Carding (police policy)

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 for an unspecified period.^[2] The Peel Regional Police employ a similar practice, known as a “street check” and that any personal information gathered from an individual in a street check can be entered into a database that Peel police maintains.^[3]

Scope

The PACER report indicates that from 2009 to 2011, there were 1,104,561 persons entered into the Field Information Report (FIR) database.^[4] In 2009 the Vancouver Police Department made 11,507 entries for street checks into the BC PRIME database.^[5] 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.^[6] 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,^[7] records of these activities were recorded in the service's NICHE database.^[8] 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 .^[9]

Controversy

Opposition to carding is widespread, with testimony and a news organization investigation indicating it primarily targets black persons.^[10] The Law Union of Ontario has submitted that in its current form, the practise of carding implements a systematic violation of people’s Charter rights, human rights, and privacy rights.^[11] The Office of the Ontario Ombudsman believes the practice of carding is illegal.^[12]

Oversight

There is an ongoing debate around what ability police boards have to influence carding operations:^[13]

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 practises as it pertains to policy around Community Street Checks.^[14] 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,^[15] but the Chief Jennifer Evans said she will not follow their recommendation.

Regulation

On June 16, 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:^[16]

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

On October 22, 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:^[17]

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.

References

^ "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.
^ ^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.
^ 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.
^ "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.
^ "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.
^ 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.
^ 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.
^ "2010 Annual Report" (PDF). Hamilton Police Service. Retrieved July 25, 2015. Implemented Street Check and entry of PONS directly into Niche for ACTION
^ 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%.
^ 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.
^ "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.
^ "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.
^ 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.
^ "Hamilton Services Board Agenda Sept 24th 2015" (PDF). Hamilton Police Services Board. Retrieved 2015-10-06. The Board request an information report on best practises as it pertains to policy around Community Street Checks.
^ "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.
^ "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.
^ 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...