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]. Gatwick’s response to the Commission’s final report 13 Future expansion plans 14: 3. or in what situations, this would be permissible and consistent with human rights laws.[128]. 1. Racial profiling can occur based on race in combination with other aspects of social location, such as poverty. Refer it to the chief of police of the police service the complaint relates to for investigation. [157] Elmardy, supra note 39 at paras 107–09. [39] In 2019, the Supreme Court of Canada stated, “We have arrived at a place where the research now shows disproportionate policing of racialized and low‑income communities.”[40] Several Canadian surveys[41] and police-related data sources[42] show that Black people (and in some cases, Indigenous, South Asian and Middle Eastern people) are stopped and/or searched by police more often than White people. 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”). 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. The Comprehensive Ontario Police Services Act, 2019, which will repeal the Police Services Act, received Royal Assent on March 26, 2019, but has not yet been proclaimed. Some key principles governing positive change and respect for human rights in law enforcement include: A number of law enforcement organizations in Canada, the U.K. and the U.S. have taken steps to curtail racial profiling and related concerns. [135] However, if police only have information to “be on the lookout” for young White males, and there is no further physical description or information linking the person to a crime, this information would not be sufficient [295] OIPRD, “Systemic Reviews,” ibid; see also Police Services Act, supra note 29, s 57. More police contacts lead to higher point values, and higher point values are cited as justifications for more contact, resulting in a “feedback loop” characterized by the ongoing targeting of individuals who are not necessarily engaged in criminal activity.[261]. REPORT BY SECRETARIAT . See also Abbott v Toronto Police Services Board 2009 HRTO 1909 at para 45 [Abbott]. The Airports Commission Report: Carbon Emissions, Air Quality and Noise In advance of the Environmental Audit Committee (EAC) evidence session on 30 November 2016 1 am writing to set out how the recommendations of the Committee's interim report The Airports Commission Report: Carbon Emissions, Air Quality and Noise have informed the government's selection of a preferred scheme to … It also appears to be rationally connected to the investigative goal and may be justified as bona fide (legitimate). Why should law enforcement take steps to prevent racial profiling? The Commission has short-listed the following proposals to investigate ahead of its final report: A new runway at Gatwick Airport more than 3,000m in … [83] David A Harris, Profiles in Injustice: Why Racial Profiling Cannot Work (New York: New Press, 2002) The "Have Your Say" Portal provides a platform for all citizens (including businesses and non-governmantal organisations), to share their views on Commission initiatives at key stages in the legislative process.By sharing your views and ideas with us, you can help us develop intiativies on a wide range of topics. Proactive or pretext stops 4.2.3. [189] Routinely conducting immigration status checks on victims or witnesses of crime or people under investigation would likely have a disparate impact on non-citizens who are undocumented or have precarious status. 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]. 3), 2005 BCHRT 302 (CanLII) at paras 466–68. [260] “How the police will use big data tools, particularly in future-oriented ways, is as pressing an issue of police accountability as individual officer bias, excessive force, and other pressing issues currently the topic of public debate,” see Elizabeth E Joh, “The New Surveillance Discretion: Automated Suspicion, Big Data and Policing” (2016) 10:1 Harvard Law and Policy Review 15 at 19 [Joh]. [34], Police services boards oversee how policing is provided in their jurisdictions. 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”). Although predictive policing does not directly rely on race-based inputs, it is often driven by inputs that correlate with race. 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]. We also have regulatory responsibilities in the electricity lines, gas pipelines, telecommunications, dairy and airport sectors. Offering relatively low rewards, or no rewards, for crime-solving information. 1. [252] Academic research has shown that lax law enforcement responses to right-wing extremists have been an enabling factor in the growth of such extremism in Canada. Despite the recommendation laid out in the Airports Commission’s final report, Gatwick Airport said it remained confident that it would still be chosen for expansion, as it is the “only deliverable option”. In deciding whether race was a factor in the conduct, human rights decision-makers have considered whether the events would have played out the same way if the person was White. [286], Although commonly thought of in hierarchical top-down terms, accountability in law enforcement can take multiple forms including peer-based accountability. a subconscious factor impacting on the exercise of a discretionary power in a multicultural society.” Also, “[R]acialization in Canadian society is a recognized fact both inside and outside the criminal justice system. Defining racial profiling: over-policing and under-policing, 2.2.1. Organizational culture 4.2. [307], Public complaints about officer conduct may be filed directly by, among other people, affected individuals and witnesses. “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. [288] Promising results include substantial declines in citizen complaints, increased community satisfaction with the police department, and the use of body camera footage – featuring real-life instances of peer intervention – for officer training.[289]. Presuming Indigenous or racialized people are guilty. This departure from standard practice may constitute evidence of racial profiling. The Court also notes that “[r]equiring 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.” See Le, supra note 3 at para 165. HRTO, OIPRD, courts), government-appointed reviewers and international human rights bodies. [91], Within this environment, law enforcement action and inaction takes the form of unresponsiveness to missing person reports, regular patterns of victim-blaming and related practices. Many people believe that addressing the behaviour of a few “bad apples” – individuals who display overtly racist attitudes and behaviours – will solve the problem of racial profiling. racial slurs), others may be legitimate based on the offence being investigated. of the Working Group of Experts on People of African Descent on its Mission to Canada: Note/By the Secretariat, UNHRCOR, 36th Sess, UN Doc A/HRC/36/60/Add 1 (2017) at paras 35, 78; Report of the Office of the United Nations High Commissioner for Human Rights – Compilation on Canada, UNHRCOR, Working Group on the Universal Periodic Review, 30th Sess., UN Doc A/HRC/WG.6/30/CAN/2 (2018) at para 8; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twenty-first to twenty-third periodic reports of Canada, UNCERDOR, 93rd Sess., UN Doc CERD/C/CAN/CO/21-23 (2018) at paras 15–16; Amnesty International, “Building Hope, Addressing Injustice: Amnesty International’s 2019 Human Rights Report Card and Agenda for Canada” (2019) at 45–47, online (pdf): Amnesty International www.amnesty.ca/sites/amnesty/files/Amnesty_HRA_2018-19_final_ENG.pdf. Newest Additions. It is important to collect data using the best available methodological approaches. [169] Elmardy, supra note 39 at para 20. Artificial intelligence5. COVID-19 brings with it significant challenges for our economy, for businesses and for New Zealanders. Systemic racial profiling occurs when over-scrutiny and different treatment of Indigenous and racialized groups becomes an established and accepted part of the way an organization operates. [142] For example, in the OHRC’s racial profiling consultation, participants reported that some police officers used excessive force, humiliating tactics, derogatory race-based language, engaged in reprisal or threats of reprisal, and singled out racialized people for repeated scrutiny, which was described as “harassment”, see Under Suspicion, supra note 4, at 41–43, 95. Canadian Human Rights Commission, Bill C-59, An Act Respecting National Security Matters: Submission to the House of Commons Standing Committee on Public Safety and National Security (Ottawa: Canadian Human Rights Commission, 2018) at 3–4. a reason for police to stop someone, ask and record identifying information. [30] Police Services Act, ibid at ss 1(2), 1(5); Comprehensive Ontario Police Services Act, 2019, SO 2019, [224] In Brown, the Ontario Court of Appeal determined that “racial profiling can be a subconscious factor impacting on the exercise of a discretionary power in a multicultural society,” supra note 39 at para 81. This is because LECA can conduct a systemic review without a public complaint and investigate officer misconduct, including discrimination, without a public complaint. 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 hate crime is classified by the perception of the accused, not by the victim’s characteristics,” see Statistics Canada, Police-Reported Hate Crime in Canada, 2017, by Amelia Armstrong, The Canadian Centre for Justice Statistics, Catalogue No 85-002-X (Ottawa: Statistics Canada, 30 April 2019) at 5, online: Statistics Canada https://www150.statcan.gc.ca/n1/pub/85-002-x/2019001/article/00008-eng.htm [Police-Reported Hate Crime in Canada]. In practice, however, predictive policing has been found to reinforce existing biases. [262] Person-based inputs may include being labelled a gang member[263] or gang associate,[264] being socially connected with someone who has been killed by firearm,[265] being the subject of multiple police contacts,[266] and so forth. Organizations or institutions that may have a problem with racial profiling should study and implement the best practices of other, similarly-situated organizations. the Airports Commission expected to take. The OHRC has made many recommendations over many years to address racial profiling. This means that the requirement or policy was designed or changed to include as many people as possible, measures that have a less discriminatory effect were sought, and that any remaining individual needs were accommodated, short of undue hardship. Police chiefs and police services boards. ADPO10769 Occurrence of Corrosion in Airframes. Rather than being a biological reality, “race” is socially constructed to create differences among groups with the effect of marginalizing some people in society. This policy includes examples of best practices from law enforcement organizations that are successfully addressing racial profiling. The commission’s report sets out the work it plans to undertake before the publication of its final report in 2015, but also identifies a range of measures which can be taken now in order to improve the efficiency and effectiveness of our aviation industry in the short to medium term. OHRC policies have been given deference by the courts and the HRTO, and quoted in the decisions [337] Graham Hudson et al, (No) Access T.O. This definition of racial profiling includes racial under-policing, which refers to 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. In theory, predictive policing is a neutral, objective, bias-free means of addressing crime: a series of crimes occur, the occurrences are documented and transformed into data, the data is inputted to predictive software, and the software generates predictions about where police should focus their efforts. 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 … Furthermore, in actual practice, the Human Rights Tribunal of Ontario rarely determines whether Indigenous experiences of under-policing, 2.4. in the U.S., searches of African Americans and Hispanic people are less or equally likely to reveal evidence of a crime than searches of White people, see Sharad Goel, Justin M. Rao & Ravi Shroff, “Precinct or Prejudice: Understanding Racial Disparities in New York City’s Stop-and-Frisk Policy” (2016) 10:1 The Annals of Applied Statistics 365 [Goel, Rao & Shroff]; When the New York City police mapped the activities of thousands of Muslims to gather terrorism-related intelligence, it reportedly did not generate a single lead or result in a single terrorism investigation, see American Civil Liberties Union, “Raza v. City of New York ‒ Legal Challenge to NYPD Muslim Surveillance Program” (3 August 2017), online: ACLU www.aclu.org/cases/raza-v-city-new-york-legal-challenge-nypd-muslim-surveillance-program [American Civil Liberties Union]; when the U.S. Customs Service re-evaluated their search procedures to eliminate racial, ethnic and gender bias, they were able to conduct 75% fewer searches without reducing the number of successful searches of passengers carrying contraband, see Lamberth Consulting, “Racial Profiling Doesn’t Work” (2017) online: Lamberth Consulting www.lamberthconsulting.com/racial-profiling-doesnt-work/ [Lamberth Consulting]; see also Jimmy Bourque et al, “The Effectiveness of Profiling from a National Security Perspective” (Ottawa: Canadian Human Rights Commission, 2009) at 81, online: Canadian Human Rights Commission www.chrc-ccdp.gc.ca/eng/content/effectiveness-profiling-national-security-perspective [Bourque et al]; see also Peart, supra note 1 (“Racial profiling will also ultimately undermine effective policing both by misdirecting valuable and limited resources and by alienating law-abiding members of the community who are members of the targeted race” at para 93). The court found that the police officers’ evidence for stopping and searching the man was inconsistent with the documentary evidence and defied common sense. The chief reports to the board and must comply with its lawful orders and directions. Numerical data showing that members of Indigenous or racialized communities are disproportionately represented in stops, searches, arrests, charges, use of force incidents, etc., may be strong circumstantial evidence that discriminatory practices exist. Suspect descriptions: A set of characteristics – such as height, build, perceived age, perceived race, etc. Canadian courts and human rights tribunals have long recognized that racial profiling exists and affects people from Indigenous and racialized[2] communities. RAF Northolt 24 10. The supervisor did not apologize even after she did not find anything in the bag. Meaningfully engage and work closely with Indigenous peoples and racialized communities to understand the concerns and issues they face in the context of law enforcement; and work with the federal government to develop a clear action plan with detailed timelines to address these concerns. [193] Peart, supra note 1 at para 91; see also Dudhi, ibid. 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. Unlike the OIPRD, LECA can conduct a systemic review without a public complaint, where there are issues of a systemic nature that “may contribute or are otherwise related to misconduct.”[313] Furthermore, LECA can investigate the conduct of a police officer without a public complaint if the Complaints Director determines Enforcement incentives and performance targets 4.2.4. [125] Karin D Martin & Jack Glaser, “Racial Profiling” in Social and Cultural Debates: Responses to Illegal Immigration (SAGE Publications, 2012) 491 at 497 [Martin & Glaser]. including racial profiling. [84] US Centers for Disease Control and Prevention, Morbidity and Mortality Weekly Report, “QuickStats: Age-Adjusted Death Rates for Drug Overdose, by Race/Ethnicity – National Vital Statistics System, United States, 2015–2016” (30 March 2018) online: US Centers for Disease Control and Prevention www.cdc.gov/mmwr/volumes/67/wr/pdfs/mm6712a9-H.pdf [QuickStats]. An article in Prospect Magazine comments that what the Airports Commission should have looked at was whether there should be airport expansion at all in the southeast. Since women were being assaulted by a man impersonating a police officer, and she was aware of these assaults, the officer’s presence made her fearful. [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. 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. 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]. The length of time between the use of force and the completion of each step of the force investigation and review. However, the adjudicator found that the police officer assumed the woman was guilty during the entire investigation until he was shown conclusive evidence that she was innocent. To fulfill this role, law enforcement officials must have the trust and cooperation of the public. Accent or use of a language other than English, Having a name not usually associated with the dominant population, Associations: e.g. During a flight from Sunshine Coast Airport, Queensland, to Essendon Airport, Victoria, the pilot of VH-MSU decided to stop at Temora Aerodrome to refuel using runway 18. [249] Fareed Zakaria, “Freedom vs. Security,” Newsweek (7 July 2002); online: www.newsweek.com/freedom-vs-security-147287. See Yunliang Meng, “Racially Biased Policing and Neighbourhood Characteristics: A Case Study in Toronto, Canada” (2014) Cybergeo: European Journal of Geography online: Cybergeo 665. Racial profiling arising from an individual’s explicit bias can have a broader, systemic impact, such as when a person in authority directs another person or organization to single out Indigenous and racialized people for monitoring and different treatment. Even after reviewing video footage that provided only weak evidence of theft, he continued to assume she was guilty. Parties can contract out of human rights legislation if the effect is to raise and further protect the human rights of the people affected.” See Newfoundland Association of Public Employees v Newfoundland (Green Bay Health Care Centre), [1996] 2 SCR 3 at para 26, [1996] SCJ No 54; Puleio v Moneris Solutions, 2011 HRTO 659 (CanLII) (in relation to contracting to a disability management company). 1-3-5-6 Steer Davies Gleave –Study on employment and working conditions in air transport and airports, Final report 2015. Social profiling is likely to have a disproportionate negative impact on Indigenous peoples and racialized communities. 23 Airports Commission Final Report , 2015 ! Recommendations to other law enforcement entities, Appendix A: Police oversight agencies in Ontario. Racial profiling can usually only be detected after looking in at the totality of the circumstances. [104] Ibid at 38; Reclaiming Power Vol 1a, supra note 91 at 630. The inquiry focussed on passenger and freight services. [176] The fact that a person appears nervous when police approach is not something that, on its own, is enough to establish “reasonable suspicion” to detain that person, see R v Kang-Brown, [2008] 1 SCR 456 at para 96, [2008] SCJ No 18. of evidence from the crime scene and from witnesses and victims.”[124] This definition, in conjunction with the fact that the purpose of criminal profiling is to “narrow the pool of suspects for a known crime,”[125] means that criminal profiling differs considerably from racial profiling. Produce and review an annual list of all recognized instances of racial profiling committed by police officers, along with details on what disciplinary action, if any, was taken in response to these incidents. FCC — Federal Communications Commission. According to the American Civil Liberties Association, “Any definition of racial profiling must include, in addition to racially or ethnically discriminatory acts, discriminatory omissions on the part of law enforcement as well.”[73], Under-policing generally refers to inadequate law enforcement responses to the victimization or probable victimization of an individual or group of individuals. Create and maintain a reliable and accurate electronic system to track all data about use of force, including: Race, Indigenous ancestry, age and gender of the subject, Whether the subject had or was perceived to have a mental health disability, was experiencing a mental health crisis or was intoxicated on drugs or alcohol at the time of incident, All type(s) and levels of force used and their sequence, Name, gender, rank, badge number, years of experience, shift, assignment, platoon, unit and division of the officer(s) who used force, Location where the use of force occurred, including postal code, patrol zone and X-Y coordinates, Location where the subject lived, including postal code and patrol zone, Any injuries sustained by the officer and/or the subject and medical services received. The supervisor did not introduce or identify herself, spoke with an elevated voice and demanded that the woman open her knapsack to see if she had stolen something. The report also notes FAA’s plans to install additional AWOS systems at airports where airport sponsors request them using funding from FAA’s Airport Improvement Program. The students are described as young White males ranging in height from 5’10” to 6’2” with brown hair. From June 2013 to June 2015, Ottawa police officers were required to record the race of every driver (based on officer perceptions of race) they stopped. Crime data is shaped by police perspectives and interpretations of which reported incidents qualify as actual crimes. The "Have Your Say" Portal provides a platform for all citizens (including businesses and non-governmantal organisations), to share their views on Commission initiatives at key stages in the legislative process.By sharing your views and ideas with us, you can help us develop intiativies on a wide range of topics. 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. in greater scrutiny, lesser scrutiny or other negative treatment based on race, colour, ethnic origin, ancestry, religion, place of origin or related stereotypes. However, in practice, there are many legitimate concerns about predictive policing. Adopt and implement all appropriate standards, guidelines, policies and strict directives to address and end racial profiling and racial discrimination in policing, including, but not limited to: A clear definition of racial profiling that is consistent with the. [212], Also, policies, practices or decision-making processes may be inherently biased. v Woodhouse. Discrimination may be unique or distinct when it involves two or more Code grounds. Pretext stops are a primary way that racial profiling occurs. 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. Canadian and international human rights institutions and police oversight agencies regularly look to the OHRC for guidance on these issues.
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