Ghizlane Zerzkhane | Contributor
Featured image: Random and arbitrary carding of citizens is now illegal. | Amir Yazdanparast
The provincial government has introduced a ban on the use of arbitrary carding, also known as street checks, by police in Ontario.
The ban, which took effect on January 1, will prevent Toronto police from collecting personal information from anyone who is not under investigation.
Police will still have access to historic data, however, and have defended the practice, stating that database-logged information could help identify possible witnesses or suspects in future investigations.
This has faced controversy over claims that much of the data would now be classified as having been obtained illegally.
Critics believe carding violates Section 10(b) of the Canadian Charter of Rights and Freedoms, which states anyone detained by police has the right to “instruct counsel without delay.”
Often, people are not informed of this right by police and not aware that they are not obligated to provide personal details if not under arrest or investigation.
Ontario’s Community and Safety Correctional Services Minister Kevin Flynn has stated the regulation was drafted following a consultation with the public on how to improve police interaction.
“These new rules protect the rights of people who are not under investigation while also laying the foundation for more positive, trusting and respectful relationships between police and the public,” said Flynn to the CBC.
Along with Flynn, Ontario’s Anti-Racism and Children and Youth Services Minister Michael Coteau believes the ban will prevent systemic racism within the justice system.
Police are now banned from carding anyone for being present in an area with high crime rates nor due to racial bias.
According to a report by the Toronto Star, 25 per cent of the carding data between 2008 and 2011 related to young black men, even though only 8.3 per cent of Toronto’s population is black.
The report also found that within 72 different patrol zones, the number of young black men carded exceeded the number of young black men living in those locations.
Toronto Police Chief Bill Blair believes the reason for this is that carding statistics apply to both residents and people simply present within those areas.
Sandy Hudson, co-founder of Black Lives Matter Toronto, does not believe the ban is enough to prevent racial profiling.
“Where these rules apply—and where they don’t—doesn’t change anything about carding. A police officer can always say they are investigating a particular crime,” she told the CBC.
Police are still able to gather personal information during routine traffic stops, when someone is being arrested, detained or when a search warrant is executed.
