Carding (police policy)

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Carding, which is officially known as the Community Contacts Policy,[1] is an intelligence gathering policy of the Toronto Police Service involving the stopping, questioning, and documenting of individuals when no particular offence is being investigated.[2] The information collected is kept on record in the Field Information Report (FIR) database.[2] Field Information Reports include details including the individuals gender, race, the reason for the interaction, location, and the names of any associates,[3] to build a database for unspecified future use.[4] Officially, individuals are not legally detained, but this distinction is not clear.[5] Carding contributes to a disproportionate amount of black and Indigenous people being recorded in law enforcement databases.[5]

Regina Police Chief Evan Bray claims that the distinction between carding and police-civilian interactions depends upon whether or not the information collected is recorded.[6] Kevin Brookwell, a spokesman for the Calgary Police Service, claims that the term carding originated in Eastern Canada.[7] Lethbridge Police Chief Rob Davis asserted that the term "carding" originated in the U.S.,[8] and that a street check is not stop and frisk.[9] Waterloo Police Chief Bryan Larkin claims officers card individuals to determine how people connect to each other.[10]

In summer of 2014, the Toronto Police discontinued the use of physical hard copy cards (TPS 306 Form), officers were directed to enter the information captured during community engagements into their memobook as Community Safety Notes (CSN), which may be retained for a maximum of seven years.[11] Ontario's 2014 Counter Terrorism Plan directs police to ensure carding intelligence "is shared regularly with key partners", including Criminal Intelligence Service Canada, the Ontario Provincial Police, the Canadian Security Intelligence Service and the Royal Canadian Mounted Police.[12]

Aliases[edit]

Street Check Reports
The Peel Regional Police refers to the practice as a "street check" and enter information gathered from "street check reports" into a database that Peel police maintains.[13] The Edmonton Police Service also uses the term street check report.[14]
Collection of Information In Certain Circumstances (CIICC)
Espanola Police call this practice "collection of information in certain circumstances" (CIICC).[15]
Check-Up Slips
The Calgary Police Service has a practice of collecting Check-up Slips.[16]
Street Intelligence Reports
The Lethbridge Police Service has a practice of gathering Street Intelligence Reports.[16]
Contact Interviews
The Saskatchewan Police Commission avoids the term carding because it prefers to use a more neutral term.[17]

Scope[edit]

Ontario regulations constraining carding came to effect at the beginning of 2017, changing the scope of carding in Ontario cities.[18]

Prior to 2017[edit]

  • The PACER report indicates that from 2009 to 2011, there were 1,104,561 persons entered into the Toronto Police Service Field Information Report (FIR) database.[19]
  • In 2009 the Vancouver Police Department made 11,507 entries for street checks into the BC PRIME database.[20]
  • The Ottawa Police Service entered 45,802 people into the Ottawa Records Management System (RMS) database from 23,402 street checks in the years 2011 to 2014[21] In 2012, Andrew Tysowski discovered that while innocent of any crime, the Ottawa Police Service had collected and stored some of his personal information for six years.[22]
  • The Hamilton Police Service published the annual number of street checks its ACTION team completed in its 2013 year-end report to the service's oversight board: 5,423 Street Checks in 2011, 4,803 in 2012 and 3,684 in 2013,[23] records of these activities were recorded in the service's NICHE database.[24]
  • Since 2005, Halifax Regional Police officers have submitted 68,400 street checks of 36,700 individuals.[25] Information is stored in Versadex, a Halifax Regional Police database also used to store other information.[26]
  • The Waterloo Regional Police have conducted 68,400 street checks between 2005 and 2015. Stops in the region increased from 1339 in 2005 to 8500 in 2013.[27] Records capture date, time, and personal information such as address, height, weight, sex, and race.[28]
  • Since 2006, Niagara Regional Police officers have submitted 157,315 street checks.[29]
  • From 2009 to 2014, the Peel Regional Police conducted 159,303 street checks, recorded on PRP17 cards, and a freedom-of-information request by a Peel Region resident revealed that black people were three times more likely to be stopped than whites.[30]
  • Between 2011 and 2014, the Edmonton Police Service carded 105,306 individuals, an average 26,000-plus people per year.[31] In Edmonton, carding information is stored indefinitely.[32] The Police Service has acknowledged that “police do not inform people they have the right to walk away” and take the position that “some of the responsibility should be on individuals to know their rights”.[33]
  • In 2014, the London Police Service performed 8,400 street checks and entered 14,000 people, vehicles and properties into their database, of those identified, 71% were white, 7.7% were black and 5.3% were of First Nation heritage.[34]
  • In 2010, the Calgary Police Service carded 47,000 people, while in 2015 around 27,000 people having been carded.[35]
  • In 2014, the Saskatoon Police Service stopped nearly 4,500 people, about 1.7 per cent of the city's population.[36] In 2015, 735 street checks were conducted.[37] In Saskatoon, street check records are kept for ten years.[38]
  • In 2014, the Windsor Police Service generated 953 street check reports, the service averages 1,265 street checks a year.[39]
  • In 2015, the Lethbridge Police Service filed 1,257 carding reports, and 1,007 in 2016. Though 80 per cent of the Lethbridge's population identify as caucasian, 60 per cent of the recorded carding incidents in Lethbridge involved non-caucasians.[40]
  • In 2012, the Edmonton Police Service filed 27,322 carding reports,[41], 27,155 in 2015 and 22,969 in 2016[42] During 2016 in Edmonton, Indigenous women were 10 times more likely to be stopped by officers[43].

After 2016[edit]

Controversy[edit]

Opposition to carding is widespread, with testimony and a news organization investigation indicating that when practised in Toronto it primarily targets black persons[49]. The Law Union of Ontario submitted that carding implements a systematic violation of people's Charter rights, human rights, and privacy rights[50]. The Office of the Ontario Ombudsman believes the practice of carding is illegal[51]. On November 18, 2013, the Canadian Civil Liberties Association denounced carding as "unlawful and unconstitutional" to the Toronto Police Services Board[52].

On May 7, 2015, in Elmardy v. TPSB, Ontario Superior Court Justice Frederick Myers ruled "One who is not being investigated for criminality is allowed to walk down the street on a cold night with his or her hands in the pockets and to tell inquisitive police officers to get lost without being detained, searched, exposed to sub-zero temperatures, or assaulted."[53]

On October 23, 2015, Ruth Goba, Interim Chief Commissioner of the Ontario Human Commission Rights Commission, stated that when Hamilton Police Chief De Caire requires police officers to be "stopping, talking and investigating young black males", the Hamilton Police Service is implementing a textbook description of racial profiling[54]. On April 26, 2016, Hamilton Councillor Matthew Green, a public official in Hamilton opposed to police carding, was carded by the Hamilton Police Service[55].

After a fact finding mission in October 2016, the United Nations' Working Group of Experts on People of African Descent expressed concerns that racial profiling is endemic to carding strategies and practices used by Canadian law enforcement[56].

On November 8, 2016, during question period, Mike Ellis, MLA for Calgary-West, stated that carding violates Section 9 of the Charter of Rights and Freedoms[57].

On January 9, 2017, Halifax Regional Police released statistics showing police were three times as likely to card blacks than whites[58]. Nova Scotia Premier Stephen McNeil responded, "I don't think it's acceptable anywhere. I think I was startled, like most Nova Scotians, by the stats that were brought out"[59]. Mayor Michael Savage said the numbers concerned him, and he would press the force to gather more information to determine why the checks were done and what police were looking for[59]. In April 2017 the Nova Scotia Human Rights Commission announced that it will lead an investigation into the practice of carding in Halifax[60].

The Union of British Columbia Indian Chiefs and the British Columbia Civil Liberties Association have filed a complaint to the Office of the Police Complaint Commissioner of British Columbia over carding of Indigenous and black people in Vancouver[61]. Both British Columbian Premier John Horgan and Vancouver Mayor Gregor Robertson have expressed concern over city police’s use of street checks[62].

Oversight[edit]

There is an ongoing debate around what ability police boards have to influence carding operations:[63]

  • The Hamilton Police Services Board moved to suspend the practice of carding while the province reviews, but it was stopped by the police service's lawyer. Instead the board moved to request an information report on best practices as it pertains to policy around Community Street Checks.[64] Shortly thereafter, Chief Glenn De Caire refused to implement an interim policy governing carding that was adopted from the Toronto Police Services Board.
  • The Peel Police Services Board passed a recommendation that the chief stop carding,[65] but the Chief Jennifer Evans said she will not follow their recommendation.
  • On November 22, 2016, the London City Council formally asked Chief of Police John B. Pare to ban the London Police Service practice of random street checks[66].

On August 13, 2015, the London diversity and race relations advisory committee met to discuss carding practices in the city, unexpectedly, the London Police Service officer dedicated to race relations did not attend the meeting[67].

In the 2016/2017 Annual Report for the Office of the Police Complaint Commissioner, the Office of the Police Complaint Commissioner (British Columbia) cited ongoing concerns with the collection of identifying information by police, and expressed an expectation that either the Vancouver Police Board or the Legislative Assembly of British Columbia would create a policy on carding[68].

On September 18, 2017, the Nova Scotia Human Rights Commission selected an independent expert[69], Dr. Scot Wortley, of the University of Toronto Centre for Criminology and Sociolegal Studies to undertake a investigation into the Halifax Regional Police Service’s use of street checks and the impact such checks may have on the Black community, the final report is expected in the Fall of 2018.[70]

On June 6, 2018, the Saskatchewan Police Commission created policy OC 150 Contact Interviews with the Public[71], which constrains carding based on an individuals race or location[72].

Regulation[edit]

On 16 June 2015, Ontario announced that it will develop a new regulation to regulate police street checks. The Ministry of Community Safety and Correctional Services have held a series of five workshop-style public meetings across the province:[73]

  • August 21, 2015 – Ottawa
  • August 25, 2015 – Brampton
  • August 27, 2015 – Thunder Bay
  • August 31, 2015 – London
  • September 1, 2015 – Toronto

22 October 2015, during debate in the Legislative Assembly of Ontario, Yasir Naqvi, minister of community safety and correctional services, announced that regulation banning random street checks will be in place by the end of the fall, and will become part of the Police Services Act of Ontario, and will include:[74]

  • Stronger guidelines for police who conduct street checks as part of an investigation or because of suspicious activity.
  • Rules guaranteeing that charter rights are protected for anyone who is checked.
  • Clear rules on how police can collect carding data, use the data, as well as the length of time the data can be stored.

28 October 2015, the Ministry of Community Safety and Correctional Services, posted two draft regulations for public input on the random and arbitrary collection of identifying information by police.[75]

30 November 2015, a coalition of community organisations and individuals issued a joint response to the draft Regulation, articulating a rights-based framework for policing aimed at prohibiting Community Contacts that are arbitrary and discriminatory, negatively affecting African Canadian, Aboriginal and other racialized and marginalized people.[76]

8 December 2015, the Ontario Association of Chief of Police’s Board of Directors unanimously passed a submission on Proposed Regulations to the Police Services Act: “Collection of Identifying Information in Certain Circumstances – Prohibition and Duties” and Proposed Amendments to the Schedule to O.Reg. 268/10 (Code of Conduct).[77]

21 March 2016, the Ministry of Community Safety and Correctional Services, filed Ontario Regulation 58/16: Collection of Identifying Information in Certain Circumstances – Prohibition and Duties,[78] which sets out rules for carding. The Government of Ontario will also launch a multi-year academic study on the impact of carding.[79]

24 March 2016, the African Canadian Legal Clinic, issued a press release stating that the new regulation "fails to fully and finally provide adequate protection for the fundamental rights and freedoms of African Canadians".[80]

12 April 2016, the Board of Directors of the Toronto Police Association, issued a memo to its membership stating that the new regulation is "counterproductive to proactive community engagement and crime prevention".[81]

17 November 2016, the Toronto Police Services Board, revised policy 250: Regulated Interaction with the Community and the Collection of Identifying Information to ensure compliance with Ontario Regulation 58/16, the Police Services Act of Ontario, the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). In addition the policy restricted service members from accessing Historical Contact Data, except as needed to provide an auditable trail as required by law (e.g. evidence in a matter before the courts).[82]

17 May 2017, the Ministry of Community Safety and Correctional Services appointed the Honourable Michael Tulloch, a Justice of the Ontario Court of Appeal, to conduct an independent review of Ontario Regulation 58/16.[83] Tulloch's report into the challenges and validity of police carding is expected to be produced in January 2019.[84] As part of this review, twelve public consultations are to be held between 1 February 2018 and 23 April 2018 in the Greater Toronto Area, and in Thunder Bay, Brampton, Hamilton, Ajax, Markham, Windsor, London, Ottawa and Sudbury.[85]

On 24 August 2017, Kathleen Ganley, as Minister of Justice and Solicitor General of Alberta, announced that the government will begin the process of drafting provincial guidelines for police street checks and the associated collection of personally identifiable information.[86]

On 4 October 2017, Liberal MPP Nathalie Des Rosiers (Ottawa—Vanier) introduced a private member's bill (Bill 164, Human Rights Code Amendment Act, 2017),[87] which expands human rights protections in a number of ways, including making it illegal to discriminate against individuals that have been carded by police.[88]

Responses[edit]

In 2015, Christien Levien, a law school graduate, created Legalswipe, an app that draws from the Canadian Civil Liberties Association's "know your rights" handbook, and guides people through police encounters.[89]

On 17 January 2017, University of Toronto criminologists Anthony Doob and Rosemary Gartner presented a report "Understanding the impact of Police Stops" to the Toronto Police Services Board, among the conclusions was that benefits from carding are "substantially outweighed by convincing evidence of the harm of such practices both to the person subject to them and to the long term and overall relationship of the police to the community".[90]

Variants[edit]

In 2016, the Office of the Police Complaint Commissioner, British Columbia, raised concerns that the Vancouver Police Department's Restaurant Watch program, (also known as Bar Watch or the Inadmissible Patron Program) is a new form of street check or carding.[91]

See also[edit]

References[edit]

  1. ^ "Police Services Act, R.S.O. 1990, c.P.15, as amended, s. 31(1)(c)." (PDF). Toronto Police Services Board. April 24, 2014. Retrieved June 15, 2015. “Contacts” are non-detention, non-arrest interactions between Service and community members that involve the eliciting and/or recording of personal information. 
  2. ^ a b Ferreira, Victor (2015-06-03). "Toronto Mayor John Tory vows to reform 'carding' despite calls to end". Posted Toronto. NationalPost.com. Retrieved 2015-06-15. The policy allowed Toronto police to routinely and randomly stop citizens in the streets and record or elicit personal information. 
  3. ^ Rankin, Jim; Winsa, Patty (2012-03-09). "Known to police: Toronto police stop and document black and brown people far more than whites". Toronto Star. Retrieved 2017-07-12. Toronto police document people on forms called Field Information Reports, which include personal details including skin colour, the reason for the interaction, location and names of others — or “associates” — who were involved in the stop. 
  4. ^ "London police did not attend a citizens group's debate on the controversial practice of street checks". The London Free Press. 2015-08-20. Retrieved 2017-11-29. a highly controversial practice where police randomly stop and record information about people, vehicles and locations that aren’t involved in criminal investigations, to build a database for future use. 
  5. ^ a b Wakefield, Jonny (2017-07-10). "Social activist Desmond Cole to speak in Edmonton amid debate on controversial police practice". Edmonton Journal. Retrieved 2017-07-12. The person is not legally detained, but activists say this is often not clear and results in a disproportionate number of black and Indigenous people having information in law enforcement databases. 
  6. ^ Bennett, Kelly (2016-12-23). "Street checks not the same as carding: Regina police chief". cbc.ca. Retrieved 2017-01-06. Bray is adamant there is a distinct difference between carding someone and conducting a street check. 
  7. ^ "Calgary police 'carding' raises concerns, says civil liberties group that filed FOIP request". cbc.ca. 2016-05-10. Retrieved 2017-09-21. Calgary police spokesman Kevin Brookwell said what officers do in this city is not, strictly speaking, 'carding', which he describes as a term that 'came out of Eastern Canada'. 
  8. ^ Anderson, Drew (2017-06-29). "Complaint filed against Lethbridge police for 'racist' carding practices". cbc.ca. Retrieved 2017-07-06. The terminology being used is carding and it's a term that came out of the U.S., was applied in the Toronto area and it's sort of become a sensationalized term to describe a practice 
  9. ^ Yoos, Cam (2017-06-26). "Street checks are an integral part of policing". Lethbridge Herald. Retrieved 2017-07-19. A street check is not “stop and frisk.” 
  10. ^ Outhit, Jeff (2016-03-25). "Waterloo Regional Police 4 times more likely to stop you if you are black". theRecord.com. Retrieved 2017-07-19. Larkin cautions that police carded some people who are not local residents. He said approaching people to record their names is an intelligence-gathering effort to determine how people connect to each other. 
  11. ^ "The PACER Report - Recommendations Update" (PDF). Toronto Police Service. August 17, 2015. Retrieved July 15, 2016. That the Service discontinue use of the physical hard copy card (currently the Community Inquiry Report or TPS 306 Form) and, as a replacement, direct Officers to enter the information captured during such community engagements directly into their memobook for subsequent input into the electronic application. 
  12. ^ Rankin, Jim; Gillis, Wendy (2017-04-27). "Ontario police forces share carding data with Mounties, CSIS". Toronto Star. Retrieved 2017-07-22. Municipal police services 'should ensure' that intelligence they gather 'is shared regularly with key partners', including the Criminal Intelligence Service Ontario, the Ontario Provincial Police’s anti-terrorism section, the Canadian Security Intelligence Service (CSIS) and the RCMP, according to the 2014 document — the most recent version of the plan — that was posted online by two small Ontario police services, then apparently removed. 
  13. ^ Grewal, San (2015-06-12). "Peel police chief says practice similar to carding takes place there". Urban Affairs. TheStar.com. Retrieved 2015-06-15. Peel police Chief Jennifer Evans was asked if an individual not linked to any ongoing investigation or police call that’s come in, or any criminality, could be engaged by police and asked about any identifying information. 
  14. ^ Huculak, Cory (2017-07-06). "Opinion: Street checks a valuable tool for police". Edmonton Journal. Retrieved 2017-07-19. We use 'Street Check Reports' as a tool to gather information. 
  15. ^ White-Kirkpatrick, Camilla (2017-01-02). "New carding legislation now in effect". Local News. Mid-North Monitor. Retrieved 2017-01-06. the process of collection of information in certain circumstances (CIICC) or stopping anyone arbitrarily now involves specific rules for officers to follow when such interactions are made. 
  16. ^ a b Ford, Catherine (2016). "Carding must end for us to have a Just and Equal society". Progress Alberta. Retrieved 2017-07-19. It's called 'carding' by the public, 'check-up slips' by the Calgary Police and 'street intelligence reports' by the Lethbridge Police. 
  17. ^ McKenna, Ryan (2018-06-06). "Saskatchewan Police Commission brings in new policy on carding". The Globe and Mail. Retrieved 2018-06-08. The commission, which regulates municipal and First Nations police forces, refers to the practice as contact interviews, but the terms carding or street checks have been used in other provinces. 
  18. ^ "New Ontario rule banning carding by police takes effect". CBC News. 2017-01-01. Retrieved 2017-02-23. A new provincial rule banning carding by police in specific situations in Ontario officially came into effect on Sunday, but some say it doesn't go far enough to end the controversial practice. 
  19. ^ "The Police and Community Engagement Review" (PDF). Toronto Police Service. Jul 1, 2013. Retrieved June 15, 2015. Analysis indicated from 2009 to 2011, there were 1,104,561 persons entered into the FIR database. 
  20. ^ "Policing Non-Residents of Vancouver" (PDF). Vancouver Police Department. April 4, 2009. Retrieved June 15, 2015. There were 11,507 separate entity entries for street checks. 
  21. ^ "OTTAWA POLICE SERVICE PLAN FOR PARTICIPATION IN PROVINCIAL STREET CHECK REVIEW" (PDF). Ottawa Police Service. 27 July 2015. Retrieved April 8, 2016. There are 45,802 entities (persons) entered within the 23,402 Street Checks from 2011-14. 
  22. ^ McKinnon, Anne (2012-08-30). "CU prof accuses Ottawa police of unjust 'carding'". charlatan.ca. Retrieved 2015-06-15. Carleton prof Darryl Davies wrote a letter to the Ottawa Police after one of his students found out police had collected and stored some of his personal information for six years. 
  23. ^ Bennett, Kelly (2015-06-22). "Hamilton Police do 10 to 15 'street checks' a day". cbc.ca. Retrieved 2015-07-25. Hamilton Police conducted between 3,000 and 5,500 "street checks" yearly between 2010 and 2013. 
  24. ^ "2010 Annual Report" (PDF). Hamilton Police Service. Retrieved July 25, 2015. Implemented Street Check and entry of PONS directly into Niche for ACTION 
  25. ^ McGregor, Phlis and Angela MacIvor,; MacIvor, Angela (2017-01-09). "Black people 3 times more likely to be street checked in Halifax, police say". cbc.ca. Retrieved 2017-07-06. The data released to CBC News under freedom of information legislation shows that 36,700 individuals were checked over 11 years, some on multiple occasions. 
  26. ^ Jefferd-Moore, Kaila (2017-06-08). "Checking up on street checks". thecoast.ca. Retrieved 2017-07-06. All of this collected information is stored in Versadex, the database housing system that HRP uses to store criminal records and other information. 
  27. ^ Sharkey, Jackie (2016-04-09). "Carding: Who gets stopped for street checks in Waterloo Region". cbc.ca. Retrieved 2017-07-29. According to data provided by the Waterloo Regional Police Service, officer conducted 63,697 street checks between 2005 and 2015. 
  28. ^ Monteiro, Liz (2015-06-11). "Waterloo Regional Police conducted 3,304 'street checks' last year". theRecord.com. Retrieved 2017-07-29. The street check captures date, time, and personal information such as address, height, weight, sex, and race. 
  29. ^ "Police board questions discipline". St. Catharines Standard. 2015-06-25. Retrieved 2015-11-19. McGuire said Niagara officers have submitted 157,315 street checks since 2006. 
  30. ^ Grewal, San (2015-09-30). "Peel police struggle to find proof carding works, emails reveal". Urban Affairs. TheStar.com. Retrieved 2015-11-08. from 2009 to 2014, the Peel force conducted 159,303 street checks and that black people were three times more likely to be stopped than whites 
  31. ^ Huncar, Andrea (2015-09-14). "Police street checks: Valuable investigative tool or racial profiling?". cbc.ca. Retrieved 2017-01-06. Figures provided by Edmonton police show between 2011 and 2014, officers carded an average 26,000-plus people per year, a total of 105,306 over four years. 
  32. ^ "'Carding,' or random street checks, under review by Edmonton police". cbc.ca. 2015-10-30. Retrieved 2017-01-06. Street-check figures provided by Edmonton police showed between 2011 and 2014 officers stopped and documented an average 26,000 people per year. The information is stored indefinitely. 
  33. ^ Police Carding in Calgary: The Police Response to RMCLA’s Request (PDF) (Report). Rocky Mountain Civil Liberties Association. Retrieved 2017-07-06. The Edmonton Police Service has acknowledged that “police do not inform people they have the right to walk away” and take the position that “some of the responsibility should be on individuals to know their rights” 
  34. ^ O'Brien, Jennifer (2015-06-17). "London councillor Mo Salih calling for review of police street checks". lfpress.com. Retrieved 2015-07-25. 2014 STREET CHECKS IN LONDON Checks: 8,400 Number of people entered: 14,000 Racial breakdown: White: 71.2%, black 7.7%, Aboriginal, 5.3%, Middle Eastern, 2.5%, Asian, 1.1%, Hispanic. .1%, East Indian, .05%, Other, 4.3%, Not recorded. 6.9%. 
  35. ^ Farooqui, Salmaan (2016-06-28). "Chief of Police speaks on 'carding' controversies in Calgary". Calgary Herald. Retrieved 2016-07-04. In Calgary, the numbers were not only much lower, but have decreased noticeably from 2010 to 2015, with only around 27,000 people having been carded in 2015, compared to 47,000 in 2010. 
  36. ^ Lagaden, Chanss (2015-08-19). "Saskatoon police do more carding than other Canadian cities: report". cbc.ca. Retrieved 2017-01-06. Saskatoon Police confirm that nearly 4,500 people were stopped and asked for identification in the city 
  37. ^ Hamilton, Charles (2016-04-21). "Anti-carding group brings concerns to police board". Saskatoon StarPhoenix. Retrieved 2016-12-20. Saskatoon police officers conducted 735 street checks in 2015, mostly downtown between 10 p.m. and 2 a.m. 
  38. ^ "Saskatoon police do more carding than other Canadian cities: report". CBC News. 2015-08-19. Retrieved 2017-07-21. In Saskatoon, computerized information gathered from these street checks is kept for ten years. 
  39. ^ Wilhelm, Trevor (2015-08-30). "Windsor police chief calls new provincial street check rules 'negligent'". Windsor Star. Retrieved 2017-01-06. Windsor police average 1,265 street checks a year, according to a report released at this week’s police services board meeting. In 2014, officers submitted 953 street check reports. 
  40. ^ Mabell, Dave (2017-06-21). "Lawyer calls for end to 'carding' of blacks, aboriginals". Lethbridge Herald. Retrieved 2017-06-22. Hlady said she obtained Lethbridge carding statistics through a “freedom of information” request. It showed officers filed 1,007 carding reports in 2016, and 1,257 a year earlier.. 
  41. ^ Wakefield, Jonny (2018-06-24). "'Carding' stops by Edmonton police drop 30 per cent in one year". Edmonton Journal. Retrieved 2018-06-26. Last year’s total was down 30 per cent since 2016 and nearly 40 per cent from a high of 27,322 street check reports in 2012. 
  42. ^ Wakefield, Jonny (2017-07-10). "Social activist Desmond Cole to speak in Edmonton amid debate on controversial police practice". Edmonton Journal. Retrieved 2017-07-12. Edmonton police conducted 22,969 street checks in 2016 compared to 27,155 the year before. .
  43. ^ Huncar, Andrea (2017-06-27). "Indigenous women nearly 10 times more likely to be street checked by Edmonton police, new data shows". cbc.ca. Retrieved 2017-07-13. The data, obtained by CBC News from the Edmonton Police Service through a freedom of information request, shows that in 2016, Aboriginal women were nearly 10 times as likely to be checked as white women. 
  44. ^ Bennett, Kelly (2018-02-15). "Police board chair expects 'hard questions' on anti-carding law". CBC News. Retrieved 2018-02-23. A report scheduled to be presented to the board Thursday states that the Hamilton Police Service conducted five interactions with members of the public in 2017 that required them to follow the regulations outlined in the law. 
  45. ^ Cossette, Marc-André (2018-01-29). "Critics doubt new police stats on street checks". CBC News. Retrieved 2018-02-23. After spending more than $500,000 to implement new provincial rules governing street checks, Ottawa police stopped only seven people between March and December 2017, according to a report released ahead of Monday's Ottawa Police Services Board meeting. 
  46. ^ VPD Street Check Data 2008-2017 (Report). Vancouver Police Department. 2018-05-24. Retrieved 2018-06-15. 
  47. ^ Dhillon, Sunny (2018-06-07). "Premier Horgan, Vancouver mayor Robertson express concern over city police';s use of street checks". The Globe and Mail. Retrieved 2018-06-15. Data released by the force show 16 per cent of street checks last year involved people who were Indigenous. But Indigenous people make up about 2 per cent of Vancouver’s population. 
  48. ^ Wakefield, Jonny (2018-06-24). "'Carding' stops by Edmonton police drop 30 per cent in one year". Edmonton Journal. Retrieved 2018-06-26. Officers filed 15,909 street check reports in 2017, documenting cases where they stop and request information from someone who is not suspected of a crime. 
  49. ^ Pagliaro, Jennifer (2015-06-03). "Mayor John Tory maintains carding needs reforming, not ending". City Hall. TheStar.com. Retrieved 2015-06-04. After dozens of prominent Torontonians stood just steps from John Tory's second-floor city hall office to demand an end to carding, the mayor said he heard their message 'very clearly'. But on Wednesday, Tory refused to join that call, instead doubling down on his position that the practice needs reforming, not shelving. 
  50. ^ "Submissions to Toronto Police Services Board Re: Community Contacts Policy" (PDF). Toronto Police Services Board. 2014-05-25. Retrieved 2015-06-15. This practice was a systematic violation of the rights of people in our communities, and especially of racialized youth, and it undermined the public's trust and confidence in the police service and thereby impaired public safety. 
  51. ^ "Ontario Ombudsman slams police street checks". The Ottawa Sun. 2014-07-28. Retrieved 2015-08-27. I've always thought that carding is an illegal measure. 
  52. ^ "Submissions to the Toronto Police Services Board Meeting Nov 18, 2013" (PDF). Canadian Civil Liberties Association. 2013-11-18. Retrieved 2017-07-20. It is unlawful and unconstitutional, in our view, to stop, question, detain, and/or search a person and/or record their information in a police database, if the interaction is not voluntary and in the absence of a proper investigative purpose, as set out below. 
  53. ^ "Elmardy v.TPSBandPak" (PDF). The Barristers Group. 2015-05-07. Retrieved 2017-08-21. 
  54. ^ "Carding is basic investigative work, Hamilton officers say (Oct. 22, 2015)" (PDF). Ontario Human Rights Commission. 2014-10-23. Retrieved 2016-04-28. This is a textbook description of racial profiling. It is not discretion in action – it is a racially-motivated round-up. 
  55. ^ "Councillor says he was 'arbitrarily stopped/ questioned' by police". CBC News. 2016-04-26. Retrieved 2016-04-27. Green, the city's first black councillor, was waiting for a bus on the corner of Stinson Street and Victoria Avenue South when the interaction happened. 
  56. ^ "Statement to the media by the United Nations' Working Group of Experts on People of African Descent, on the conclusion of its official visit to Canada, 17-21 October 2016" (Press release). Ottawa. Office of the United Nations High Commissioner for Human Rights. 21 October 2016. Retrieved 2016-11-01. 
  57. ^ Muzyka, Kyle (2016-04-26). "Tory MLA demands Alberta government stop police carding". CBC News. Retrieved 2016-04-27. 'The police cannot just arbitrarily stop people on the street and demand identification from them', Ellis said. 'This is not really anything that is actually debatable here. This is Section 9 of the charter of rights.' 
  58. ^ Previl, Sean (2017-01-09). "Black in Halifax? You're three times more likely to undergo police check". Global News. Retrieved 2016-07-31. Black people are three times more likely than white people to be stopped for a street check by police, according to statistics released by Halifax Regional Police (HRP). 
  59. ^ a b Auld, Alison (2017-01-12). "Police-check numbers have 'startled' Nova Scotians, premier says". Global News. Retrieved 2016-07-31. 
  60. ^ Devet, Robert (2017-06-06). "Human Rights Commission slow out of the starting block for carding data analysis". Nova Scotia Advocate. Retrieved 2016-07-31. The group never got that moratorium it asked for, but in April the NSHRC announced that it will lead a narrow investigation into the practice of carding in Halifax. 
  61. ^ Smith, Charlie (2018-06-14). "Stakes are high for Chief Adam Palmer as he defends Vancouver police street checks". The Georgia Straight. Retrieved 2018-06-15. The Union of B.C. Indian Chiefs and the B.C. Civil Liberties Association have filed a complaint to the Office of the Police Complaint Commissioner about a "significant racial disparity" in the use of a Vancouver police investigative techique. 
  62. ^ Dhillon, Sunny (2018-06-07). "Premier Horgan, Vancouver mayor Robertson express concern over city police's use of street checks". The Globe and Mail. Retrieved 2018-06-15. British Columbia Premier John Horgan says he is concerned about the Vancouver Police Department’s use of street checks and has instructed his Public Safety Minister to examine the issue. The Premier’s comments came the same day Vancouver Mayor Gregor Robertson also expressed concern about the checks. 
  63. ^ Bennett, Kelly (2015-10-03). "Why can't Ontario's police boards make police stop carding?". cbc.ca. Retrieved 2015-10-06. Somehow this myth about how the boards can't say anything about operations came into being. 
  64. ^ "Hamilton Services Board Agenda Sept 24th 2015" (PDF). Hamilton Police Services Board. Retrieved 2015-10-06. The Board request an information report on best practices as it pertains to policy around Community Street Checks. 
  65. ^ "Peel Police Services Board Agenda Sept 25th 2015" (PDF). Peel Police Services Board. Retrieved 2015-10-06. The issue of ‘Street Checks’ as conducted by the Peel Regional Police was put on the agenda as New Business. 
  66. ^ "London, Ont. city council urges ban on police carding". CBC News. 2016-11-23. Retrieved 2017-07-20. Politicians gave impassioned speeches before unanimously agreeing to officially request its police services board to ban random street checks, also known as carding. 
  67. ^ "London police did not attend a citizens group's debate on the controversial practice of street checks". The London Free Press. 2015-08-20. Retrieved 2017-11-29. “I’ll just be honest and say I’m a little disappointed they didn’t send somebody,” said committee chair Chad Callander. 
  68. ^ "Independent Expert to Examine Police Street Check Data" (PDF). Office of the Police Complaint Commissioner (British Columbia). 2017-11-18. Retrieved 2018-06-27. As such, the Police Complaint Commissioner was hopeful that the Vancouver Police Board would adopt a comprehensive policy with broad application to a variety of policing circumstances that strikes a reasonable balance between the rights of citizens and the goals of policing. The Police Complaint Commissioner was of the view that the only other viable alternative was to seek assistance from the legislature, as exemplified in Ontario, and currently under consideration in Alberta. 
  69. ^ "Independent Expert to Examine Police Street Check Data". Province of Nova Scotia. 2017-09-18. Retrieved 2018-06-08. Scot Wortley has been selected by the Nova Scotia Human Rights Commission as the independent expert to examine police street check data related to persons of African descent. 
  70. ^ "Update of Research Activities -- Street Check Investigation" (PDF). City of Halifax. 2017-11-13. Retrieved 2018-06-08. This investigation was officially launched on September 18th, 2017. There are plans to table the final report in the Fall of 2018. 
  71. ^ "Saskatchewan Police Commission Policy Manual Part II" (PDF). Saskatchewan Police Commission. 2018-06-06. Retrieved 2018-06-26. For the purposes of this policy "Contact Interview" means a contact with the public initiated by a member of a police service with the intention of gathering information not related to a specific known incident or offence. 
  72. ^ McKenna, Ryan (2018-06-06). "Saskatchewan Police Commission brings in new policy on carding". The Globe and Mail. Retrieved 2018-06-26. The police commission is bringing in a new policy which spells out that people can’t be stopped based on their race or just because they are in a high-crime area. 
  73. ^ "Ministry of Community Safety and Correctional Services::Public Consultations". Ministry of Community Safety and Correctional Services. 2015-08-25. Retrieved 2015-09-27. The Ministry of Community Safety and Correctional Services is working to regulate police street checks and is seeking input from members of the public. 
  74. ^ Grewal, San (2015-10-23). "Random or arbitrary police carding will stop, province says". Urban Affairs. TheStar.com. Retrieved 2015-10-23. We as a government stand opposed, Speaker, to any arbitrary, random stops by the police simply to collect information when there are no grounds or reason to do so... 
  75. ^ "Summary of Draft Regulation on Carding and Street Checks". Ministry of Community Safety and Correctional Services. October 28, 2015. Retrieved April 4, 2016. The province has posted two draft regulations for public input on the random and arbitrary collection of identifying information by police, referred to as carding or street checks, one new and one amended. 
  76. ^ "A JOINT RESPONSE TO ONTARIO DRAFT REGULATION "COLLECTION OF IDENTIFYING INFORMATION IN CERTAIN CIRCUMSTANCES – PROHIBITION AND DUTIES"" (PDF). November 30, 2015. Retrieved April 4, 2016. The signatories to this Joint Statement recognise the value of legitimate non-arbitrary and non-discriminatory policing, and call on the Ministry to allow for such policing, while protecting individuals' fundamental rights. 
  77. ^ "Submission on Proposed Regulations to The Police Services Act: "Collection of Identifying Information in Certain Circumstances – Prohibition and Duties" And Proposed Amendments to the Schedule to O.Reg. 268/10 (Code of Conduct)" (PDF). Ontario Association of Chiefs of Police (OACP). December 8, 2015. Retrieved April 4, 2016. Information collected forms part of a Police Record. Police Records are operational records and are under the authority of the Chief of Police pursuant to the Municipal Act, s. 255(6). Police Services Boards properly do not have domain over operational records as a result. 
  78. ^ "ONTARIO REGULATION 58/16: COLLECTION OF IDENTIFYING INFORMATION IN CERTAIN CIRCUMSTANCES – PROHIBITION AND DUTIES". Ministry of Community Safety and Correctional Services. March 21, 2016. Retrieved April 1, 2016. The province has filed final regulations on the arbitrary collection of identifying information by police, referred to as carding or street checks. 
  79. ^ "Ontario Prohibits Carding And Street Checks, Sets Out New Rules For Police Interactions". Ministry of Community Safety and Correctional Services. 2016-03-22. Retrieved 2016-04-01. The Ministry of Community Safety and Correctional Services will also launch a multi-year academic study to better understand the impact on community safety from collecting identifying information through police interactions with the public. 
  80. ^ "READ: The Toronto Police Association's memo on anti-racism". Board of Directors of the Toronto Police Association. April 12, 2016. Retrieved April 18, 2016. Furthermore, the regulation is counterproductive to proactive community engagement and crime prevention and forces a reactive model of policing. 
  81. ^ "Draft Minutes of the meeting of the Toronto Police Services Board held on November 17, 2016". Toronto Police Services Board. November 17, 2016. Retrieved December 20, 2016. it is recommended that the Board approve the attached revised Board policy entitled “Regulated Interaction with the Community and the Collection of Identifying Information” 
  82. ^ "Order in Council 1058/2017". Ministry of Community Safety and Correctional Services. May 17, 2017. Retrieved June 22, 2017. the Honourable Michael Tulloch, a Justice of the Ontario Court of Appeal, is hereby appointed as the Independent Reviewer of Ontario Regulation 58/16 
  83. ^ Molly Hayes (2017-11-16). "'Street check' or 'well-being check'? Police carding case comes at key juncture in Ontario". The Globe and Mail. Retrieved 2017-12-01. A review is now being done by Ontario Court of Appeal Justice Michael Tulloch, who will produce a report by January, 2019, into the challenges and validity of carding as a policing tool 
  84. ^ "Judge to hold carding public consultations across Ontario". CBC News. 2019-01-10. Retrieved 2018-01-18. The public consultations will be held between February 1st and April 23rd. Three will be held in the Toronto area and the others will be in Thunder Bay, Brampton, Hamilton, Ajax, Markham, Windsor, London, Ottawa and Sudbury. 
  85. ^ "Community groups to be consulted on street checks". Legislative Assembly of Alberta. 2017-08-24. Retrieved 2017-12-24. After the feedback has been received, the government will work on a draft guideline. Before the guideline is finalized, the province will conduct further consultations. 
  86. ^ "Bill 164, Human Rights Code Amendment Act, 2017". Legislative Assembly of the Province of Ontario. 2017-10-04. Retrieved 2017-12-01. The bill amends the Human Rights Code to include immigration status, genetic characteristics, police records and social conditions as prohibited grounds of discrimination. The purpose of this bill, if passed, is to ensure that the Human Rights Code counters new forms of discrimination that some Ontarians face; namely, discrimination on the basis of their immigration status or their genetic characteristics, police records or social conditions. 
  87. ^ Terry Davidson (2017-10-12). "Lawyers laud proposed additions to Ontario Human Rights Code, but say more change needed". The Lawyer's Daily. Retrieved 2017-12-01. It's also going to protect people who are charged but not convicted, or found not guilty, and it's going to protect people who have interactions with police for mental health reasons, for example, whether it’s a check for mental health issues ... or if someone is carded at the side of the road. 
  88. ^ Oved, Marco Chown (2015-07-02). "Lawyer-in-your-pocket app helps during police carding". Foreign Affairs. TheStar.com. Retrieved 2016-07-03. This is a primarily tool for legal education. I hope that people are educating themselves prior to any given interaction, so they know what their rights are 
  89. ^ Doob, Anthony; Gartner, Rosemary (2017-01-17). "Understanding the impact of Police Stops" (PDF). Toronto Police Services Board. Retrieved 2017-05-20. But the evidence that it is useful to stop, question, identify, and/or search people and to record and store this information simply because the police and citizens “are there” appears to us to be substantially outweighed by convincing evidence of the harm of such practices both to the person subject to them and to the long term and overall relationship of the police to the community. 
  90. ^ Stan T. Lowe, Police Complaint Commissioner (2016-08-29). "APPENDIX: RECOMMENDATION TO POLICE BOARDS". 2015/2016 Annual Report for the Office of the Police Complaint Commissioner (pdf) (Report). Office of the Police Complaint Commissioner, British Columbia. pp. 62–65. Registered Complaint – 2015-10584-01. Retrieved 2016-09-28. The Commissioner is concerned with a practice of demanding government-issued identification absent a legislated or common law authority to do so, as such a practice may be considered akin to a street check or “carding”... 

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