Sunday 6 January 2019

Jamaican Canadian Association Disturbed by Findings of Report on Racial Profiling by the Police


By Neil Armstrong

Photo contributed  Adaoma Patterson, president of the Jamaican Canadian Association


The Jamaican Canadian Association (JCA) says it will hold the Toronto Police Service (TPS) accountable in light of the troubling findings of an interim report by the Ontario Human Rights Commission (OHRC) on its inquiry into racial profiling and racial discrimination of Black persons by the police service.

On International Human Rights Day, December 10, the OHRC released “A Collective Impact,” a report which examined racial disparities in how police services are provided in Toronto, and marrying the hard data with lived experiences and case law.

The inquiry found that between 2013 and 2017, a Black person was nearly 20 times more likely than a White person to be involved in a fatal shooting by the Toronto Police.

Despite representing only 8.8% of Toronto’s population, Black people made up approximately 30% of police use-of-force cases that resulted in serious injury or death, 60% of deadly encounters with Toronto Police, and 70% of fatal police shootings.

“The JCA is very disturbed by the findings in this report. While we will continue to work with the Toronto Police Service on various community initiatives, we will also hold them to account on these serious findings,” says Adaoma Patterson, president of the JCA.

 The OHRC says its goal is to build trust in law enforcement and “make our communities safer, because when diverse communities trust the police, they see themselves as allies of law enforcement rather than targets.”

A Collective Impact is the latest in a body of reports, findings and recommendations—over the past 30 years—that point to persistent concerns about anti-Black racism in policing in Toronto,” said OHRC Chief Commissioner Renu Mandhane. “Our interim findings are disturbing and call for immediate action.”

The report includes analysis of quantitative data received from the Special Investigations Unit, and a review of SIU Director’s Reports. It also highlights legal decisions that have found discrimination against Black persons by the Toronto Police.

The SIU Director’s Reports reveal instances where there was a lack of a legal basis for police stopping Black civilians in the first place, inappropriate searches and unnecessary charges or arrests. The reports and legal decisions also raise broader concerns about officer misconduct, transparency and accountability. 

The data shows an over-representation of Black people in use of force cases that result in serious injury or death.

The OHRC heard first-hand about the experiences of Black people with the TPS and the resulting fear, trauma, humiliation, mistrust and expectations of negative treatment, and about the damage that one person’s negative experience can have on entire Black communities.

The next phase of the inquiry will involve looking at lower-level use of force incidents, and analyzing data received on carding, certain charges and arrests, and conditions and forms of release for adults. The OHRC will also examine culture, training, policies, procedures and accountability mechanisms, and will continue to engage with Black communities.

All of this work will lead to a final inquiry report, with findings, recommendations and next steps.

Photo contributed    Renu Mandhane, chief commissioner of the Ontario Human Rights Commission

In light of the interim findings, the OHRC is calling on the TPS and Toronto Police Services Board (TPSB) to acknowledge that the racial disparities and community experiences outlined in this Interim Report raise serious concerns.

It wants the TPS and TPSB to continue to support the OHRC’s inquiry into racial profiling and racial discrimination of Black persons, and calls on the TPSB to require the TPS to collect and publicly report on race-based data on all stops, searches, and use of force incidents.

The commission is calling on the Ontario government to implement recommendations in the Report of the Independent Police Oversight Review.

It wants the City of Toronto to implement recommendations in the Toronto Action Plan to Confront Anti-Black Racism.

In a joint statement, the Toronto Police Services Board and the Toronto Police Service said they “understand that the report’s preliminary findings, as well as its recommendations, require a thoughtful and comprehensive response from us that builds on the hard work we have been doing already to confront issues of systemic bias.”

They said members of the Toronto Police Service are dedicated, professional and fair. 

“We recognize that there are those within Toronto’s Black communities who feel that, because of the colour of their skin, the police, including when it comes to use of force, have at times, treated them differently. We understand that this has created a sense of distrust that has lasted generations. We – the Board and the Service – know that only by acknowledging these lived experiences can we continue to work with our community partners to achieve meaningful changes.”

They said the Board and the Service acknowledge that no institution or organization, including the Toronto Police, is immune from overt and implicit bias. 

“We have seen examples of other organizations, which are, by their nature, composed of people, dealing with the same challenges that we face. Nevertheless, we acknowledge that a unique obligation is required from those of us who are charged with upholding the law and protecting all of our city’s people. And, while we may be confronting these challenges with resolve today, we are committed to doing even better.”

Both organizations say they accept the recommendations, “recognizing that one of them will require further study. Specifically, the Board will refer its existing Policy concerning data collection to its Anti-Racism Advisory Panel (ARAP) – comprised of Board members, community members, experts and Service members – and ask for recommendations to improve the Policy. This work will consider the legitimate concerns surrounding the impact of race-based data collection on interactions between police and members of Toronto’s communities, and look to collect this data in a manner that will strengthen our connection to the communities we serve.”

They said they have been working for several years to confront these challenges in a variety of ways and with a variety of partners. 

Photo contributed   Andy Pringle, chair of the Toronto Police Services Board


Meanwhile, the Partnership & Accountability Circle says it is “shocked, deeply disappointed, upset, but not surprised” by what it has learned from the interim report.

“Being Black should not be a death sentence for so many Black civilians who are engaged by our city's police. Sadly, police killing of Black people in this city is not new.”

As part of the Toronto Action Plan to Confront Anti-Black Racism, the Confronting Anti-Black Racism (CABR) Unit of the City of Toronto engages the Partnership &
Accountability Circle (PAC), an assembly of 12 Black Torontonians.

 The Circle guides the CABR Unit and supports the full implementation of the Toronto Action Plan to Confront Anti-Black Racism.

It is in full support of all of the OHRC's recommendations, including the call for the City of Toronto to implement the recommendations of the Toronto Action Plan to Confront Anti-Black Racism.

“We further demand that the Toronto Police Services Board immediately adopt all recommendations and actions in the Action Plan that apply to the Toronto Police Service, and that fall within their powers under the Police Services Act.

The PAC also wants the police service to immediately establish the Community and Police Eliminating Anti-Black Racism Team (CAPE-ABR Team), comprised of community and police leaders.

 It says the CAPE-ABR Team must work with the City's Confronting Anti-Black Racism Unit as a resource to inform the development and implementation of actions related to policing and the justice system.

[This story was published in the North American Weekly Gleaner, Jan. 3-9, 2019.]

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