racial profiling indigenous

Organizational liability3. You know, and if they are hurt less than me, that's good, you know. a security guard who has negatively prejudged them.” As a result, the tribunal identified the policies of the mall and the practices of the security officers as evidence of systemic discrimination. Monitoring and accountability            5.2.5. [157] Elmardy, supra note 39 at paras 107–09. [208] Some law enforcement organizations and researchers have questioned the conclusions of race-based data collection studies on police stops based on concerns about flawed methodologies. A court ruled that the husband had been racially profiled and his Charter rights violated because the selection of Vietnamese names led to the investigation. An important observation is that many expressed very clearly the view that they were convinced that they were being treated differently because of their race and/or appearance. 3), 2005 BCHRT 302 (CanLII) at paras 466–68. Proactive policing may also involve police asking people questions to gather intelligence. Some people spoke about the intense humiliation they felt when dealt with negatively in plain view of others by storekeepers, security guards, transit employees and police. Similarly, the Commission on Systemic Racism in the Ontario Criminal Justice System found that “wherever broad discretion exists, racialization can influence decisions and produce racial inequality in outcomes,” supra note 39 at iv, ix, and 359. It does not encompass all individuals with mixed Indian and European heritage; rather, it refers to distinctive peoples who, in addition to their mixed ancestry, developed their own customs and recognizable group identity separate from their Indian or Inuit and European forbears. [36] Shaw Sup Ct, supra note 31; Shaw CA, supra note 31. Recommendations have also been made by a wide variety of agencies, organizations and researchers in Canada, the U.K. and the U.S. Organizational culture,       4.2. Incentives and performance targets are a standard aspect of police performance management and evaluation that, if properly formulated, are legal and appropriate. I mean, they kicked me out because I wouldn't bow down to another way, to their religion, because our way is a way of life, it is a way of life, and it is a religion. [187], Example: A Black man witnessed a crime and went to the police station to give a statement. [117] See, for e.g. [111] The focus is the effect of the actions on the claimant. [244], The definition of terrorist activity in Canada requires that the motive be wholly or in part a political, religious or ideological purpose, objective or cause. Principles, best practices and recommendations for addressing racial profiling      5.1. And of course, childbirth for First Nations people, for anybody, is really an amazing experience, a miracle is happening. “there was a robbery in the area”) should be told how they can access this information so they can independently confirm the reason for the stop. [257] For example, determining the riskiness of individuals based on the number of times they have been stopped by police, and have therefore become “known to police,” can have a profound and ongoing impact on groups who are most likely to be stopped due to racial profiling. [98] OIPRD, “Broken Trust”, supra note 93 at 61. an investigating officer who makes derogatory comments about victims) and systemic dimensions (e.g. The Court of Appeal for Ontario recognizes that racial stereotyping will usually be the result of unconscious beliefs, biases and prejudices[108] and that racial profiling can rarely be proven by direct evidence.[109]. [65] Service de police de la Ville de Montréal (SPVM), “Profiling” (2019), online: SPVM www.spvm.qc.ca/en/Fiches/Details/Profiling. The Ontario Human Rights Commission (OHRC) is a global leader in understanding and addressing racial profiling. [215] See British Columbia (Public Service Employee Relations Commission) v BCGSEU, [1999] 3 SCR. Establishing systemic racial profiling            4.1.1. A hunch grounded entirely in intuition gained by experience is not a sufficient, credible non-discriminatory explanation for singling someone out for scrutiny or treating them adversely based on race.[175]. The role of police and law enforcement. Numerical data,             4.1.2. A young man told the Commission about how, as a youth, he was brutally arrested and received further injuries while in custody. Take steps to monitor for and prevent racial profiling, and develop or modify policies, practices, training and public relations activities in this regard. When certain predictive algorithms rely on historical crime data, some of which is generated as a result of racial profiling and aggressive police presences in certain locales, this can lead to reinforcing already existing police biases. Pretext stops are a primary way that racial profiling occurs. This policy is meant to be a resource, primarily, for law enforcement authorities. [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. There is strong evidence that singling out Indigenous and racialized people for greater scrutiny is not an effective or efficient way to fight crime. The woman says she has been wrongly accused. The OCPC primarily hears appeals of police disciplinary decisions. [20] Universal Declaration of Human Rights, GA Res 217A (III), UNGAOR, 3rd Sess, Supp No 13, UN Doc A/810 (1948) 71 at art 7 [UDHR]. Americans for Indian Opportunity (AIO) catalyzes and facilitates culturally appropriate initiatives and opportunities that enrich the cultural, political and economic lives of indigenous peoples. [32] In its consultations, the OHRC heard Indigenous peoples’ concerns about racial profiling by conservation officers. It finds its way into all kinds of situations, including dining. 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. Given the reality of racial profiling, these decisions generate racial disparities in arrests and charges for crimes such as drug possession, drug trafficking, possession of stolen goods and so forth. [133] In the context of street checks, this has been affirmed in Ontario Regulation 58/16.[134]. The way a law enforcement organization structures its activities may lead to systemic racial profiling. Many Indigenous peoples raise concerns about being unfairly charged for hunting, fishing or trapping without a license, despite being allowed to do so as part of their constitutionally protected traditional harvesting rights. In human rights and criminal law, it is a recognized principle that racial profiling can occur even where race is one factor among other legitimate factors used to single someone out. That's how I felt it was. [78], Under-policing based even in part on race and related grounds is a form of racial profiling contrary to the Code. 58/16: Collection of Identifying Information In Certain Circumstances ‒ Prohibition and Duties at 5(4)(3);R v Blackburn, (11 January 2017), Toronto (Ont CJ) (unreported) at para 87. No sufficient, credible, non-discriminatory reason, 4. [238], Racialized and Indigenous peoples may also be treated as “out-of-place” and stopped when they are perceived to be moving outside of expected social and economic racial boundaries. Why should law enforcement take steps to prevent racial profiling? [247] To avoid racial or religious profiling, police should act based on an individual’s objectively identifiable actions and statements that are linked to possible criminal activity in specific cases. 1 (Toronto: Queen’s Printer for Ontario, 2008) at 39–43; Ontario, The Honourable Roy McMurtry & Dr. Alvin Curling, The Review of the Roots of Youth Violence: Executive Summary, vol. In recent years, law enforcement efforts to prevent crime have begun to employ techniques of predictive policing that involve the use of crime data to determine future probabilities of criminal occurrences. These arrests fall under the category of “citizen’s arrests.”[33], The chief of police is responsible for overseeing the operation of a police service in accordance with the Police Services Act, as well as the objectives, priorities and polices established by the police services board. Officers must pass training or demonstrate that lessons have been absorbed and retained. The officer claimed to be concerned for the woman’s safety because he thought it was possible that she was a prostitute in the company of her pimp. : Police Executive Research Forum, 2001) at 57. We were left to our own. 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. It is meant to be a resource, primarily for law enforcement authorities. [56] Under Suspicion, supra note 4 at 30–78. [209] Aiken v Ottawa Police Services Board, 2019 HRTO 934 (CanLII), at paras 130, 132 [Aiken]. , (Ottawa: Canada Communication Group – Publishing, October 1996) (Co-Chairs: R. Dussault & G. Erasmus), online: Indian and Northern Affairs Canada <, J. Cowan, “The quieter minority: Black groups are vocal in their charges of racial bias. Law enforcement can act on objective grounds, and these grounds are relevant in providing a non-discriminatory explanation for negative treatment. Enforcement incentives and performance targets,             4.2.4. [322], If the Inspector General believes an inspector’s report “disclosed evidence” that a board member committed misconduct, the Inspector General may reprimand, suspend or remove the member from the board. [242] Malcolm Sparrow, Handcuffed: What Holds Policing Back and the Keys to Reform (Washington, DC: Brookings Institution Press, 2016) at 21–22, 68. [51] Chris Gibson et al, “The Impact of Traffic Stops on Calling the Police for Help” (2010) 21:2 Criminal Justice Policy Review 139 [Gibson et al]; Lee Ann Slocum et al, “Neighbourhood Structural Characteristics, Individual-Level Attitudes, and Youths’ Crime Reporting Intentions” (2010) 48:4 Criminology 1063 [Slocum et al]; Tom Tyler & Jeffrey Fagan, “Legitimacy and Cooperation: Why do People Help the Police Fight Crime in Their Communities” 6 Ohio State Journal of Criminal Law 231 [Tyler & Fagan]; Matthew Desmond, Andrew V Papachristos & David S Kirk, “Police Violence and Citizen Crime Reporting in the Black Community” (2016) 81:5 American Sociological Review 857 As has been recognized in the UK, the speed of “technological innovation and data capabilities pose new ethical, legal and social issues.”[274] Conducting impact assessments of predictive technologies before they are procured and used,[275] and amending or abandoning these technologies if they are found to generate discriminatory outcomes, are two ways that predictive policing can be “tested and monitored for relevant human rights considerations.”[276]. Like what if my kids are 17 and they go through what I went through; are they going to be able to handle that? It is important to collect data using the best available methodological approaches. The OCPC primarily hears appeals and has only recently used its investigation and inquiry powers to address discrimination in policing (i.e. In any analysis of whether systemic or institutional discrimination is taking place, it is necessary to consider these circumstances. [240] They may assume they will find more infractions in racialized neighbourhoods, which may be more populous, and where residents may have lower incomes and be more likely to spend time in public places where they are visible to police. [59] The term "Non-status Indian" is applied to people who may be considered as "Indians" according to ethnic criteria, but who, for various reasons, are not entitled to registration under the Indian Act. in ways that matter to economic, social and political life.”[338] Racialization extends to people in general but also to specific traits and attributes, which are connected in some way to racialized people and are deemed to be “abnormal” and of less worth. Although this results in racialized residents being disproportionately stopped, this type of approach is likely not discriminatory. 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. [255] Tools and approaches developed to predict whether people will pose a risk to others should be designed and applied in a way that relies on transparent, accurate, valid and reliable information about risk. Bill Closs, former Chief of the Kingston Police Service, presided over the 2003 – 2004 Kingston Police Data Collection Project, marking the first time that a Canadian police service collected race data on stops, reasons for stops and stop outcomes. They may overestimate the risk posed by racialized or Indigenous peoples and compound existing disparities in criminal justice outcomes. Racial under-policing is more specific: the failure to take appropriate action to protect the safety or security of an individual or group of people based on race, colour, ethnic origin, ancestry, religion, place of origin or related stereotypes, rather than proper investigations or preventative actions. Are used to monitor or gather intelligence on people and start criminal investigations based on race or creed grounds. Police, security guards, teachers, social workers and other public officials are there to ensure our safety and security; however, when some of those who made submissions sought assistance, they found themselves treated as though they were a threat or that they had done something wrong. [197] Radek, supra note 121, at paras 126, 556–57, 563, 604. But at that time just her traditions and her culture were not being respected and her wishes around childbirth. Literally they just go, 'I have had enough of this. [284] Aiken, supra note 209 at paras 41–43. Police can properly consider race as one factor in the physical description and accompanying information to stop the student for suspicion of drug activity. 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. These stops are not used to check for other types of offences. As a core principle, both statutes explicitly outline the “importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.” Police services must also carry out their services while respecting the need for “sensitivity to the pluralistic, multiracial and multicultural character of Ontario society.”[30] The Ontario Court of Appeal reviewed these principles and confirmed that “police officers therefore have a statutory duty to uphold the Code.”[31]. There is clear link between public confidence in law enforcement and public safety. [337], Proactive policing: Proactive or officer-initiated policing refers to patrol strategies used by police to address crime, disorder and other matters deemed to be problematic. Statements that view someone as “foreign” (e.g, Assumptions about someone’s ability to speak English, Questions that do not relate to the investigation at hand (e.g, Over-reacting or responding “heavy-handedly” to an incident, Spending excessive time and energy investigating a minor offence, Charging the individual with multiple offences related to a single incident (overcharging), Unwarranted surveillance or stops of the person after they have been cleared of wrong-doing. Just as organizations and institutions have an obligation to conduct an investigation once aware of an allegation of racial harassment, awareness that racial discrimination may exist may call for an investigation that involves the collection of data.”[210]. Aboriginal persons in urban areas suffer from the cumulative and aggravated effects of poverty, lower education levels and discrimination. Techniques related to national security or anti-terrorism, 6.4. In considering racial profiling, race only needs to be one factor in the alleged conduct. [76] R v Riley, 2009 CanLII 15451 (ON SC) at para 5, 246 CCC (3d) 552 [Riley]. They may apply to the Commission Chair of the Arbitration and Adjudication Commission for a hearing. (Toronto: University of Toronto Press, 1992) at 118. [22] International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966, 660 UNTS 195, Preamble (entered into force 4 January 1969, accession by Canada 14 October 1970) [ICERD]. Provide regular, detailed and ongoing human rights-focused training, developed in consultation with affected groups, to new recruits, current officers, investigators and supervisors on: Racial profiling, racial discrimination and unconscious/implicit bias, The importance of police legitimacy and how it is affected by racial profiling, racial discrimination and unconscious/implicit bias, The protection of human rights as central to the police mandate and essential to effective policing (per the, The use of force continuum with an emphasis on verbal communication and, How to tolerate verbal abuse and disrespect (including allegations of racism or bias) from civilians without resorting to physical force, How to recognize and deal with fears, anxieties or biases that may contribute to their use of force decisions, The nature of racism, including its particular impact on Black and Indigenous communities, How racial profiling and racial discrimination violate the. [145] Jennifer L. Eberhardt, Strategies for Change: Research Initiatives and Recommendations to Improve Police-Community Relations in Oakland, Calif (Stanford, CA: Stanford University, SPARQ, 2016), online: Issuelab www.issuelab.org/resource/strategies-for-change-research-initiatives-and-recommendations-to-improve-police-community-relations-in-oakland-ca.html [Eberhardt]. And parole is denied at a higher rate than for non-Aboriginal offenders. Proactive or pretext stops,             4.2.3. Example: Police have information that a human trafficking ring is moving young women to a street in a particular neighbourhood on a specific evening. The negativity which many people feel about how they will be treated leads them to avoid using public institutions, like the police, to get assistance when it is appropriate. Deviations from normal practice            3.2.3. Accent or use of a language other than English, Having a name not usually associated with the dominant population, Associations: e.g. Where implicit bias influences the actions of a law enforcement officer, there may be little direct evidence of discriminatory conduct. Yet researchers found that officers stopped, searched, handcuffed and arrested significantly more African American people than White people. So often that is what happens with Aboriginal people making complaints. [243] The balance between national security considerations and human rights has been recognized by the Government of Canada, the courts and at the international level. Law enforcement organizations can become aware of possible systemic racial profiling through external sources including the media, Indigenous and racialized individuals and communities, human rights experts, academics, oversight bodies (e.g. Where the data reveals that there is a problem, even if it cannot reveal the cause of a disparity, law enforcement organizations must be prepared to act. Recommendations      6.1. Frequently, the issues Aboriginal people face are of an urgent nature and need an immediate solution. [67] Julian Fantino, Duty: The Life of a Cop (Toronto: Key Porter Books, 2007) at 38. Racial profiling is illegal            1.4.3. Same as under the Police Services Act until the OCPC’s dissolution. The court concluded that they fabricated significant portions of it. This may happen when they are based on criteria that appear to be neutral but which nevertheless penalize or lead to greater scrutiny of racialized or Indigenous peoples because they fail to take into account their actual needs, circumstances or cultural norms.[213]. [133] David Tanovich, “Applying the Racial Profiling Correspondence Test” (2017) 64 Criminal Law Quarterly 359 [Tanovich, “Applying the Racial Profiling Correspondence Test”]; Neyazi, supra note 17 at paras 180–88; see Maynard, ibid. The SIU has the power to lay criminal charges Some people noted that police failed to comply with their own protocols for appropriate responses to missing person reports; others cited instances where front-line officers refused to take crime reports seriously until an Indigenous community member contacted upper management.[106]. Example: A woman was sexually assaulted on a university campus. 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. Organizations have a legal duty and ultimate responsibility to maintain an environment free from racial profiling, racial discrimination and harassment based on race and related grounds. may advise the SIU of a situation they believe may require investigation.[311]. In the chief’s view, these factors resulted in relatively high numbers of traffic stops in “high-crime” areas. [236] This, coupled with stereotypes linking Indigenous and racialized people with criminality and poverty, may lead to Indigenous and racialized people in affluent neighbourhoods being more likely to be stopped because they are perceived to be suspicious. [258] Sarah Brayne, “Big Data Surveillance: The Case of Policing” (2017) 82:5 American Sociological Review 986 at 977–87 [Brayne]. 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 This is the length of time that a police officer pressed a knee to the neck of George Floyd in the United States, while he lay on the ground immobilized, pleading, stating he couldn’t breathe. The Code protects people from discrimination and harassment based on race and related grounds, including ancestry, colour, ethnic origin, place of origin, creed (religion), citizenship and other grounds in all areas the Code covers, including when receiving goods, services and using facilities (section 1).[8]. [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]. Black people were 6.5 times more likely and Asian people were five times more likely to be stopped than their representation in the population. [253] In response, a national Muslim organization observed that the report’s terminology unjustifiably associates Islam with terrorism, obscures the fact that decades have gone by with no terrorist activity by Sikhs in Canada, and downplays the actions of right-wing extremists.[254]. In the event that OIPRD or LECA choose to conduct a systemic review, their recommendations are not enforceable. These deployment practices can lead to Indigenous and racialized people being “over-policed”[222] and may violate the Code. In addition to producing this pass, he was asked to show the receipt he had been given when he initially purchased it. See Yunliang Meng, “Racially Biased Policing and Neighbourhood Characteristics: A Case Study in Toronto, Canada” (2014) Cybergeo: European Journal of Geography online: Cybergeo 665. The strategy is founded on a point-based system where each person on the list is “assigned a point value and given a numerical rank according to that value.” This point system includes “one point for every police contact,” and that contact often takes the form of discretionary stop-and-question practices such as field interviews. The experiences that young people have today greatly affect how they will deal with institutions, such as the criminal justice system, the education system, etc. When you support Indigenous business you help celebrate and preserve the creativity, history, and culture of Indigenous people. Protestors gathered in front of the Parc metro station in the Montreal neighbourhood where Mamadi III Fara Camara was arrested. See O. Reg. Establishing racial profiling,       2.4. a person in a position to confer, grant or deny a benefit or advancement to the person.”. a reason for police to stop someone, ask and record identifying information. is also reflected in the prescribed Code of Conduct of the Police Services Act, which prohibits discrimination or harassment on Code grounds; see Police Services Act, supra note 29, s 80; O Reg 268/10, ss 2(1)(a)(i), 2(1)(a)(ii). Recommendations to police oversight agencies      6.5. Human rights legislation is also subject to the Charter, and must be considered in light of it. I would like to see the services that happen, the social services, the medical services, some of the legal systems to be a little bit more culturally aware of how to work with our people. Police stop every car entering the street during that time to check on the safety of female drivers and passengers. – associated with an individual or individuals who have committed a crime and who have yet to be apprehended. But more than a century of anti-Indigenous racial profiling, combined with decades of profiling directed toward racialized groups, indicates that systemic racial profiling must be identified and addressed.             1.4.2. [281] Frank R. Baumgartner, Derek A. Epp & Kelsey Shoub, Suspect Citizens: What 20 Million Traffic Stops Tell Us About Policing and Race (New York: Cambridge University Press, 2018) at 213. [41] Scot Wortley & Akwasi Owusu-Bempah,“The Usual Suspects: Racial Profiling and Perceptions of Injustice in Canada” (2011a) 21:4 Policing & Society 395 [Wortley & Owusu-Bempah, “The Usual Suspects”]; Robin Fitzgerald & Peter Carrington, “Disproportionate Minority Contact in Canada: Police and Visible Minority Youth” (2011) 53:4 Can J of Criminology and Criminal Justice 449 at 471–74 [Fitzgerald & Carrington]; Scot Wortley & Julian Tanner, “Inflammatory Rhetoric? The Police Services Act establishes the following oversight agencies: the Office of the Independent Police Review Director (OIPRD), Ontario Civilian Police Commission (OCPC) and Special Investigations Unit (SIU). They held him, handcuffed him and searched his vehicle. The World Sikh Organization has also critiqued the inclusion Best practices            5.2.1. It can also learn about possible issues from internal sources such as officers and staff or racial disparity data. Organizations and institutions have a positive obligation to make sure they are not engaging Training should be evaluated on an ongoing basis. [58] In Canada, the Indian Act is responsible for the legal definition of who may be considered an "Indian", online: . An important component of systemic racial profiling is an organization’s culture. [115] R v Beepath, [2011] OJ No 3189 at para 67, 2011 ONSC 4104 (CanLII) [Beepath]; R v Kokesch, [1990] 3 SCR 3 at para 46, 1990 CanLII 55 (SCC) [Kokesch]; R v Greffe [1990] 1 SCR 755 at para 43, 1990 CanLII 143 (SCC) [Greffe]; Heath v Toronto Police Services Board, 2012 HRTO 2364 at para 18 [Heath]. [229] Blackburn, supra note 180 at para 14; see also Brown v Durham (Regional Municipality) Police Force, [1998] OJ No 5274 at paras 38–39 (CA); R v Nolet, 2010 SCC 24 at paras 38–39; R v Humphrey, 2011 ONSC 3024 at para 88. 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. ... Why didn't you ask those other women over there?’ He said, ‘Well, we are trying to establish good community relations’. [274] Law Society of England and Wales, Algorithms in the Criminal Justice System (London: Law Society Explicit and implicit bias      3.2. This policy is about identifying and preventing racial profiling in law enforcement.

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