Policing

Black people have a long and troubled relationship with police and policing in Canada. As Maynard (2017) explains, efforts to control the movement and actions of Black people have been present since slavery was practiced on the territories that would become Canada and have persisted ever since (40-41). These efforts, aimed at surveilling and controlling Black bodies, are rooted in longstanding stereotypical assumptions that associate Blackness with criminality, violence, and other forms of danger, and have been championed through both formal (for example, the police) and informal (for example, individuals, groups, and organizations) mechanisms of social control (Maynard, 2017; see also Mosher, 1998; Walker, 2010). Given this history, it is perhaps unsurprising that concerns about the policing of Black people in Canada have driven much of the discussion about racial inequality in the criminal justice system.

Black people across Canada are disproportionately subject to police stop, question and search activities (Owusu-Bempah and Gabbidon, 2020). Research also demonstrates that Black people in Canada generally hold more negative views of the police than do members of most other racial groups (Cotter, 2022; Sprott and Doob, 2014; Wortley and Owusu-Bempah, 2009, 2022). These negative views result from both personal and vicarious experiences with the police, with Black people often assessing their encounters with the police as unfair, characterized by disrespect, and leaving them feeling “upset” (Wortley and Owusu-Bempah, 2011 see also Samuels-Wortley, 2021). Other research has shown that Black people experience more negative outcomes from their encounters with the police which compound inequalities at later stages of the criminal justice system process; they are less likely to be referred to diversion programs that would keep them out of the formal justice system (Samuels-Wortley, 2022), experience higher rates of arrest for highly discretionary charges and are more likely to face poor-quality charges with a low probability of conviction (Wortley & Jung, 2020). This reality again points to policing as an important factor influencing the over-criminalization of Black people. Crucially, while limited, available data demonstrate that Black people are greatly overrepresented in police use of force cases, and are disproportionately more likely to be killed by the police in Canada (OHRC, 2018; Singh, 2020; Mensah et al., 2021).

Unnecessary and unwarranted police stops, particularly those stemming from racially-biased policing, have far-reaching consequences beyond the immediate inconvenience they pose. Such practices engender feelings of anger, fear, and frustration in those targeted, with research indicating significant psychological impacts. Research (see for example Sewell et al., 2016; Geller et al., 2014) has linked concentrated police stop and search activities in neighborhoods to increased psychological distress and mental health issues in residents, especially men. These effects manifest as heightened nervousness, feelings of worthlessness, and severe psychological distress. The intrusive nature of police stops has been particularly associated with higher levels of anxiety and trauma, including symptoms of PTSD (Geller et al., 2014). This body of research underscores a disturbing correlation between aggressive policing strategies and deteriorating mental health in communities subject to such scrutiny.

Moreover, biased policing practices contribute to broader societal issues by exacerbating social disadvantages and racial disparities within the criminal justice system. Empirical data suggest that, as a result of increased levels of surveillance and differential treatment during police interactions, Black people are more likely to be apprehended and criminalized for similar behaviors as compared to their white counterparts, leading to disproportionate arrest rates (Samuels-Wortley, 2022). These inequities compound at each subsequent stage of the criminal justice system, from bail decision-making, through sentencing, to incarceration, so that the inequities Black people experience at the early stages of the criminal justice process have a cascading effect, resulting in the over-criminalization and incarceration of Black people (Drakulich and Rodriguez‐Whitney, 2018)..

Furthermore, unjust policing practices undermine the legitimacy of the criminal justice system, eroding public trust and cooperation, which are crucial for effective law enforcement and social order (Cane, 2005; Tyler and Fagan, 2008). Without trust and confidence in the system, members of the public become alienated and reluctant to cooperate with the police and the courts as victims, witnesses, complainants, and the accused. Such a situation serves to thwart the efforts of the police to control crime and maintain social order (Decker & Smith, 1980; Murty et al, 1990; Kaukmen & Colavecchia, 1999). Finally, research also suggests that early unwarranted police interactions, particularly with young Black men, may inadvertently contribute to subsequent delinquent behavior, challenging the effectiveness of such policing strategies in crime reduction (Del Toro et al., 2019).

The findings of existing research call for a serious reconsideration of current approaches to policing and their broader implications for society as a whole. While there remains a need to better understand the nuances of the policing of Black people in Canada, the insights and recommendations advanced in previous research and commissions of inquiry such as the Commission on Systemic Racism in the Ontario Criminal Justice System, the Inquiry into Police Street Checks in Halifax, Nova Scotia, and the House of Commons review on Systemic Racism in Policing in Canada, among many others, demand attention.

Recommendations

Police pre-charge diversion

Short term

34. Mandate the greater use of police pre-charge diversion across Canada.

We recommend that police agencies across Canada be mandated to make greater use of diversion programs as alternative justice processes that redirect individuals away from the traditional criminal justice system, focusing instead on rehabilitation, community service, or restorative justice measures, especially those that are offered by Black-led and focused organizations that provide identity-affirming services, supports and programs.

Additional short-term policing recommendations

35. Require that 25% of all Public Safety Canada (PSC) federal transfer payments and Solicitor General and Attorney General grants be allocated to non-police organizations that are directly involved in integrated service delivery programs operating in the pre-criminal space or “alternative response to police” programs for persons in crisis that focus on health, prevention, community safety and well-being.^{Footnote 4}

This approach recognizes that public safety is not exclusively a matter of policing and traditional law enforcement. Instead, it involves a collaboration of various sectors, including health, social services, and community organizations, aiming to address root causes of criminal behaviour such as mental health issues, substance abuse, and socio-economic factors before they escalate into criminal activities. The recommendation suggests reallocating a significant portion of federal funds to non-police organizations. These organizations are often better equipped to handle situations related to mental health, homelessness, or substance abuse, offering an alternative to traditional policing, especially in managing persons in crisis. By focusing on health, prevention, community safety, and well-being, the approach seeks to enhance community safety through preventative measures and alternative responses that align with specific community needs. This shift in resource allocation underscores a growing understanding of the complex nature of public safety and the necessity for a more diversified and holistic approach. It is imperative that these funds are not reallocated from existing funding sources for the provision and support of social services (in other words, reallocating existing social service funding through Public Safety Canada).

36. Establish a timeline of implementation and mechanism for monitoring the adoption and implementation of recommendations tabled in the Systemic Racism in Policing in Canada Report of the House of Commons Standing Committee on Public Safety and National Security (McKay, 2021).
37. Establish a mental health fund for people who have experienced police violence to access no-cost mental health supports.

Medium-term policing recommendations

38. Introduce legislation codifying the prohibition of racial profiling and racially-biased policing.^{Footnote 5}

We recommend that the government introduce specific legislation to address the issues of racial profiling and racially-biased policing. This legislation should clearly define and explicitly prohibit these practices, drawing upon existing legal precedents and jurisprudence. A critical component of this legislative effort would be to provide a precise definition of racial profiling and racially-biased policing, utilizing legal precedents to ensure clarity and eliminate ambiguity in interpretation. By grounding the legislation in existing jurisprudence that has already designated such practices as unconstitutional or illegal, it would be firmly anchored in established legal principles. Additionally, the legislation must outline strong prohibitive measures against racial profiling and racially-biased policing, coupled with significant penalties for individuals and law enforcement agencies found in violation of these standards. These penalties are essential to act as a robust deterrent, ensuring that the law is not just symbolic but effectively enforced. Through this approach, the legislation would create a clear, enforceable framework that significantly advances fairness and equality in law enforcement, directly tackling the challenges posed by racial profiling and racially-biased practices.

39. Prioritize the development of a set of national standards for policing in Canada.

The government should prioritize the establishment of clear and uniform set of national standards for policing. These standards must comprehensively cover areas such as recruitment,^{Footnote 6} use of force, community engagement, hate crimes, and crisis intervention, ensuring consistency and respect for human rights across all Canadian police forces. Central to enforcing these standards would be the creation of a National Police College. This college would standardize training for law enforcement officers across the country, aligning it with the national standards.

The development and continual refinement of a set of national standards should be grounded in evidence-based, peer-reviewed research. This ensures that the practices are effective and respectful of individual rights, particularly in Black and otherwise marginalized communities. It is crucial that these national standards are incorporated into training programs at every level of policing—federal, provincial, and municipal—to guarantee uniformity in law enforcement training across Canada.

Regular review and updating of these standards are essential to keep pace with new research findings, societal changes, and emerging challenges in law enforcement. Moreover, involving communities, especially those disproportionately affected by policing practices, in the development and review of these standards is vital.

40. Increase police accountability for brutality, excessive use of force, harassment, and the under-policing of Black people by:
    • working with the provinces and territories to develop and strengthen independent oversight bodies for police across each province and territory;
    • introducing legislation to prohibit the withholding of the names of peace officers charged with offences under the Criminal Code by police oversight bodies;
    • establishing a nation-wide database that tracks racially disaggregated data on complaints brought to independent oversight bodies, as well as information on case outcomes. These data should be publicly available; and
    • working with the provinces, territories, municipalities and First Nations to develop a mechanism that prohibits the hiring of officers who have been terminated for serious misconduct by other police agencies in Canada.
41. Enhance education and training on anti-racism and cultural competency:
    • fully integrate anti-racism and cultural competency education and training into the police curriculum (for example, the African Canadian Experience Workshop for the RCMP could be revised for expanded mandatory use with all RCMP members across Canada)
    • provide ongoing professional development opportunities for officers to deepen their understanding of systemic racism and cultural competence
    • ensure minimum standards of competency for learners/trainees who undergo anti-racism and cultural competency education and training
42. Work with provinces, territories, municipalities and First Nations to address the current approach to dealing with mental health issues by:
    • requiring mental health workers to accompany police officers for requests for assistance pertaining to people in mental health crises who possess weapons. In instances where there are no weapons reported, mental health workers should respond without police presence;
    • discontinuing the practice of police officers conducting wellness checks and redirect funds for mental health workers to do this work; and
    • mandating and enhancing education and training for police officers on how to interact with people undergoing acute mental health crises and on de-escalation techniques.