Canada: Building a Safe and Resilient Canada, 3rd revision (Ottawa: Her Majesty the Queen in Right of Canada, April 2019), online (pdf): Public Safety Canada www.publicsafety.gc.ca/cnt/rsrcs/pblctns/pblc-rprt-trrrsm-thrt-cnd-2018/pblc-rprt-trrrsm-thrt-cnd-2018-en.pdf. It provides detailed guidance on steps law enforcement organizations can take to identify, prevent and address racial profiling, meet their legal obligations under the Code and build trust with Indigenous peoples and racialized communities. He then tells the man he is banned from the store. The adjudicator noted that a salient aspect of the case was how quickly a routine traffic encounter escalated into an arrest where both people were injured. [289] Tom Jackman, “New Orleans police pioneer new way to stop misconduct, remove ‘blue wall of silence,’” The Washington Post (24 January), online: www.washingtonpost.com/crime-law/2019/01/24/new-orleans-police-pioneer-new-way-stop-misconduct-remove-blue-wall-silence/. The HRTO noted that the officer had no indication of the suspect’s age, and stated that the most reasonable explanation for the officer’s decision was that the claimant was a “black man, and specifically a young black man, driving a black vehicle … and as a result, he was stereotyped as a person with some probability of being involved in a gun-related incident.”, The HRTO explained that it was consistent with a finding of racial profiling where all Black men driving alone in the area in a black car became possible suspects. Make performance criteria – for officers and supervisors – publicly available online along with any quantitative measures associated with performance reviews. [199] The test for undue hardship is set out fully in the OHRC’s Policy on ableism and discrimination based on disability (Toronto: Ontario Human Rights Commission, 2016), online: OHRC www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability. Racial profiling is an insidious and particularly damaging type of racial discrimination. [53] It is sometimes difficult to draw a clear line between (1) acts that qualify as racial profiling and [333], Any person may make a complaint to the Inspector General about, among other things:[334], Limitations of accountability for discrimination in police services, – associated with an individual or individuals who have committed a crime and who have yet to be apprehended. The data for this work were collected as part of the Futurist In-Residence Program. [75] Emily Rauhala, “Serial killer who stalked and terrorized Toronto’s gay village sentenced to life,” The Washington Post (8 February 2018), online: www.washingtonpost.com/world/the_americas/serial-killer-who-stalked-torontos-gay-village-to-be-sentenced-friday/2019/02/07/311755b8-2a1c-11e9-97b3-ae59fbae7960_story.html?noredirect=on&utm_term=.b7c421c2799f [Rauhala]. This revised and updated definition of racial profiling builds and expands on the OHRC’s 2003 definition. [149] Longueuil (Ville de) c Debellefeuille, 2012 QCCM 234 at para 121 [Longueuil]. Leadership Spotlight: Feedback and Emotional Intelligence, Social Media Spotlight: A Small Act of Kindness Makes a Global Impact, Community Outreach Spotlight: Gaming with a Cop, Forensic Spotlight: Innovative Latent Print Processing, Russellville, Arkansas, Police Department, Granite County, Montana, Sheriff’s Office, Louisiana Office of Alcohol and Tobacco Control, Wayland, Massachusetts, Police Department, Fayetteville, West Virginia, Police Department, Fredericksburg, Virginia, Police Department, Jefferson County, Washington, Sheriff’s Office, Starkville, Mississippi, Police Department, Jefferson Township, New Jersey, Police Department, San Francisco, California, Police Department, Lake City, South Carolina, Police Department, Franklin, New Hampshire, Police Department, County of Plymouth, Massachusetts, Sheriff’s Department, University of Nevada, Reno, Police Department, New Glasgow, Nova Scotia, Police Department, Middleburg Heights, Ohio, Police Department, North Miami Beach, Florida, Police Department, San Juan County, Washington, Sheriff’s Office, Colorado State University Police Department, Manchester, Connecticut, Police Department, Anson County, North Carolina, Sheriff’s Office, Sanbornton, New Hampshire, Police Department, Fitchburg, Massachusetts, Police Department, Martinsville, Virginia, Police Department, Mount Hope, West Virginia, Police Department. “A June 2018 decision of the Supreme Court of Canada, Ewert v Canada, confirmed that…CSC must ensure that its use of the tools with respect to Indigenous offenders do not perpetuate discrimination or contribute to a disparity in correctional outcomes between Indigenous and non-Indigenous offenders.” See Letter from Ralph Goodale to John McKay (15 October 2018), Ottawa, online (pdf): www.ourcommons.ca/content/Committee/421/SECU/GovResponse/RP10083641/ [141] Although law enforcement officers who hold overtly racist sentiments are the minority, their abuse of power can do substantial damage to the lives of Indigenous and racialized people.[142]. Activities that may contribute to racial profiling include: Law enforcement organizations must take steps to prevent, identify and respond to racial profiling, racial discrimination, harassment and other violations of the Code. The majority are prepared to let the police deal with their ‘property’ and turn a blind eye to the manner in which this is done”, Robert Reiner, The Politics of the Police, 2nd ed. [143] Often without realizing it, people categorize others they do not know by their perceived group membership, and then “attribute to these individuals the stereotypes associated with their group.”[144] Relying on these stereotypes can lead to racial profiling, even if there is no intent to discriminate. SELEC ( Southeast European Law enforcement Center), for the region of Balkan Countries, Police and customs regional international cooperation and joint activities. Approximately 50 percent of the SROs commented that the school in which they worked had a policy on cyberbullying; however, only 25 percent said there was a sexting policy. The analysis is based on a review R c Gelin, 2017 QCCM 41 (CanLII) at para 58 [Gelin]; Thompson, supra note 113 at para 14; Brown, supra note 39 at para 9; Maynard, supra note 111; see also Commission on Systemic Racism in the Ontario Criminal Justice System, supra note 39 at 358. Further, the SIU is required to notify the LECA Complaints Director of officer conduct that may constitute misconduct, including discrimination, uncovered during an SIU investigation. Three hours later, police issued a press release stating there were no indications that the death was suspicious. Online harassment not covered by specific cyberbullying laws may fall under traditional statutes. The following relevant factors can be relied on to determine if racial profiling occurred: Statements made during an interaction may indicate the existence of stereotyping or prejudice including: Importantly, while some of these statements, by themselves, are strong evidence of racial profiling (e.g. Ninety-four percent of SROs agreed that cyberbullying was a serious problem warranting a law enforcement response. [242] Malcolm Sparrow, Handcuffed: What Holds Policing Back and the Keys to Reform (Washington, DC: Brookings Institution Press, 2016) at 21–22, 68. Take steps to monitor for and prevent racial profiling, and develop or modify policies, practices, training and public relations activities in this regard. When such data, and other biased data, is fed into predictive software, the results can be profoundly negative for Indigenous and racialized groups. Community Outreach Spotlight: Team G.R.E.A.T. —excerpt from Ruth Bell Graham’s poem Common Things Ruth Bell Graham seized an otherwise common calling, as she references in her poem, and walked it out in extraordinary measure. Example: A racialized university student was driving in an area known for drug trafficking. In Fayetteville, however, officers are required to use the forms. Law enforcement officers, especially those assigned to school settings, likely will encounter cyberbullying, sexting, and other forms of online impropriety. [202] In the domain of corrections, for example, applying risk assessment tools to Indigenous people When a serious crime has taken place and police are deployed in a way that has a disproportionate impact on Indigenous or racialized people, police services may be required to justify the deployment as reasonable and bona fide (legitimate). The OHRC Policy and guidelines on racism and racial discrimination identifies multiple forms of racial discrimination, including racial profiling. The review should consider, among other things: How bias or stereotypes about racialized people may enter into decision-making processes. [11] Canadian Charter of Rights and Freedoms, s 15, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. Instead, data is the product of various decision-making processes carried out by police. Found inside – Page 10074 / 12-3 ; 2 Justice Dept. officials are upset by Griffin Bell's attacks on Law Enforcement Assistance Administration , hurting morale and prompting rumors ... [153] Neyazi, supra note 17 (“Racial profiling can occur in circumstances where the state actor is not rude or hostile” at para 195). Systemic racial profiling occurs when over-scrutiny and different treatment of Indigenous and racialized groups becomes an established and accepted part of the way an organization operates. With 0 being no law enforcement role or responsibility and 10 being a very important or significant role or responsibility, to what degree should law enforcement be involved? [140] Smith v Menzies Chrysler Incorporated, 2009 HRTO 1936 (CanLII) [Menzies Chrysler]. Found inside – Page 404As a simple principle of contract law , the enforcement of a contract can take ... For example , in Re Communications Union Canada and Bell Canada ( 1979 ) ... 2 (2010): 1-8. article33891309/ [Doolittle]; Doe v Metropolitan Toronto (Municipality) Commissioners of Police, 1998 CanLII 14826 (ON SC), 39 OR (3d) 487 [Doe]. Data does not exist independently waiting to be collected and analyzed by police services. Racial profiling can occur based on race in combination with other aspects of social location, such as poverty. Produce and review an annual list of all recognized instances of racial profiling committed by police officers, along with details on what disciplinary action, if any, was taken in response to these incidents. [36] Shaw Sup Ct, supra note 31; Shaw CA, supra note 31. [76] R v Riley, 2009 CanLII 15451 (ON SC) at para 5, 246 CCC (3d) 552 [Riley]. Post daily online information on criminal incidents (excluding those occurring in domestic settings) reported to police with information on the nature of the incident, the time and location of the incident, and the case number. Organizations may face higher damages as a result.[140]. Then, 25 hours after the body was found, the police, without interviewing witnesses or waiting for the completion of the autopsy, concluded the death was non-criminal. Tribunals and courts may also find organizations liable because they failed to respond appropriately to discrimination and harassment. These findings are reinforced by Black police officers in Ontario, who reported witnessing members of their police services engaging in racial profiling, and said that they themselves had experienced racial profiling while they were off-duty or working out of uniform.[43]. Failing to assess the totality of circumstances 3.2.4. [35], Like police officers and the chief, police services boards are required to provide a service environment free of discrimination. Found inside – Page 35With a court order, law enforcement officials can get access to the keys and ... He also needed a product that would support Notes because Bell Canada has ... [283] Based on the collected data, a research team at York University released a report in October 2016 showing that Middle-Eastern and Black drivers were subject to traffic stops at considerably disproportionate rates relative to their presence in the general population. The World Sikh Organization has also critiqued the inclusion [326], If the subject of the direction does not comply with the direction, the Inspector General may suspend the chief of police or board members for a specified period, or remove them from office, appoint an administrator, disband the police services board or disband the police service. [93] Office of the Independent Police Review Director, Broken Trust: Indigenous People and the Thunder Bay Police Service (Toronto: Office of the Independent Police Review Director, 2018), online (pdf): OIPRD www.oiprd.on.ca/wp-content/uploads/OIPRD-BrokenTrust-Final-Accessible-E.pdf (“Under-policing refers, among other things, to failures to address or adequately address reports that Indigenous people have been victimized … Indigenous people may be seen by police as less worthy victims in comparison to others and so their calls for assistance may be downplayed or even ignored. a reason for police to stop someone, ask and record identifying information. Found inside – Page 355Advances in Competition Policy Enforcement in the EU and North America Abel ... is the fact that the call for a policy of support for Canadian champions has ... They must take steps to prevent and respond to violations of the Code or they may be held liable and face monetary penalties or other orders from a tribunal or court. Techniques related to national security or anti-terrorism 4.2.6. 4 Sameer Hinduja and J.W. in greater scrutiny, lesser scrutiny or other negative treatment based on race, colour, ethnic origin, ancestry, religion, place of origin or related stereotypes. This policy is about identifying and preventing both individual and systemic racial profiling in law enforcement. Data is collected and used to evaluate whether the approach has an adverse impact on Indigenous, racialized or faith communities. Law enforcement organizations may rely on criminal profiling as a method for identifying suspects. The OHRC defines racial profiling as any act or omission related to actual or claimed reasons Note: Many of these fall under the definition of secret police and derive from that list. See Ryan Scrivens & Barbara Perry, “Resisting the Right: Countering Right-Wing Extremism in Canada” (2017) 59:4 Revue canadienne de criminology et de justice pénale 534 at 545. “sex (male), youth, make and condition of car (if any), location, dress, and perceived lifestyle” at para 9); see also R v Thompson, [2016] OJ No 2118, at para 14, 28 CR (7th) 394 (Ont CJ), [Thompson]. [316], COPS creates the Inspector General of Policing, who, among other things:[317], The Inspector General may not conduct inspections of police officers to determine if they have engaged in misconduct. Explicit and implicit bias 3.2. The court concluded that they fabricated significant portions of it. Canadian courts and human rights tribunals have long recognized that racial profiling exists and affects people from Indigenous and racialized[2] communities. Racial profiling is illegal and counterproductive. It said that “data collection is just a first step, albeit a significant one, in addressing racial disproportionalities arising from policing practices.” The HRTO strongly urged the police service to take the next steps in the process – “to identify to the best of its ability what is causing or contributing to these disparities through conducting further research, and then based on the research findings, to develop and implement specific strategies to reduce and hopefully eliminate these disparities.”[209], The OHRC’s position is that “in keeping with the preventative and remedial purpose of the Code, there is a positive duty to take corrective action to ensure that the Code is not being and will not in future be breached. Pretext stops are a primary way that racial profiling occurs. This means that where a law conflicts with the Code, the Code will prevail, unless the law says otherwise. The SIU has the power to lay criminal charges The Ontario Human Rights Commission (OHRC) defines racial profiling as: Any act or omission related to actual or claimed reasons of safety, security or public protection, by an organization or individual in a position of authority, that results Racial profiling is illegal 1.4.3. Artificial intelligence5. 1 at 3, online: Police Executive Research Forum www.policeforum.org/assets/docs/Subject_to_Debate/Debate2016/debate_2016_julsep.pdf. 5 L.E. Recommendations to police oversight agencies, 6.5. Require all uniform and front-line officers to wear body-worn cameras. Where biases already exist within systems and structures, they should be actively identified and removed. [67], Although the Vagrancy Act is no longer in force, its spirit lives on in various forms. [270] “That a person is a known gang member is a contestable designation,” notes Joh, supra note 260 at 41. [244] In Bombardier, supra note 107 at para 99, the Supreme Court of Canada upheld the general principle that an organization cannot “blindly comply” with a discriminatory decision of a third party (in this case, a foreign authority) without “exposing itself to liability under the Charter.” Also, the Code applies to provincial/municipal actors performing duties under the federal power unless the doctrines of paramountcy or interjurisdictional immunity apply. To establish racial profiling where an individual law enforcement officer’s behaviour is at issue, it must be shown that the officer had some opportunity to observe or presume the race of the claimant[146] and that this knowledge led the officer to act in a discriminatory way. Setting priorities that adversely affect Indigenous or racialized people 4.2.5. Siu has the Power to lay criminal charges if there are reasonable grounds to Do.... [ 114 ] as well, evidence of discriminatory conduct Executive Research Forum, 2001 ):.. 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