Lorne FosterLorne FosterSchool Of Public Policy & AdministrationSchool Of Public Policy & Administration

Department Of Equity StudiesDepartment Of Equity Studies

1. Situating the role of policing in a global context

2. Rights Refresher – Charter and Code primacy

3. The issue of racial profiling

4. Multicultural readiness in policing

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Policing models and practices in an age of competitive economics and diversity

Police Studies have identified the impact of globalization on:

(1) Historical Trajectory

(2) Organizational Cultural (‘cop culture’)

(3) Governance & Management Systems

(4) Police-Community Relations

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The acknowledged external demands on modern urban police services are:to cut crime, cut costs, and build public legitimacy

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A1991 discussion paper from the Solicitor General of Canada titled A Vision of the Future of Policing in Canada: Police-Challenge 2000, community-based policing was embraced as the vision for the future.

Community policing or community-based policing has been defined as the “co-production” of crime prevention between police and community (Skolnick and Bayley, 1988).

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“The collection and analysis of information related to crime and conditions that contribute to crime, resulting in an actionable intelligence product intended to aid law enforcement in developing tactical responses to threats and/or strategic planning related to emerging or changing threats.”

— Law Enforcement Intelligence: A Guide for State, Local, and Tribal Law Enforcement, 2nd Edition, US DOJ

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The foundations and contours of the rights paradigm

Historical achievement of 1215 – “the Great Charter of the Liberties”

Realigned the relationship between the state and its citizens

Stands as a symbol of the need to curtail the powers of the state in dealing with its citizens.

Emphasis on the rights of individuals against the state trumpeted as being the bedrock of democracy and the rule of law

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Section 15 of the Charter of Rights and Freedoms (the Charter) states that:

Every individual is equal before and under the law and has the rights to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

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The Preamble to the Code states:

And Whereas it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province;

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The Supreme Court of Canada has said that human rights legislation such as the Code is “quasi-constitutional.” You must comply with it before other laws, unless there is a specific exception. In terms of police activity, the Code supersedes the Police Services Act. When there is a conflict between the Code and the Police Services Act, the Code will prevail.

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Age Ancestry, colour, race Citizenship Ethnic origin Place of origin Creed/ Religion Disability Family status Marital status (including single status) Gender identity, gender expression Receipt of public assistance (in housing only) Record of offences (in employment only) Sex (including pregnancy and breastfeeding) Sexual orientation.

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Largest single sector of human rights complaints in Ontario:

mostly about services provided to the publicmany are related to police as an employergrounds: race-related / disability / sexual orientation

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racial slurs or comments degrading/rude treatment at arrest or detention racial profiling false arrest asking for information that’s not relevant police presence is disproportionate to incident employment – disability not accommodated flawed system design resulting in systemic

discrimination

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Racial profiling has been identified as a known form of racism for decades

Racial profiling in law enforcement and the criminal justice system has been studied in multiple academic and government studies and inquiries Commission on Racism in the Criminal Justice

System -- 1990 OHRC Inquiry into Racial Profiling – 2004

Courts and Tribunals have created a body of case law that has confirmed its existence and detailed its nature

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•R. v. Brown (2003

•Nassiah v. Peel (Regional Municipality) Services Board, (2007)

•Johnson v. Halifax (Regional Municipality) Police Service (2003)

•Phipps v. Toronto Police Services Board (2009)

•MacKay vs. Toronto Police Services Board (2011)

•Abbott v. Toronto Police Services Board, (2009)

•Peart v. Peel Regional Police (2006)

•Maynard v. Toronto Police Services Board (2012)

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As was observed by the Nova Scotia Board of Inquiry in Johnson v. Halifax Regional Police Service, (2003) 48 C.H.R.R. D/307 at para. 51,

  in order to consider if differential treatment

occurred, the board must necessarily hypothesize about how events would have unfolded if the driver . . . of the vehicle had been white rather than black.

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In “The Colour of Justice: Policing Race in Canada”, Professor Tanovich stated that racial profiling …occurs when law enforcement or security officials,

consciously or unconsciously, subject individuals at any location to heightened scrutiny based solely or in part on race, ethnicity, Aboriginality, place of origin, ancestry or religion or on stereotypes associated with any of these factors rather than objectively reasonable grounds to suspect that the individual is implicated in criminal activity.

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Racial profiling can be distinguished from criminal profiling

Criminal profiling – relies on actual behaviour or on information about suspected activity by someone who meets the description of a specific individual.

Criminal profiling is not the same as racial profiling since the former is based on objective evidence of wrongful behaviour while racial profiling is based on stereotypical assumptions.

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The OHRC currently understands racial profiling to include:

“any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment” (OHRC, Paying the Price: The Human Cost of Racial Profiling, 2003, p. 6).

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Has been related to four potential sources: Conscious police institutional practice -- racial profiling as a tool

in law enforcement Built into deployment practices -- targeting racialized areas

because of assumption of high crime Bad apples – individuals with overt racial prejudice Unconscious stereotyping and bias

First three are conscious practices and are generally discredited practices acknowledged to be discriminatory by all

Last represents most common form of racial profiling, which many well meaning officers have had difficulty acknowledging

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Stereotypes about races and ethnic groups are engendered and retained largely through broad pervasive societal images and norms

Prejudices may be connected to stereotypes and are often unconsciously maintained

Social scientific studies have identified “blink” response as a common psychological bias phenomenon

a tool to simplify ambiguous or overwhelming breadth of data

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Most well meaning officers will be unaware of their conduct being related to stereotypes and/or bias

racial profiling is largely independent of the racial identity of the police officer

Efforts to address unconscious bias require full range of measures:

monitoring Training Recruitment System design

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Community concerns about racism and racial profiling by police have expanded to include the issues of –

“carding” “pretext stops,” and “out-of-sight traffic violations”

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Carding or street checks may be described as the police practice of stopping individuals and collecting and recording information about them in a police record including for reasons unrelated to any specific traffic violation, criminal investigation or suspect description.

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A street check report produced by Ontario ombudsman André Marin, stated:

“Stopping citizens without an objective and reasonable basis for believing that they may be implicated in a recent or ongoing criminal offence, or where there are reasonable and probable grounds to arrest them, is unconstitutional — it’s a form of arbitrary detention contrary to section 9 of the Canadian Charter of Rights and Freedoms.”

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The goals the “York Research Team” are to : Assist in the research design and analysis of the data collection projectCollect data that provides an accurate portrayal of the role of race in traffic stops in Ottawa Provide a management tool for monitoring and reviewing traffic stops and the identification of the patterns of racial groups among all traffic stops in Ottawa.Ensure transparency and build public confidence in ops integrity, fairness and professionalism [relatedly]Promote bias-free law enforcement practices and mutual understanding between police and the public.

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The OPS model of community engagement centers on: principles of transparency and trust, strategy focuses on consultation and collaboration. expands the Partnership in Action framework, develops anti-racial profiling policy and street check procedures, customizes race data collection project, involves stakeholder groups in advisory roles and experiential initiatives, informs and engages the public, and extends community contact and media relations.

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The WPS Charter Project looked at the Service’s existing policies and programs, and developed strategies that help the Service and the Board address human rights concerns.

Four Project subcommittees were developed to address key areas: Recruitment, Selection, Promotion and Retention, Accountability, Public Liaison, and Accommodation.

Four groups were developed to support the subcommittees and carry out key Project functions: Training, Evaluation, Project Communication, and Research.

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Police Service that is:

Multicultural in ranks.Ability to effectively interact and police a multicultural society.Multicultural readiness allows law enforcement agencies to focus on “quality” and “outcomes.”

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