[44] For example, from 2008 to 2009, there were over 200,000 police stops and searches on the streets in England and Wales under the U.K.’s Terrorism Act. [180] Mann, supra note 168 at para 47 (S.C.C. [28] These less powerful groups have been characterized as “police property,” a term coined by criminologist Robert Reiner which applies to “low-status, powerless groups whom the dominant majority see as problematic or distasteful. The Commission’s paper set out a number of specific questions, which this response addresses under the following headings: Measuring exposure to … o Government recognises contribution of aviation to the economy. [172] McKay, supra note 39 at paras 139–40; Abbott, supra note 119 at para 46, Nassiah, ibid; Phipps v Toronto Police Services Board, 2009 HRTO 877 at paras 24–28. [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]. [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? Requiring the police to comply with the Charter in all neighbourhoods and to respect the rights of all people upholds the rule of law, promotes public confidence in the police, and provides safer communities. This is the final report for the Digital Platforms Inquiry. 1678307 Total Downloads. [334] COPS, supra note 30, Community Safety and Policing Act, 2019, supra note 30, s 124(1). [39] Commission on Systemic Racism in the Ontario Criminal Justice System, Report of the Commission on Systemic Racism in the Ontario Criminal Justice System (Toronto: Queen's Printer for Ontario, 1995) (Co-Chairs: M Gittens and D Cole) at 358 [Commission on Systemic Racism in the Ontario Criminal Justice System]; R v Brown, 2003 CanLII 52142 (ON CA) at para 9, 64 OR (3d) 161 [Brown]; Elmardy v Toronto Police Services Board, 2017 ONSC 2074 (CanLII) at para 34, 136 OR (3d) 483 [Elmardy]; Peart, supra note 1 at para 94; Nassiah, supra note 3 at para 113; McKay v Toronto Police Services Board, 2011 HRTO 499 (CanLII) at para 124 [McKay]; Ontario, The Honourable Roy McMurtry & Dr Alvin Curling, The Review of the Roots of Youth Violence: Findings, Analysis and Conclusions, vol. [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]. The impact of big data is commonly described in terms of three “Vs”: volume, variety, and velocity. The Supreme Court of Canada has said that police may rely on characteristics used in criminal profiles, but “profile characteristics are not a substitute for objective facts that raise a reasonable suspicion of criminal activity.”[126], Example: A police officer selected only Vietnamese last names from a property registry to conduct an investigation into potential marijuana grow operations (grow-ops). For decades, California’s Richmond Police Department had a “reputation of racism and ruthlessness.” But under the leadership of Chief Chris Magnus, from 2006 – 2016, the department’s culture underwent a substantial shift. Given that organizations must acknowledge and address potential human rights issues, and not just issues that have fully emerged, it is important for law enforcement entities in Ontario to assess potential Code-violating aspects of predictive technologies if and when they decide to adopt them. Thunder Bay Police Services Board Investigation: Final Report).[38]. In the chief’s view, these factors resulted in relatively high numbers of traffic stops in “high-crime” areas. This raised questions about whether the deployment-related traffic stops were actually being conducted in response to serious criminality. To avoid racial profiling, police responses should be tailored to address specific concerns, and should correspond to the needs the community has identified.[223]. Commission OKs $6 billion LAX upgrade, ships it to City Council for final OK Rep. Maxine Waters, D-Los Angeles, came out against the plan, saying she opposes any gate increase at … [135] Adapted from Lori Fridell et al, Racially Biased Policing: A Principled Response (n.p. It undermines the powerful and important role that law enforcement authorities play in keeping the public safe. FBO — Fixed Base Operator. The current capacity constraintsundertakenmust be a substantial concern looking forward and Indigenous peoples of Canada include First Nations, Métis and Inuit peoples. 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. Racial profiling is distinct from the lawful and legitimate practice of criminal profiling (discussed below). the number of stops, arrests, citations and other enforcement activities). Recommendations on any necessary modifications to data collection systems, accountability mechanisms, training, and policies and procedures in light of consultative, analytical and evaluative findings. [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]. Training should include an attitudinal component using scenario-driven learning modules to facilitate the identification of racial profiling and racial discrimination in investigations, including scenarios dealing with suspect selection, detention, searches, charges, arrests, and conflict de-escalation. Even if members of a certain racial group committed past crimes, it does not follow that a particular person from that group is more likely to have committed a crime or will be more likely to commit one in the future. However, police become concerned that this approach could lead to increased arrests for racialized people, including youth. It is rooted in stereotypes, prejudice and negative attitudes about Indigenous and racialized people that are often, but not always, linked with criminality, deviance or dehumanization. Although predictive policing does not directly rely on race-based inputs, it is often driven by inputs that correlate with race. [36] Shaw Sup Ct, supra note 31; Shaw CA, supra note 31. 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. To prevent more serious crimes, police would be instructed to arrest people for minor offences such as littering, vandalism, panhandling and drinking in public. Law enforcement organizations should collect and analyze data when they have or ought to have reason to believe that racial profiling may exist. 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. [152], However, racial profiling can still happen where a law enforcement officer’s manner is non-offensive. »  Use a ‘personal minimums’ checklist to help control and manage risk. Data and the predictive modes of policing that it enables have enhanced “the scope and power of the police to designate people as suspects”[268] in ways that are especially impactful on racialized groups. This can be described as shared patterns of informal social behaviour, such as communication, decision-making and interpersonal relationships, which are the source of deeply-held values, assumptions and behavioural norms. Consultations with members of Indigenous peoples and racialized communities. To police services boards      6.3. This follows the draft implementing decision and clauses issued by the European Commission for consultation on 12 November 2020 (“Consultation Draft”). [198] See Code, supra note 25, s 11 (Constructive discrimination). In New Orleans, a city where two-thirds of the population is racialized or Indigenous, the New Orleans Police Department has implemented EPIC (Ethical Policing is Courageous) in recognition of the degree that “the community and the department clearly benefit when mistakes and misconduct are prevented.”[287], Practiced throughout the department, EPIC encourages front-line officers to intervene, on a peer-to-peer basis, to prevent incidents of unlawful use of force and other abuses of power. The Airports Commission, under the chairmanship of Sir Howard Davies, was set up in September 2012 and tasked with making recommendations as to the timing and scale of any future airport capacity. Law enforcement authorities often use criminal profiles – a systemic analysis of associations between serious crimes and the physical, behavioural or psychological characteristics of individuals who have committed such crimes – to hone in on possible suspects. Collect demographic data on mandate-related matters and consult with an advisory committee on best practices on collecting, managing and analyzing relevant demographic data. 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. [188] No One Is Illegal, supra note 186 at 24–26. [296] It also has a mandate to, among other things: The SIU has a mandate to conduct investigations into the circumstances of serious injuries and deaths that may have resulted from criminal offences committed by police officers, including allegations of sexual assault.[301]. 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. Lydd (London Ashford) Airport 22 8. [241] See for example, Kate Wells, “State Police Traffic Quotas Could Lead to Racial Profiling, ACLU Says” (24 August 2016), online: Michigan Radio www.michiganradio.org/post/state-police-traffic-quotas-could-lead-racial-profiling-aclu-says. The chief and the board are jointly liable for the discriminatory actions of officers, and have a joint responsibility for compliance with the Code.[36]. [184] Elmardy v Toronto Police Services Board, 2015 ONSC 2952 (CanLII) at para 64. In December 2013, the commission produced a comprehensive interim report that sets out the challenges we face in order to maintain the UK’s status as an international hub for aviation. Due to stereotypes that uniquely relate to intersecting identities, Indigenous and racialized people may be particularly vulnerable to racial profiling based on multiple Code grounds. 2553 Airport Blvd., West Columbia, South Carolina 29170-2142 (803) 896-6262 [210] Policy on Racism, supra note 52 at 46. Section 12 of the Code protects people who experience discrimination, harassment or reprisal because of their association, relationship or dealings with an Indigenous or racialized person or persons. Carl Takei, “How Police Can Stop Being Weaponized by Bias-Motivated 911 Calls” (18 June 2018), online: ACLU www.aclu.org/blog/racial-justice/race-and-criminal-justice/how-police-can-stop-being-weaponized-bias-motivated [Takei]. “Gatwick is still very much in the race,” Gatwick Airport CEO Stewart Wingate said. [78] Patrong v Banks et al, 2015 ONSC 3078 (CanLII) at para 68 [Patrong]. [245] However, police cannot target individuals as possible suspects “solely because they hold or express particular views”[246] and must not racially profile when investigating possible suspects. It fuels negative and destructive racial stereotyping of those who are subjected to profiling. 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 OHRC documents the harms caused by racial profiling to individuals and communities in its consultation report on racial profiling, Under Suspicion, which is a companion to this policy. Example: A security guard follows a racialized man out of a store and tells him that store staff suspect him of stealing, both that day and on previous visits.