Can Racial Profiling be Eradicated in Montreal?

A couple months ago, a Quebec Superior Court ordered a new trial for Joel Debellefeuille, who refused to show identification when stopped by Montreal police. The police report pointed out “reasons” for the stop including the fact that the car belonged to a man by the name of Debellefeuille but the person they had stopped was a black man who did not “correspond at first sight to the owner”. The report also stated that Debellefeuille sounded like a Quebecois family name and not a name of another origin. Finally, the intercepting officer specifically wrote that the primary reason he stopped Debellefeuille was because of his race.

Cases like this one - coupled with the fact that in the first half of 2011 they received 10 complaints against the Montreal police force for racial profiling – caused the Quebec Human Rights Commission to create a report with 93 recommendations to address racial profiling and discrimination in Quebec.

As a result, Mayor Gérald Tremblay and Montreal police chief Marc Parent have outlined a ‘zero tolerance’ policy surrounding racial profiling with the goal of having a better understanding of vulnerable groups in society. The proposal calls for equal access to jobs, housing and social programs as well as monetary aid from the Province to help fight poverty and the resulting issues that arise from it.  The Mayor also stresses the responsibility that the public has in making Montreal a more tolerant community. At a press conference on the new initiative, Mayor Tremblay spoke of Montreal as an example of multiculturalism and stressed that, “Profiling in any shape or form is unacceptable”.

However, there is valid concern that the plan, press conferences and statements, however well intentioned, will end up simply being symbolic and ignoring both the root causes of profiling while also failing to provide consequences for when it occurs. For instance, Fo Niemi, director of the Centre for Research Action on Race Relations commented on the policy stating that, “The real skepticism lies in the position of the Police Brotherhood Union on racial and social profiling, and how it will work with the police management team to equip all officers with better management skills to police a diverse city. To date, the position is not clearly articulated where the plan of action is concerned.”

Niemi says that two recommendations specifically would have an immediate impact. First, that Montreal police revise the tactics being used by their anti-gang unit, which, he says, has been known to target young black men as being suspected of being gang members. The second is that Montreal police alter their policies regarding incivilities, which can include any public conduct deemed to be uncivil such as talking loudly, jaywalking or spitting in the street. The willingness of police to stop and fine people for these actions give them the leeway to go after a broad range of people as they choose.

The effectiveness of the ‘zero tolerance’ policy will depend on willingness at all levels of policing to keep an open mind and implement true changes that are meant to reach the root cause, not to quell negative press. What seems to be lacking are any concrete plans on how these police officers will be trained to think different about minority populations. Do these elected officials truly believe that years of inherent biases can be eradicated simply by stating that they are inappropriate? What would the most important changes be in trying to rid policing of racial bias and profiling? Similarly, what would the appropriate penalties even be for officers that participate in profiling, whether intentional or not?

Posted by Melissa Crowley (Windsor Law II)

Not just a ‘wake-up’ call for Quebec

The recent report on Racial Profiling and Systemic Discrimination of Racialized Youth by Quebec’s Commission des Droits de la Personne et des Droits de la Jeunesse (Commission for Human Rights and the Rights of Youth) has received substantial praise from experts, authorities and community members since its release on March 25, 2011.

This report is the product of months of public hearings, at which seventy-five individuals, including researchers, community members, and representatives from various organizations and institutions, gave testimony, presented research, and offered analysis on racial profiling in Quebec’s public services. The Commission’s purported aim in this fact-finding mission was to ‘find solutions, not assign guilt’ in regards to racial profiling in Quebec’s Public Security Sector, Education Sector, and Youth Protection System.

In relation to the Public Security Sector, the Commission specifically recognized that “numerous studies have demonstrated that security forces, and notably the police, tend to scrutinize and suspect racialized minorities more often, without factual or valid grounds, and punish them disproportionately in the application of laws and by-laws”[Report, p.10]. With this in mind, the Commission explored an impressively broad range of topics relating to racial profiling in the context of policing and public safety. Firstly, the Commission examined “targeted scrutiny of racialized minorities”, including: racial profiling in the context of the fight against criminality and street gangs, the fight against incivility and the discretionary application of municipal by-laws, under-protection of racialized persons by the police, recognition and prohibition of racial profiling in laws and policies, data collection, supervision of police actions, and partnerships and accountability; secondly, the Commission investigated “recourse available for citizens”, including: the Police Ethics Commissioner’s system, Criminal Investigations of police incidents involving severe injuries or death.

Evidently, there is a great deal to be garnered from the Commission’s findings and 93 recommendations, which include ‘sweeping changes’ to the Quebec Charter of Rights, the Police Act, the police code of ethics and calls for more sensitivity training and an increase in the hiring of minorities.

Overall, this report is certainly deserving of all the accolades it has received and the Commission should be commended for this groundbreaking endeavour.

Whether the recommendations come to fruition, and lead to improved policy, procedures, and legislation is, however, an entirely different question. It is not clear whether this report, like most policy reports, will be a catalyst for significant reform and ultimately alter the behaviour of individuals. However, there is no question that the very existence of this report is a step in the right direction, as is the Commission’s realization that individuals who have experienced racial profiling want “an increase in society’s awareness of what they experience, along with an acknowledgement of the need for change and the implementation of concrete actions”[Report, p.3].

It is imperative to recognize, however, that the Commission’s findings apply not only in Quebec; all of Canada stands to benefit from this report and all Canadians should take heed of the recommendations.

Specifically, all Canadians should take note of the Commission’s finding that there is a significant dearth of data on racial profiling, particularly in the Public Security Sector. According to the Commission, the Kingston Police Service’s systemic data collection project is the only one of its kind. This fact is distressing. Without proper data to outline the nature and breadth of racial profiling as a problem, we cannot devise effective solutions; accurate data is crucial to all efforts to end racial profiling. Furthermore, as highlighted by former Kingston Police Chief W.J. Closs, data collection has many incidental benefits. Collecting data helps individual police officers develop to a “self-critical” attitude, which will enable them to better identify their own biases [Report, p. 37]. Given the high value of data collection, one can only hope municipal police services in Quebec, and across the country, follow the Commission’s recommendations and start collecting and publishing data on racial profiling.

Moreover, Canadians need to acknowledge that racial profiling affects a great many people in our society on a daily basis. The prevalence of racial profiling is clearly demonstrated throughout this report, and is most succinctly expressed in the report’s preface by a few choice words from a mother in Montreal, who states it is “normal to get pulled over” and she regularly warns her children to avoid the police. This mother’s statements illustrate that racial profiling and, more broadly, discrimination on the basis of race, remain pressing issues for many Canadians.

Finally, it is important for all Canadians to recognize that ending racial profiling requires action be taken beyond the individual level. It is not enough to reprimand individuals after a complaint is filed, instead we must seek to prevent racial profiling before it occurs, and consequently systemic reform is essential.

The true impact of this report remains uncertain; it is unclear whether the Commission’s recommendations will receive due consideration in Quebec and throughout the country, or whether this report will simply gather dust on desks of civil servants. Whether the former or the latter occurs will depend to a large extent on the existence of progressive leadership within our public institutions. One can only hope that this report receives the consideration it deserves and the necessary reform follows; the development of policies, procedures and organizational structures that ensure all Canadians receive equal treatment when interacting with public services would certainly be worthy of praise.

Posted by Ashley Henbrey (Windsor Law II)

Internal Montreal Police report reveals degree of disproportionate stopping of Black youth

According to a story in the Montreal Gazette, an internal police study that examined 163,000 police files from 2001-2007 discovered that:

"Young black men in neighbourhoods such as Montreal North and St. Michel are far more likely to be pulled over than young white men. ... [R]oughly 40 per cent of the young black men in Montreal North and St. Michel were stopped or questioned by police, compared with roughly five per cent of young white males. ... [T]wo out of three young blacks questioned by police had no links to local street gangs. Forty per cent of those who were pulled over were not fined or charged with any crime or traffic violation."

In an editorial, the Montreal Gazette has called for action. See "Racial-profiling study demands action."

Quebec Human Rights Commission releases racial profiling consultation paper

Last week, the Quebec Human Rights Commission released a 37 page paper entitled Racial Profiling - Consultation Paper. It documents the racial profiling narratives it collected over 2 1/2 months in the fall of 2009. The Commission heard from over 50 community leaders, experts and individuals over this period.

It is a consultation document much like Paying the Price: The Human Cost of Racial Profiling prepared by the Ontario Human Rights Commission in 2003.

The paper sets the table for an inquiry the Commission has launched. Hearings are to begin in Montreal on May 26-27 and June 9 at the Grande Bibliothèque, 475 de Maisonneuve Blvd. E., to seek solutions to the problem. The Commission has invited individuals or groups to submit a brief by email -- profilage@cdpdj.qc.ca or by mail to the Commission des droits de la personne et des droits de la jeunesse at 360 St. Jacques St. W., 2nd floor, Montreal H2Y 1P5. Briefs must be received by May 12. For more information, call 514-212-9661 or email patrick.homier@cdpdj.qc.ca.

Quebec Human Rights Commission begins public consultation on racial profiling

This week, the Quebec Human Rights Commission commenced a public consultation on racial profiling. The aim of the consultation is to spark an open dialogue concerning the realities of the systemic problem, specifically among youth aged 14-25 that live in an urban setting. The consultation will seek to inform institutions of the presence of racial profiling, and also to create and implement solutions. The ultimate goal of the Commission is to “…inform and educate the majority, as well as recommending and facilitating the implementation of corrective measures.”

The Commission’s commitments to the public consultation are as follows:

a. The commission will speak openly and constructively about racism with organizations and institutions
b. The Commission will give victims of racial profiling an opportunity to be heard
c. The Commission will give public institutions and community organizations an opportunity to be heard and propose their solutions
d. The commission is committed to continuing its fight against racial profiling.

The consultation process has already begun and will proceed in three phases. Phase 1 will take place in the fall and winter of 2009, and will collect submissions from youth about their racial profiling experiences. Phase 2 will consist of public hearings aimed at developing solutions, as well as the publication of a consultation document developed from the public input. By the end of 2010, Phase 3 will be completed and the Commission will publish its final report with recommendations.

A similar undertaking was conducted by the Ontario Human Rights Commission. Following the public consultation, the Commission released its report Paying The Price: The Human Cost of Racial Profiling.

Posted by Ashley Paterson (Law II)