Understanding systemic racial profiling, 4.1. A former Chief of Operations for the United States’ CIA Counterterrorism Center criticized the use of racial profiling in the context of counter-terrorism efforts: “It may be intuitive to stereotype people, but profiling is too crude to be effective. Disregarding this specificity, the police stopped, questioned and in some instances recorded the personal information of several Black males on or around the campus, many of whom did not come close to matching the description. [194] Emma McIntosh & Alex McKeen, “Overrepresentation of Indigenous people in Canada’s prisons persists amid drop in overall incarceration,” The Toronto Star (19 June 2018), online: www.thestar.com/news/canada/2018/06/19/overrepresentation-of-indigenous-people-in-canadas-prisons-persists-amid-drop-in-overall-incarceration.html. Example: A woman was sexually assaulted on a university campus. Retain an Independent Monitor to enhance oversight and accountability regarding racial profiling by producing publicly available annual outcome assessments that include: Consultation with Indigenous and racialized communities, Analysis of whether traffic stops, pedestrian stops, charges, arrests and use of force have a disparate impact on Indigenous and racialized individuals, Evaluations of strategies designed to reduce racial profiling, including data collection systems, accountability mechanisms, training, policies and procedures. We also have regulatory responsibilities in the electricity lines, gas pipelines, telecommunications, dairy and airport sectors. [130] [144] “Psychology Of Bias: Promoting Fair and Impartial Public Safety: A Science Based Perspective” (2018), online: Fair and Impartial Policing https://fipolicing.com/psychology-of-bias/. Aside from police officers, conservation officers also engage in law enforcement and have considerable powers to fulfill their enforcement duties relating to natural resources laws as they apply to fish and wildlife, forestry, species at risk, parks, conservation reserves and so forth. Racialization: The “process by which societies construct races as real, different and unequal Establishing systemic racial profiling, 4.1.2. Once a prima facie case of discrimination has been established, the burden shifts to the organization or person responsible to provide a credible non-discriminatory explanation for the action, or in systemic racial profiling cases, justify the policy, practice or requirement as reasonable and bona fide in the circumstances. The Charter applies to state actors, like the police, but not to private actors, like private security guards. [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.”. The Commission recommendation is for a new … This rude behaviour was in contrast to her normal polite behaviour. [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]. The Code applies to organizations covered under provincial law, including both police and private security guards. Accent or use of a language other than English, Having a name not usually associated with the dominant population, Associations: e.g. or in what situations, this would be permissible and consistent with human rights laws.[128]. [338] Commission on Systemic Racism in the Ontario Criminal Justice System, supra note 39 at 40–41; Hudson et al, ibid. There have been many cases where police conducted a criminal investigation, following a pretext stop, that led to charges. [215] The racial and Indigenous diversity that exists in Ontario should be reflected in the design stages of programs and policies so that biases and barriers are not created. See No One is Illegal-Toronto, “Often Asking, Always Telling: The Toronto Police Service and the Sanctuary City Policy” (2015) at 9, online: No One is Illegal-Toronto www.toronto.nooneisillegal.org/ImmigrationsDirtyWork [No One is Illegal]. Other examples of deviations from normal practice include: Explicit bias on the part of law enforcement is evident when people in the same situation, and engaged in the same activities, are treated differently along racial lines. [106] Ontario Federation of Indigenous Friendship Centres, Under-Policing Focus Group Report - Submission for the Ontario Human Rights Commission Racial Profiling Policy (Toronto: Ontario Federation of Indigenous Friendship Centres, 2019). article33891309/ [Doolittle]; Doe v Metropolitan Toronto (Municipality) Commissioners of Police, 1998 CanLII 14826 (ON SC), 39 OR (3d) 487 [Doe]. [294], The purpose of a systemic review is “to determine whether systemic failings have occurred, to make recommendations to address those failings and to help restore and enhance public confidence in police and policing.”[295]. [186] Where law enforcement officers ask about immigration status or conduct status checks based on someone’s place of origin, race, colour, name, accent, other racialized characteristics or stereotypes relating to these factors, instead of objective factors, the conduct may be racial profiling. 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. [187] In Hum v Royal Canadian Mounted Police, 1986 CanLII 79 (CHRT), the Canadian Human Rights Tribunal (CHRT) ruled that it was discriminatory for police to ask the claimant, who was of Chinese Canadian background and born in Canada, where he was born and if he was a Canadian citizen. The OIPRD relies on police services themselves to conduct most investigations,[37] and the police service also prosecutes and adjudicates complaints. 3 at 38 (in the context of gender) and British Columbia (Superintendent of Motor Vehicles) v British Columbia (Council of Human Rights), [1999] 3 SCR 868 at 880 (in the context of disability). There were many routes away from the mall, there was nothing in the man’s driving to give rise to suspicion, and he drove to a house where the car was registered. [42] Commission on Systemic Racism in the Ontario Criminal Justice System, supra note 39; Scot Wortley & Lysandra Marshall, The Kingston Police Stop Pilot Project: Final Results (Kingston, ON: Kingston Police Services Board, 2005) [Wortley & Marshall]; Lorne Foster, Les Jacobs & Bobby Siu, “Race Data and Traffic Stops in Ottawa, 2013 – 2015: A Report on Ottawa and the Police Districts” (October 2016), online (pdf): Ottawa Police Service www.ottawapolice.ca/en/about-us/resources/.TSRDCP_York_Research_Report.pdf [Foster, Jacobs & Siu]; Léonel Bernard & Christopher McAll, “La mauvaise conseillère” [A Bad Advisor] (2010) 3:1, Revue du CREMIS, online: CREMIS www.cremis.ca/jeunes-noirs-et-systeme-de-justice-la-mauvaise-conseillere [Bernard & McAll]; for a list of newspaper articles identifying street check data results, see Under Suspicion, [190] The Ontario Superior Court in Elmardy, supra note 39 at para 22, stated: “As noted in Brown, at para 45, the inference that a police officer is lying about why she or he singled out an individual for attention is a circumstance that is ‘capable of supporting a finding that the stop was based on racial profiling.’” See also Thompson, supra note 113; Neyazi, supra note 17 at para 198. The legal context 1.3. A detailed description of the circumstances and the subject’s actions that led to the use of force including: The reason for the initial stop or enforcement action, Whether the incident occurred during an officer-initiated contact or a call for service, Whether the subject was in possession of a weapon, the type of weapon and when the weapon emerged (i.e. Baseless Accusations? This policy includes examples of best practices from law enforcement organizations that are successfully addressing racial profiling. Reports for 1952 and 1955 are summary reports for 1945 to 1952 and 1946-1956 [i.e. 1955] issued in lieu of annual reports. [242] Malcolm Sparrow, Handcuffed: What Holds Policing Back and the Keys to Reform (Washington, DC: Brookings Institution Press, 2016) at 21–22, 68. Its most significant recommendation was … The review should consider, among other things: How bias or stereotypes about racialized people may enter into decision-making processes. [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. : A Pilot Study on Sanctuary City Policy in Toronto, Canada (Toronto: Ryerson Centre for Immigration & Settlement, 2017) at 4, online: Ryerson Centre for Immigration and Settlement www.ryerson.ca/rcis/publications/rcisworkingpapers/ [Hudson et al]. Law enforcement organizations should collect and analyze data when they have or ought to have reason to believe that racial profiling may exist. [222] McKay, supra note 39 at para 92; as the Supreme Court has stated, “…that a neighbourhood is policed more heavily imparts a responsibility on police officers to be vigilant in respecting the privacy, dignity and equality of its residents who already feel the presence and scrutiny of the state more keenly than their more affluent counterparts in other areas of the city.” See Le, supra note 3 at para 60. The supervisor did not apologize even after she did not find anything in the bag. it is in the public interest. This follows the draft implementing decision and clauses issued by the European Commission for consultation on 12 November 2020 (“Consultation Draft”). On touchdown at Temora Aerodrome, at about 1857 local time, the pilot noticed cones across the runway a long distance from the threshold. They have a characteristic protected by one or more of the, They experienced adverse or negative treatment or impact in one of the social areas under the. Racial profiling may be based on racialized characteristics in combination with race and related grounds. Policies, practices and decision-making processes, 4.2. The OHRC’s position is that actions by law enforcement bodies covered under provincial jurisdiction must comply with the Code, whether these bodies are working alone or in partnership or under the direction of federal agencies. Given that the board is akin to a board of directors of a corporation,[138] it can be held liable for discriminatory actions carried out by members of the police service. Evidence of systemic racial profiling may also be found in a law enforcement organization’s informal or informal policies, procedures and decision-making processes. Otherwise, they may only make arrests for indictable offences in accordance with Section 494 of the Criminal Code. Combatting racial discrimination in law enforcement, including racial profiling, has been at the core of the OHRC’s work for over 15 years. Where a party or The Supreme Court in R v Le referred extensively to the OHRC’s body of work on racial profiling, identifying the OHRC as a “highly credible and authoritative source.” The court went on to note that courts may rely on OHRC reports as part of the “social context” when determining whether there has been a breach of the Charter. : Ultimately, for a person or organization to justify a discriminatory requirement, policy, rule or standard, they must show that accommodation was incorporated into the standard to the point of undue hardship. With extensive powers come great responsibilities. Overall, under the Comprehensive Ontario Police Services Act (COPS) 2019, there is potential for police oversight agencies to address discrimination in policing, including racial profiling. Supervisors should thoroughly review use of force incidents (including all of the above data and any video from body-worn or in-car cameras) immediately after the incident takes place, to determine if there were credible non-discriminatory explanations for use of force. Recommendations have also been made by a wide variety of agencies, organizations and researchers in Canada, the U.K. and the U.S. The less formal the process, and the less closely decisions are regulated or monitored, the more opportunity there is for subjective considerations and racial bias to come into play. This revised and updated definition of racial profiling builds and expands on the OHRC’s 2003 definition. 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 Explicit and implicit bias 3.2. [8] The Code also prohibits discrimination in employment, accommodation (housing), contracts, and membership in unions and vocational associations. Stansted 16: 3.1 Ownership and regulation 16 3.2 Expansion 16 Background 16 Airports Commission 17 Future expansion plans 18 : 4. The inquiry focussed on passenger and freight services. Courts and tribunals recognize that racial profiling is a systemic problem in policing. On 4 June 2021, the European Commission published its final Implementing Decision adopting new standard contractual clauses for the transfer of personal data to third countries (“Clauses”). [186] Acting based on an outstanding immigration warrant may be a bona fide (legitimate) reason. benefits, advantages, access and/or opportunities that exist for members of the dominant group in society In some cases, such neighbourhoods may be low-income areas with relatively high proportions of Indigenous and/or racialized residents. o Transport Secretary to fully consider the conclusions of the report. [215] See British Columbia (Public Service Employee Relations Commission) v BCGSEU, [1999] 3 SCR. Criminal profiling and suspect descriptions, 3.2. (2) those that do not, but nonetheless fall under the more general umbrella of racial discrimination. Incorporate anti-racism measures into recruitment, training, education and evaluation of investigators. The first car of the train derailed and tipped onto its side as a result of the collision. Examples are: Also, although use of stereotypes may be evidence of racial profiling, proof of stereotyping is not required to establish discrimination. The existence of racial profiling as a systemic reality – rather than a few isolated incidents – has been affirmed by courts, human rights tribunals and government-commissioned reports. Allocating a high number of police to racialized neighbourhoods raises human rights concerns when (1) this allocation is disproportionate (e.g. [110] Pieters, supra note 107 at para 111; Peart, supra note 1 at para 91; Dudhi, supra note 19 at paras 84–85. Instead, it focuses more broadly on whether racial discrimination occurred in a particular instance. [19], Article 7 of the Universal Declaration of Human Rights,[20] article 26 of the International Covenant on Civil and Political Rights,[21] and the preamble of the International Convention on the Elimination of All Forms of Racial Discrimination[22] recognize equality before the law and the right to be free from racial discrimination, among other prohibited grounds. [183], Example: Two police officers stopped a Black man walking down the street. Numerical data 4.1.2. The Canadian Human Rights Act applies to federally-regulated organizations ‒ for example, airports, banks, border services, the Royal Canadian Mounted Police (RCMP) and national security organizations. Section 10 outlines people’s rights upon arrest or detention. [79] Under-policing is also inconsistent with four of the Principles of the Police Services Act and Community Safety and Policing Act, 2019: “[t]he need to ensure the safety and security of all persons and property in Ontario;” “[t]he importance of respect for victims of crime and understanding of their needs;” “[t]he need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society;” and “[t]he importance of safeguarding the fundamental rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.” See Police Services Act, supra note 29, s 1; COPS, supra note 30, Schedule 1, Community Safety and Policing Act, 2019, s 1. Instead, they use approaches that meet this goal but have a less negative effect, including working with community groups to prevent, pinpoint and address specific crimes, and use diversion approaches for more minor offences, particularly when they involve youth and people with mental health disabilities. No sufficient, credible, non-discriminatory reason4. FCC — Federal Communications Commission. [169] Elmardy, supra note 39 at para 20. [286], Although commonly thought of in hierarchical top-down terms, accountability in law enforcement can take multiple forms including peer-based accountability. People are also protected from discrimination based on perceived race and related grounds. [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.
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