Page controls
Page content
TORONTO
The Police and Community Engagement Review: Phase II – Internal Report & Recommendations (2013)
By: The Toronto Police Service
[PACER Report]
Online (pdf): https://tpsb.ca/The%20PACER%20Report.pdf
In 2012, Police Chief William Blair directed the Chief’s Internal Organization Review (CIOR) to examine all aspects of the TPS related to community engagement, and specifically the Field Information Report (FIR) process. This review was the foundation for Phase II of the Police and Community Engagement Review (PACER). The PACER Report focused on how the TPS could enhance public trust and safety, while delivering bias-free service. In particular, the review team recognized the need to address systemic bias and racial profiling within the Service.
Phase II of the review focused on consultations with community members and internal TPS members, seeking input to improve community engagement and the FIR process. During consultations, community members expressed concerns about biased policing and racial profiling. The Service noted that it must support TPS members by providing the necessary tools and training for delivering bias-free police services. The review provided 31 recommendations to the Chief, which addressed 11 areas of the Service. These areas ranged from service governance to performance management, as well as professional standards and public accountability.
This issue has been with us for ages: A community-based assessment of police contact carding in 31 division, Final Report (2014)
By: Logical Outcomes
[Logical Outcomes Report]
Online (pdf): https://youthrex.com/wp-content/uploads/2019/02/CAPP-Final-Report.pdf
In 2014, Logical Outcomes led a community-based research project called the Community Assessment of Police Practices (CAPP) to examine community satisfaction with the TPS’s 31 Division. The project surveyed over 400 community members across 31 Division and conducted two community forums. In its findings, the report noted that very few members of the public were aware of the new policy and formal procedures regarding “carding.” Moreover, the public held widespread dissatisfaction with police interactions in the community. Overall, the project found a low level of trust between the community and the police, including experiences of racial profiling and abuses of power.
Reflecting these findings, the report provided 10 recommendations for the TPSB. The recommendations established a range of improvements including:
- instituting a ban on the carding of minors
- purging contact cards filled out prior to 2014 from the databases
- developing community-level “info clinics” for interested in accessing their information from police databases
- creating a robust and sustained community engagement strategy.
Police Encounters with People in Crisis (2014)
By: The Honourable Frank Iacobucci for Chief William Blair of the Toronto Police Services
[Iacobucci Report]
In August 2013, Chief of Police Willliam Blair of the TPS requested the Honourable Frank Iacobucci to conduct an independent review of the use of lethal force by the TPS. In particular, the review would focus on police encounters with “people in crisis” or those experiencing mental or emotional crises who require urgent care within the mental health system. The review included examining the policies, practices, procedures, and services of the TPS relating to the lethal use of force with respect to persons in crises. In addition, the review involved meeting with stakeholders, examining equipment, observing training, comparing best practices, analyzing academic literature, and consulting with experts. The final report was made public and provided 84 recommendations to prevent lethal outcomes.
The report identified a key theme of interdisciplinary cooperation between police and mental health professionals, as well as mental health consumer-survivors. Furthermore, while former Justice Iacobucci’s mandate did not extend to review the mental health system, he noted that the availability of access to mental health services played a role in the high rate of police encounters with persons in crises. Stemming from his findings, the recommendations ranged from greater training and oversight to de-escalation strategies, as well as calling on other institutions to act such as the Ministry of Health and Long-Term Care.
Understanding the Impact of Police Stops: A report prepared for the Toronto Police Services Board (2017)
By: Anthony N Doob and Rosemary Gartner
(TPSB: Police Stops Report)
Online (pdf): https://www.crimsl.utoronto.ca/sites/crimsl.utoronto.ca/files/DoobGartnerPoliceStopsReport-17Jan2017r.pdf
Relying on the works produced by the Centre for Criminology and Sociolegal Studies of the University of Toronto, Anthony Doob and Rosemary Gartner prepared a report for the TPSB to examine issues related to police stops. The report outlined some of the reliable research on the impacts of “street stops” on ordinary citizens. Moreover, the report examined whether street stops have a short-term effect on local crime. While the report was not an exhaustive literature review, the report also provided one-page summaries of the cited articles.
Based on the review, the report found it was quite clear that the usefulness of the stops could be exaggerated and that there was difficulty finding data to support their continued use in policing. The report found little evidence to support practices where police stop, question, and search citizens. The harms caused by these practices outweighed any evidence on the usefulness of police stops.
Use of Force by the Toronto Police Service: Final Report (2020)
By: Scot Wortley, Ayobami Laniyonu, Erick Laming
[Use of Force 2020 Report]
Online (pdf): https://www.ohrc.on.ca/sites/default/files/Use%20of%20force%20by%20the%20Toronto%20Police%20Service%20Final%20report.pdf
This is the expert report on use of force that was part of the OHRC’s second interim report on its inquiry into anti-Black racism by the TPS.
The report provided a deeper analysis of the 2013 to 2017 data from the SIU that the OHRC analyzed in the first interim report, as well as an analysis of lower-level use of force between 2016 and 2017. Lower-level use of force is force that may not reach the threshold of serious injury, death, or allegations of sexual assault required to engage the SIU’s mandate, but may still result in serious physical and emotional impacts.
The experts indicated that Black people were significantly overrepresented in SIU use-of-force cases and grossly overrepresented in lower-level use-of-force cases that resulted in physical injury (such as bruises and lacerations), but did not rise to the level of the SIU threshold.
This overrepresentation could not be explained by factors such as patrol zones in low-crime and high-crime neighbourhoods, violent crime rates and/or average income. The experts found the results to be consistent with racial bias.
Report for Action: Community Crisis Support Pilot (2021)
By: The City of Toronto
[Community Crisis Support Pilot Report]
Online (pdf): https://www.toronto.ca/legdocs/mmis/2021/ex/bgrd/backgroundfile-160016.pdf
At the direction of the Toronto City Council in 2020, the Toronto City Manager was tasked with developing a non-police-led, alternative community safety response model for calls involving persons in crisis. The City Council noted the evidence of disproportionate use of force, invasive searches, and greater surveillance on Indigenous, Black, and equity-deserving communities when law enforcement responded to mental health crises. The City engaged in roundtables with community partners, conducted interviews with subject matter experts, completed public surveys and polls, and reviewed crisis response models in other jurisdictions.
The report proposed piloting a new community crisis support service for some non-emergency calls for service. The service would consist of mobile crisis support teams with a multidisciplinary background and training in crisis intervention and de-escalation. Teams would be dispatched to respond to non-emergency crisis calls and wellness checks. Community health service partners would provide adaptive and service-user-centred care, ensuring that care continues after the initial crisis intervention. The report also provided further information on the consultations and expert feedback. In addition, the report outlined details on the development and implementation of the proposed service. Finally, the report introduced the required legislative changes from the Province of Ontario and provided recommendations for the City to engage in developing regulations under the Community Safety and Policing Act.
Missing and Missed: Report of the Independent Civilian Review into Missing Person Investigations (2021)
By: The Honourable Gloria J. Epstein
[Missing and Missed Report]
Online (pdfs): https://tpsb.ca/jdownloads-categories/category/61-missing-and-missed?Itemid=-1
In 2018, during the aftermath of several high-profile cases, an independent review of the TPS was ordered to examine how missing person investigations are conducted in Toronto. In particular, the review would focus on missing person investigations involving LGBTQ2S+ or marginalized and vulnerable communities. Led by the Honourable Gloria Epstein, the review examined the Board and Service’s policies, practices, and procedures to determine whether they promote effective and appropriate investigations. In addition, the review re-examined several high-profile cases. Further to this work, the review established a community advisory group, initiated a public outreach and engagement plan, interviewed stakeholders, affected persons and police officials, and commissioned four research papers from leading academics. As a result of these efforts, the review identified that systemic discrimination contributed to the deficiencies in the missing person investigations.
In its findings, the review highlighted key issues including the availability of culturally competent expertise, adequate information-sharing, communication with the public and community engagement, and adequate investigative considerations. The review proposed 151 comprehensive recommendations aimed to improve investigations at a variety of levels. These recommendations included focusing on changes to civilian oversight, case management, community engagement, prevention strategies, communications, relationship building, and professional development.
Rethinking Community Safety: A Step Forward for Toronto (2021)
By: Toronto Neighbourhood Centres in partnership with the Canadian Civil Liberties Association, Black Lives Matter and the Gerstein Crisis Centre, et al
[Rethinking Community Safety Report]
Online (pdf): https://ccla.org/wp-content/uploads/2021/07/Rethinking-Community-Safety-A-Step-Forward-For-Toronto-Full-Report-12.pdf
Service agencies, advocacy groups, and community associations partnered to develop a report addressing community safety issues and reimagining alternatives to policing. At the outset, the report noted the systemic injustices resulting in harm against Black, racialized, and Indigenous communities when policing has been used to address community safety issues. Following recent high-profile cases, the report sought to address the issues in disproportionate policing. The report presented a summary of research and discussions, outlining the key challenges with the existing policing model. The report also identified areas where changes are available to be initiated.
The report identified five areas for immediate action: homelessness, mental health, youth, gender-based violence, and 911 dispatch. The report outlined a number of alternatives, including the expansion of existing programs. Civilian-led community services are the primary focus for these alternatives. The report also made recommendations calling on the City for action in redistributing resources and implementing the necessary programs or alternatives.
ONTARIO
The Report of the Race Relations and Policing Task Force (1989[AL1] )
By: The Honourable Justice Clare Lewis and the Race Relations and Policing Task Force
[Race Relations and Policing Task Force Report]
online: https://www.siu.on.ca/pdfs/clare_lewis_report_1989.pdf
In 1988, the Solicitor General of Ontario established the Task Force on Race Relations, appointing the Honourable Justice Clare Lewis as the Chairperson. The Task Force initiated an inquiry into police training, policies, practices, and attitudes as they relate to visible minorities within Ontario. In addition, the Task Force reviewed written and oral submissions from a variety of stakeholders and communities, as well as past reports and inquests. The resulting report found that relations between the police and visible minorities continued to be a critical and pervasive issue in the province.
The Task Force provided 57 recommendations aimed at reforming police services and police service boards. The recommendations directly targeted improvements to police training, policies, practices, and attitudes. For example, the recommendations included establishing visible minority advisory committees to allow communities to discuss issues that directly affect them with chiefs of police. In addition, the Task Force recommended diversifying its employment and recruitment standards to more adequately reflect the communities being served. This included a recommendation to create an Ontario Race Relations and Policing Review Board, which would develop an employment equity policy, equitable recruitment practices, promotion plans, and race relations training.
Report to the Premier on Racism in Ontario (1992)
By: Stephen Lewis
[Lewis Report to Premier]
Online (pdf): www.siu.on.ca/pdfs/report_of_the_advisor_on_race_relations_to_the_premier_of_ontario_bob_rae.pdf
Following the aftermath of riots in Toronto in 1992, former Premier Bob Rae appointed Stephen Lewis as an Advisor on Race Relations to conduct a consultation and issue recommendations. The consultation included over 70 meetings with a variety of community representatives, government officials, and police chiefs. The subsequent report found that racism and systemic discrimination, particularly anti-Black racism, were pervasive issues in many different social areas. These issues were apparent in areas ranging from the criminal justice system to housing, education, and employment equity.
The report issued a number of recommendations in each of these areas. In particular, the report recommended criminal justice reforms including:
- reconstituting the Race Relations and Policing Task Force
- establishing a community-based Monitoring and Audit Board
- amending the Police Services Act Regulations on the use of force
- ensuring the independence of the Special Investigations Unit
- re-establishing the Anti-Racism Directorate and renewing its resources
Report of the Commission on Systemic Racism in the Ontario Criminal Justice System (1995)
By: Margaret Gittens, David Cole, Toni Williams, Moy Tam, Ed Ratushny, Sri-Guggan Sri-Skanda-Rajah
[Ontario Systemic Racism Report]
Online (pdf): https://ia600303.us.archive.org/6/items/reportracismont00comm/reportracismont00comm.pdf
In 1992, the Government of Ontario established the Commission on Systemic Racism in the Ontario Criminal Justice System. The Commission examined the police, courts, and correctional institutions to inquire about the extent to which the criminal justice system reflected systemic racism in Ontario. The Commission conducted consultations, interviews, and empirical studies before releasing its report in 1995. The report provided a broad range of findings including the overrepresentation of Black people in prison, the underrepresentation of Black and racialized persons in the justice system, racial discrimination in police charging, and disparities in sentencing.
The Commission’s report highlighted community policing as an alternative solution. The report described effort as a partnership between the police and the community, emphasizing peacekeeping, problem-solving and crime prevention. However, the report noted that members of Black and other racialized communities feel excluded from cooperative partnerships with the police and are concerned that racial equality is not a part of the community policing agenda. The report provided nine recommendations aimed to improve the delivery of community policing, including establishing local committees and actions plans, alongside a complaints system.
The Commission provided numerous other recommendations ranging from:
- enhancing public accountability of prison practices and publishing guidelines
- consulting with racialized communities on revisions to the Crown Policy Manual
- establishing a pilot correctional legal clinic through the Ontario Legal Aid Plan
- diversifying juries through the use of the Ontario Health Insurance Plan database
- amending the Police Services Act to expand the Special Investigation Unit.
Paying the Price: The Human Cost of Racial Profiling (2003)
By: The Ontario Human Rights Commission
[OHRC: Paying the Price Report]
Online (pdf): https://www3.ohrc.on.ca/sites/default/files/attachments/Paying_the_price%3A_The_human_cost_of_racial_profiling.pdf
In 2003, the Ontario Human Rights Commission (OHRC) launched an inquiry into the effects of racial profiling on individuals, families, communities and society as a whole. The objective of the inquiry was to provide an analysis of how communities are affected by racial profiling and provide a way for persons who have experienced profiling to express how they were impacted. Through these experiences, the OHRC sought to raise public awareness of the harmful effects and social cost of racial profiling. These impacts include detrimental effects on institutions such as the education system, law enforcement, and other service providers, as well as economic loss. The report informed the OHRC’s policies and interpretations of the Human Rights Code regarding racial discrimination.
In its report, the OHRC proposed recommendations to address racial profiling through actions aimed at raising awareness and mobilizing public action. The OHRC intended to apply these recommendations to all organizations and institutions where racial profiling may arise. These recommendations included actions such as:
- establishing a racial diversity secretariat
- developing organizational policies, practices, and training around racial profiling
- acknowledging racial profiling and adopting a zero tolerance policy
- creating ongoing consultations with communities to facilitate solutions
- collecting data to monitor and identify measures to combat racial profiling.
Police Use of Force in Ontario: An Examination of Data from the Special Investigations Unit, Final Report (2006)
By: Scot Wortley
[Wortley: Use of Force 2006 Report]
African Canadian Legal Clinic for submission to the Ipperwash Inquiry at 37 at 6–12 and 37, online (pdf): http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/policy_part/projects/pdf/AfricanCanadianClinicIpperwashProject_SIUStudybyScotWortley.pdf
In conjunction with the Ipperwash Inquiry into the death of Indigenous protester Dudley George, Professor Scot Wortley of the University of Toronto prepared a research project for submission on behalf of the African Canadian Legal Clinic. The report focused on police use of force in Ontario, particularly against racial minorities, and it attempted to address gaps in Canadian research. By analyzing data from the province’s Special Investigations Unit, outlining a literature review, and meeting with leaders of Toronto’s Black communities, the report found evidence of racial bias in police use of force. Specifically, Black and Indigenous people were highly overrepresented in SIU investigations despite comprising only a small percentage of the overall Ontario population.
The report also contributed strategies for controlling police use of force and reducing racial bias in police decision-making. These strategies include:
- introducing use-of-force policies with organizational support
- expanding reporting requirements for any use-of-force incident
- increasing diversity and recruitment screening procedures
- reinforcing training for non-lethal tactics and anti-racism training
- implementing early warning systems for officers with high incident rates.
The Review of the Roots of Youth Violence (2008)
By: The Honourable Roy McMurtry and Dr. Alvin Curling
[McMurtry Youth Violence Report]
Following the fatal shooting of a high school student, former Ontario Premier Dalton McGuinty appointed the Honourable Roy McMurtry and Dr. Alvin Curling to conduct an analysis of the underlying issues of youth violence. Through research and consultation, the review identified multiple risk factors exacerbating youth violence, such as poverty, racism, family issues, and issues in the youth justice system among others. These risk factors were widespread and interconnected. In particular, the review found an excessive reliance on the justice system for minor, non-violent matters resulting in over-criminalization of the youth population. Additionally, the review highlighted that interactions between police and youth, particularly racialized youth, were characterized by undue aggression.
The review provided a number of recommendations aimed at the structural and contextual factors intensifying youth violence. These recommendations were organized under four pillars: a repaired social context; a youth policy framework; a neighbourhood capacity and empowerment focus; and integrated governance. In the criminal justice context, the review recommended establishing a Youth Justice Advisory Board and taking steps to reduce over-criminalization of Ontario youth compared to those in other large jurisdictions.
A Matter of Life and Death: Investigation into the direction provided by the MCSCS to Ontario’s police services for de-escalation of conflict situations (2016)
By: The Office of the Ombudsman of Ontario
[Ombudsman 2016 Report]
Online (pdf): https://www.ombudsman.on.ca/Files/sitemedia/Documents/OntarioOmbudsmanDeescalationEN_1.pdf
In 2013, following the fatal shooting of Sammy Yatim, the Ombudsman of Ontario launched an investigation into the police’s de-escalation and use of lethal force training. The investigators reviewed the record of police-involved deaths in Ontario, provincial guidelines and directives on the use of force and training, as well as de-escalation theories and best practices domestically and internationally. In addition, the investigators conducted interviews with police officials, mental health experts, stakeholders, and affected families.
The Ombudsman found that use-of-force training is largely focused on the use of weapons with very little focus on communication tools to calm an individual who is armed and experiencing a crisis. Often use-of-force tactics exacerbated the mental state of an individual in crisis. The investigators also found that Ontario police officers receive limited basic training in comparison to other Canadian jurisdictions with little focus on testing for de-escalation techniques. After basic training, de-escalation training is left to the discretion of police services with no monitoring by the Province to ensure consistency between services. Moreover, the investigators found that police culture perpetuated the notion that fatal shootings of persons with mental illness are simply inevitable. In its report, the Ombudsman made 22 recommendations to the Ministry of Community Safety and Correctional Services. The recommendations ranged from addressing legislative guidelines and models, to training at all levels, to better tracking and assessment of police interactions with people in crisis.
Report of the Independent Police Oversight Review (2017)
By: The Honourable Michael H. Tulloch
[Tulloch Report on Police Oversight]
Online (pdf): https://opcc.bc.ca/wp-content/uploads/2017/04/2017-04-06-Report-of-the-Independent-Police-Oversight-Review.pdf
Commissioned by the Government of Ontario in 2016, the Honourable Justice Michael Tulloch began a review of Ontario’s three civilian police oversight bodies: the Special Investigations Unit (SIU), the Office of the Independent Police Review Director (OIPRD), and the Ontario Civilian Police Commission (OCPC). Justice Tulloch released a report in 2017, focusing on recommendations to improve the transparency, accountability, and effectiveness of these three bodies. These recommendations aimed to build public trust in law enforcement, ultimately increasing public safety. In addition, the report provided commentary on the role of police services boards serving as a vital component in civilian oversight.
Through public consultations and private meetings, Justice Tulloch found that virtually all stakeholders agreed that the current system for prosecuting public complaints was not working and failed to promote public confidence. The report issued made a number recommendations including:
- enhancing cultural competency training and diversifying oversight bodies
- expanding the SIU’s mandate to investigate incidents and publishing their reports
- establishing separate legislation for oversight bodies outside of the Police Services Act
- designing a demographic data collection regime to support decision-making.
Under Suspicion: Research and consultation report on racial profiling in Ontario (2017)
By: The Ontario Human Rights Commission
[OHRC: Under Suspicion Report]
Online: www.ohrc.on.ca/en/under-suspicion-research-and-consultation-report-racial-profiling-ontario
In 2017, the OHRC released its research and consultation report, describing the results of a 2015 survey on racial profiling. The OHRC approached the report by combining social science research with the lived experiences of affected communities. This included conducting an online survey, analyzing HRTO applications, conducting focus groups, and holding policy dialogue sessions. By connecting with various communities and stakeholders, the report presented diverse perspectives on the issue. In its findings, the report confirmed that racial profiling is a daily reality that damages communities and undermines trust in public institutions. Further, the report confirmed that racial profiling occurs in many other sectors beyond policing such as education, retail, child welfare, transportation, and national security among other areas. The report noted that participants commonly faced multiple experiences of racial profiling and in more than one sector.
As a result of the report, the OHRC determined it would take undertake a series of steps to address and prevent racial profiling. Specifically, the OHRC sought to develop policy guidance, enhance public education, collaborate with Indigenous communities, call for collection of race-based data, and modify its racial profiling definition based on participant perspectives. While these steps would be taken, the OHRC would also continue to launch inquiries and interventions with a focus on combatting racial profiling in the justice system.
Police Interactions with People in Crisis and Use of Force: OIPRD Systemic Review Interim Report (2017)
By: Gerry McNeilly
[OIPRD Systemic Review Interim Report]
Online (pdf):
After the shooting of Sammy Yatim in 2013 and numerous other public complaints, the Director of the Office of the Independent Police Review (OIPRD) decided to conduct a systemic review of the TPS’s use of force when dealing with persons in crisis. The review examined public complaints, complaint investigations, high-profile use-of-force incidents, and past reviews on similar issues. In addition, the OIPRD examined TPS policies, practices, and procedures regarding use of force and equipment, alongside officer training and best practices from other jurisdictions. The review also considered submissions from stakeholders and the public with relevant research and data. In 2017, the OIPRD issued its interim report to document relevant recommendations and stimulate informed discussions with the public and stakeholders, while outlining the next steps of the review.
The interim report documented a range of recommendations based on jury recommendations from a number of coroner’s inquests. These were informed by the Honourable Justice Iacobucci’s findings in a similar report. The recommendations included changes to the mental health system in Ontario, police culture and recruitment, the use of equipment and weaponry, police supervision, and the use-of-force model. Furthermore, the report included recommendations calling for the expansion of Mobile Crisis Intervention Teams. These teams are collaborative partnerships between participating hospitals and the TPS to respond to an individual’s mental health crisis and connect them with appropriate mental health services. Similar programs have been offered throughout Ontario. The interim report concluded that the systemic review would turn to focus on the extent to which the recommendations had been adopted and implemented by police services across the province. The review’s final goal was to identify best practices in policing with respect to persons in crisis.
Thunder Bay Police Services Board Investigation – Final Report (2018)
By: The Honourable Murray Sinclair
[TBPSB Sinclair Report]
Online (pdf):
https://tribunalsontario.ca/documents/ocpc/TBPSB_Investigation_Final_Report_-_EN-FINAL-1.pdf
Beginning in July 2017, former Senator Murray Sinclair undertook an investigation into the Thunder Bay Police Services Board (TBPSB). First Nations leaders from the Nishnawbe Aski Nation, Grand Council Treaty 3, and the Rainy River First Nations raised concerns about police oversight after a series of incidents of race-based violence against Indigenous peoples in Thunder Bay. The Ontario Civilian Police Commission retained Senator Sinclair to lead an investigation with a particular focus on the relationship between the Thunder Bay Police Service (TBPS) and the Indigenous community.
The final report identified that systemic discrimination against Indigenous peoples was a key issue within the TBPSB. Senator Sinclair reaffirmed that police services boards have a positive obligation to address allegations of systemic discrimination. The findings highlighted the Indigenous community’s experiences of racism and patterns of violence, resulting in distrust and fear of the police. Furthermore, the report found systemic issues in the policy and planning framework of the TBPSB, which impacted accountability and oversight mechanisms.
The report made 45 recommendations directed at various levels of the organization. The report recommended, among other things, that the Board:
- Appoint an administrator on an emergency basis while the Board is reconstituted.
- Develop a multi-year recruitment plan for the diversification of the TBPS.
- Develop a compulsory, standard orientation package with ongoing cultural awareness training sessions.
- Adopt principles of reconciliation and establish formal agreements with First Nations governance bodies.
Broken Trust: Indigenous People and the Thunder Bay Police Service (2018)
By: The Office of the Independent Police Review Director
[Broken Trust Report]
Online (pdf): http://oiprd.on.ca/wp-content/uploads/OIPRD-BrokenTrust-Final-Accessible-E.pdf.
In 2016, the Office of the Independent Police Review Director (OIPRD) initiated a systemic review of the Thunder Bay Police Services (TBPS). The OIPRD received a number of complaints in prior years about discriminatory conduct during TBPS investigations into the deaths of Indigenous peoples. The Director led a reviewing team to examine 37 investigations focusing on Indigenous deaths, interview 36 individuals from the TBPS, and facilitate meetings with Indigenous leaders and community members.
The OIPRD found that TBPS investigations were affected by racial discrimination and that systemic racism existed at an institutional level within the organization. The report stated that the failure to conduct adequate investigations was, in part, attributable to racist attitudes and racial stereotyping. The OIPRD also noted institutional biases in policies and practices, leading to organizational deficiencies in training and resources.
The report made 44 recommendations aimed at a range of issues, including:
- reinvestigating nine of the TBPS sudden death investigations reviewed by the OIPRD
- ensuring adequate staffing and resources in the General Investigations Unit and establishing a Major Crimes Unit
- re-evaluating missing persons policies and procedures upon review of the National Inquiry into Missing and Murdered Indigenous Women and Girls
- designing and implementing mandatory Indigenous cultural competency and anti-racism training.
Independent Street Checks Review (2018)
By: The Honourable Michael H Tulloch
[Street Checks Review Report]
Online: https://www.ontario.ca/page/report-independent-street-checks-review
In 2017, the Government of Ontario appointed the Honourable Justice Michael Tulloch to lead an independent review of Ontario’s Regulation 58/16 (O. Reg. 58/16) regarding streets checks, also known as carding. The scope of the review included an examination of the regulation’s content and an assessment of whether officers, chiefs, and police services boards were complying with it. Through extensive consultations and written submissions, the review found that random street checks have little to no verifiable benefits regarding the level of crime, and that many police services had discontinued the practice because of its lack of efficacy.
The review outlined several recommendations to improve the application of the O. Reg. 58/16. In particular, Justice Tulloch recommended that O. Reg. 58/16 expressly stipulate that its purpose or objective is to prevent arbitrary or random stops of individuals. The recommendations went on to further differentiate circumstances under which the police may attempt to collect identifying information from individuals by highlighting a key aspect of O. Reg. 58/16. Specifically, there is a distinction between investigating an offence, which is an exemption under the regulation, and inquiring into suspicious activities and general criminal activities, which fall under O. Reg. 58/16’s purview. In addition, the review also made recommendations on the training provided to any police officers attempting to collect identifying information. This included recommendations on how anti-bias and implicit bias training should be designed and implemented.
CANADA / INTERNATIONAL
Racial Profiling and systemic discrimination of racialized youth: Report of the consultation on racial profiling and its consequences (2011)
By: Commission des Droits de la Personne and des Droits de la Jeunesse
[CDPDJ: Racial Profiling Report]
Online (pdf): www.cdpdj.qc.ca/publications/Profiling_final_EN.pdf
Following its previous work in this area, the Commission des Droits de la Personne and des Droits de la Jeunesse launched a public consultation on racial profiling and its consequences with a particular focus on racialized youth from ages 14 to 25. The Commission found that it became apparent that youth are more likely to be targeted by racial profiling due to their use of public spaces, the attribution of certain stereotypes, and their propensity for anti-social behaviour. Furthermore, the Commission recognized that racial profiling persists in many sectors, but chose to focus its report to public services provided by institutions that play a key role in the lives of youth: public security, the education system, and the youth protection system.
Through extensive consultation and research with affected communities and stakeholders, the Commission developed recommendations targeting each sector to prevent and eliminate racial profiling. This included developing relevant policies and actions, initiating data collection regimes, and creating anti-racism training. In the public security sector, the Commission also recommended actions such as:
- reviewing policies to reduce disproportionate deployment of police resources
- reviewing policies on implicit biases while investigating gang-related activities
- amending the Police Act to prohibit actions linked to racial profiling
- developing policies prohibiting racial profiling linked to verifying transit fare payments
- establishing anti-profiling watch committees with civil society and city council
- amending the Police Act to establish a Special Investigations Bureau for incidents involving officers that result in death or life-threatening injuries.
Investigation of the Ferguson Police Department (2015)
By: U.S. Department of Justice Civil Rights Division
[DOJ: Ferguson Report]
Online (pdf): www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf
In 2014, the Civil Rights Division of the US Department of Justice opened its investigation of the Ferguson Police Department (FPD). The investigation revealed a pattern or practice of unlawful conduct within that department that violated the U.S. Constitution and federal statutory law. The investigation included various interviews, on-site reviews, data collection, analysis of police records, and engagement with the local community. The resulting report found clear racial disparities that adversely impacted African Americans and that the evidence showed discriminatory intent behind these disparities. As a result, there is deep mistrust between the community and the police department, which undermines law enforcement legitimacy. Furthermore, the report highlighted that Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs, contributing to the pattern of unconstitutional policing.
The report laid out a number of broad recommendations to the FPD to correct the constitutional violations identified in the investigation. Among those recommendations are calls for increases in training, civilian oversight, and employment equity. The report also recommended:
- implementing a robust system of community policing initiatives
- amending stop, search, ticket, and arrest practices and provisions
- increasing tracking, review, and analysis of FPD stop and search practices
- encouraging de-escalation and minimal use of force through reporting and reviews
- implementing policy and training to respond to physical and mental health crises
- reducing youth criminalization through alternative programs.
Investigation of the Baltimore Police Department (2016)
By: U.S. Department of Justice Civil Rights Division
[DOJ: Baltimore Report]
Online: www.justice.gov/crt/file/883296/download
In 2016, the Civil Rights Division of the U.S. Department of Justice (DOJ) released its report after opening an investigation into the Baltimore Police Department (BPD). The DOJ opened an investigation at the request of the City of Baltimore and BPD, after finding an unlawful pattern or practice of conduct, violating the U.S. Constitution and federal law. By conducting interviews, facilitating consultations, reviewing police policies, and analyzing data, the DOJ identified four groups of deficiencies:
- unconstitutional stops, searches, and arrests
- disparities in rates of stop and search practices against African Americans
- unreasonable use of excessive force, particularly against individuals with mental health disabilities and youth, and
- retaliation against people engaging in constitutionally-protected expression.
The DOJ presented these deficiencies with general recommendations. These recommendations included actions such as updating policies, establishing robust training programs, and reorganizing infrastructure and capacities. The report recommended community policing as a proactive policing strategy for the BPD to embrace. In its investigation, the DOJ highlighted the department’s failure in consistently administering community engagement. The report found that embracing community policing would require the BPD to change its training, principles, policies, and conceptual understanding of its role in the community.
The Civil Rights Division’s Pattern and Practice Police Reform Work, 1994– present (2017)
By: U.S. Department of Justice Civil Rights Division
[DOJ: Pattern and Practice Report]
Online: https://www.justice.gov/d9/pages/attachments/2017/01/04/police-reform-report-2017.pdf
The Civil Rights Division (Division) of the U.S. Department of Justice (DOJ) released a report outlining the structure of its pattern-or-practice investigations and their implementation in police reform. The DOJ described pattern-or-practice investigations as a central tool “for accomplishing police reform, restoring police-community trust, and strengthening officer and public safety.” Through detailed explanation of the Division’s approach to investigations, the report aimed to provide accessibility and transparency to its police reform work. The report also illustrates the Division’s model for sustainable reform, common threads among reform agreements, as well as the impact of current work and its future direction.
The report stated that the Division begins pattern-or-practice cases by launching a formal investigation into a law enforcement agency to determine whether the agency is engaged in a pattern or practice of policing which violates the Constitution and federal law. The investigations typically include a comprehensive analysis of the policies and practices of policing in a particular community and focus on systemic police misconduct. If the allegations of misconduct are substantiated, the Division issues its findings in a public report. After this release, the Division negotiates reform agreements, usually in the form of consent decrees, which are overseen by a federal court and an independent monitoring team. These agreements focus on institutional reforms such as improving policies, training, equipment, data collection, and accountability. Once a law enforcement agency has accomplished and sustained the requirements of the reform agreement, the case is finally terminated. Throughout the process, the Division emphasizes engagement with community groups and stakeholders.
Report of the Working Group of Experts on People of African Descent on its mission to Canada (2017)
By: The United Nations General Assembly – Human Rights Council
[UN: Working Group Report]
Online (pdf): https://digitallibrary.un.org/record/1304262/files/A_HRC_36_60_Add-1-EN.pdf?ln=en
By invitation from the Government of Canada, the Working Group of Experts on People of African Descent undertook a mission to Canada in October 2016. The experts met with federal and provincial government officials and their departments. In addition, the experts met with numerous civil society organizations and stakeholders. In their report, the experts found that while Canada had measures to promote diversity and inclusion, it had not introduced special measures for African Canadians. The report noted this absence in light of the disparities, discrimination, and systemic anti-Black racism faced by African Canadians in the enjoyment of their social, economic, and cultural rights. The report highlighted these disparities in various sectors including the criminal justice system, education, health, housing, and employment. The Working Group recognized that these disparities often resulted in multiple and intersecting forms of discrimination.
While the Working Group welcomed Canada’s efforts in addressing racial discrimination, the report emphasized the Group’s concern about the issues of structural racism and systemic anti-Black racism in Canadian institutions. In particular, the Working Group was concerned about the lack of race-based data and the practice of racial profiling disproportionately affecting people of African descent. Furthermore, the Working Group was concerned about the excessive use of force and police-involved deaths involving vulnerable people of African descent. The report issued a number of recommendations including:
- creating a national department of African Canadians to develop policies
- implementing a nation-wide mandatory policy on collecting disaggregated, race-based data
- eliminating the practice of carding, street checks, and all forms of racial profiling
- auditing police services periodically
- diversifying recruitment in law enforcement and providing unconscious bias training.
Police Violence Against Afro-descendants in the United States (2018)
By: The Inter-American Commission on Human Rights
[IACHR: Police Violence Report]
Online (pdf): https://www.oas.org/en/iachr/reports/pdfs/PoliceUseOfForceAfrosUSA.pdf
The Inter-American Commission on Human Rights (IACHR) undertook an examination of the structural discrimination against African Americans in the United States, as well as the racial disparities in policing and the criminal justice system. Following recent years of high-profile cases, the IACHR raised concerns about the United States’ international human rights obligations. The IACHR drafted this report under its mandate to monitor and promote human rights in the Member States of the Organization of American States (OAS). Through several public hearings held since 2014, the IACHR gathered information from the State, civil society organizations, and victims of police violence. In addition, the IACHR reviewed public reports and visited Florida, Louisiana, and Missouri in 2015. The IACHR considered that the history of enslavement and segregation in the U.S. has continuing repercussions on human rights for African Americans. In this light, the IACHR analyzed numerous issues including over-policing, racial profiling, and excessive use of force.
In its report, the IACHR outlined the United States’ positive obligation to adopt measures to build an inclusive society free from all forms of racial discrimination, and called for steps to modify the culture of policing and dynamics between the police and African Americans. The report highlighted that some of these issues may amount to violations of international law such as excessive use of force amounting to cruel, inhuman, or degrading treatment. The IACHR emphasized that the U.S. must take a transformative approach to redress the underlying inequality and ongoing context of racial discrimination. The report proposed recommendations including:
- funding and undertaking studies on racial discrimination in the U.S.
- mandating the monitoring, oversight, and investigation of possible human and civil rights violations by State actors
- creating independent ombudsperson offices at the state and local levels
- establishing a federal database to track incidents involving police use of force by all law enforcement agencies.
Halifax, Nova Scotia: Street Checks Report (2019)
By: Scot Wortley
[Wortley Street Checks Report]
Online (pdf): https://humanrights.novascotia.ca/sites/default/files/editor-uploads/halifax_street_checks_report_march_2019_0.pdf
The Nova Scotia Human Rights Commission enlisted the expertise of Dr. Scot Wortley, following the release of a report from the Halifax Regional Police (HRP) on race and police “street checks” in 2017. Dr. Wortley was commissioned to conduct an inquiry into the relationship between race and police street checks in the Halifax region by analyzing data collected over 12 years. The inquiry also included a series of consultations with Nova Scotia’s Black community, findings from a community survey, and consultations with police officials. Dr. Wortley released his report based on these findings and provided recommendations on the regulation and/or suspension of police street check practices.
In his report, Dr. Wortley analyzed data collected by both the HRP and the Royal Canadian Mounted Police (RCMP) from January 1, 2006 to December 31, 2017. The analysis revealed a number of disparities, including that Halifax had a relatively high street check rate when compared to other Canadian jurisdictions. Most notably, between 2006 and 2012, Black civilians were five times more likely to be subject to a street check despite making up less than 4% of the population. Based on these findings, Dr. Wortley proposed recommendations which included banning street checks and restricting officers’ access to historical street check data. Alternatively, if no ban was implemented, Dr. Wortley proposed developing regulations to govern the use of street checks that are consistent with the HRP Code of Ethics and the Nova Scotia Human Rights Code.
Systemic Racism in Policing in Canada – Report of the Standing Committee on Public Safety and National Security (2021)
By: The House of Commons and Standing Committee on Public Safety and National Security
[Standing Committee: Systemic Racism Report]
Online (pdf): https://www.ourcommons.ca/Content/Committee/432/SECU/Reports/RP11434998/securp06/securp06-e.pdf
In 2021, the House of Commons Standing Committee on Public Safety and National Security (Committee) released a report outlining the pervasive nature of systemic racism in policing and calling for a transformative national effort to prevent such discrimination. The Committee held numerous hearings to capture testimony from representatives of racialized communities, academics, and Canadian police officials. These testimonies described over-policing and under-policing, overrepresentation in criminal justice systems, and intersections between race and mental health. The Committee found that greater accountability, transparency, oversight were critical, along with the collection of race-based data. The Committee also heard calls for changes to the structure and governance of the Royal Canadian Mounted Police (RCMP), improvements in diversity within police services, and reforming the “toxic” culture within the RCMP.
As a result of these hearings, the Committee issued 42 recommendations within its report aimed to fundamentally reform Canadian policing to ensure it is free from racism and other forms of discrimination. These recommendations include among other things:
- strengthening the mandate of the Civilian Review and Complaints Commission of the RCMP
- collecting and publicizing disaggregated race-based data
- creating a National Police College through public consultations to provide training and education for bias-free training
- transitioning the RCMP to a police service model with civilian oversight through a national oversight board and a legislated mandate
- ending contract policing with the RCMP and establishing provincial/territorial police services.