Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Friday, September 04, 2015

Don’t regulate carding — eliminate it, consultation told

It wasn't even 10 minutes into Tuesday night’s final public consultation on “street checks” when the shouting began, hurled from the back of the room towards Yasir Naqvi, Ontario’s minister of community safety and correctional services.

Voicing his concerns about the police tactic better known as “carding,” Cecil Peter — sitting at the same table as police Chief Mark Saunders — attempted to make a point by calling for an impromptu vote in the crowd of roughly 200 gathered at the Toronto Reference Library, to gauge the crowd’s take on carding.

Peter's shouts were soon quieted, as the meeting's moderator reminded him everyone needed an opportunity to speak. But judging by the public comments and written feedback, a straw poll of the room at Tuesday night’s final consultation was unlikely to have revealed much support for the controversial practice.

Carding — whereby police stop, question and document people who are not suspected of a crime — has come under intense scrutiny as a damaging and discriminatory practice. Star investigations have shown that black and brown men are carded at a disproportionately high rate by Toronto police.

Anyone approached by police in a non-criminal encounter has the right to walk away. But as a panel of Supreme Court judges noted in a recent ruling, visible minorities “may, because of their background and experience, feel especially unable to disregard police directions.”

In June, Kathleen Wynne’s government announced plans to regulate street checks, which are used by police forces in various forms across Ontario. The province has since sought input from the public, police associations and community groups, with the aim of implementing a standardized provincial policy this fall.

At previous public meetings in Ottawa, Thunder Bay, London and Brampton, many attendees called for the elimination, not regulation, of street checks, saying the practice is inherently discriminatory.

In response, Naqvi issued a statement on the MCSCS street checks website Tuesday, reiterating that the purpose of the review is to develop “fair, bias-free, and consistent rules requiring that police interactions with the public are justified.”

“We have heard from the community that street checks by definition are arbitrary as well as discriminatory and therefore cannot be regulated — they must simply be ended. The province agrees that these types of stops must end,” Naqvi said.

But Desmond Cole, a vocal Toronto activist against carding, said the province must show that it will not tolerate biased behaviour from police, and not just say it won't. "There need to start being consequences for officers engaging in this behaviour," he told the crowd, to applause.

Speaking passionately, Ellie Adekur said she had doubts the consultation would have any real effect. Pointing to brightly coloured Post-its on the wall — feedback on carding written during group sessions earlier in the night — she said the notes said nothing that community members haven't been saying for years.

“We don’t want to sit around at tables anymore. You don’t listen to us," Adekur said.

Earlier Tuesday, a coalition of groups, including the Toronto chapter of Black Lives Matter, the African Canadian Legal Clinic, the Anti-Black Racism Network and more, held a joint news conference criticizing Wynne’s government for seeking merely to alter, not end, carding.

“Our organizations know that this practice is a fundamental violation of our human rights for a number of reasons,” said Anthony Morgan, a lawyer with the ACLC, citing the overrepresentation of black people, especially young men, in the ranks of those carded.

“If we’re going to see regulations, we want to see regulations towards the elimination of this practice — it is racial profiling, it is racist and it is having detrimental and devastating effects on the African Canadian community,” Morgan said.

Rinaldo Walcott, with the Anti-Black Racism Network and an associate professor of Sociology and Equity Studies at the University of Toronto, says it’s clear from the language the province has used to define the practice that a real discussion about carding cannot happen.

In its discussion document online, the province defines street checks as “a necessary and valuable tool for police” that helps solve and prevent crime.

“The consultation is already warped by the language of ‘police investigative tool,’” Walcott said.

Speaking briefly to reporters, Chief Saunders said he came to the consultations to hear the feedback. He said he is "looking forward" to seeing what regulations the province puts in place.

“We believe that good police work, with intelligence-led principles, and keeping our officers accountable for their actions, and making sure that they treat people with dignity and respect — those are all lawful things."

Original Article
Source: thestar.com/
Author:  Wendy Gillis

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