In this issue:
1. No surprises with race data
2. Police and charter breaches
3. A serious challenge to Professional Standards
4. Time to end strip searches?
Toronto Police Accountability Bulletin No. 139, June 23, 2022
This Bulletin is published by the Toronto Police Accountability Coalition (TPAC), a group of individuals and organizations in Toronto interested in police policies and procedures, and in making police more accountable to the community they are committed to serving. Our website is www.tpac.ca
***
In this issue:
1. No surprises with race data
2. Police and charter breaches
3. A serious challenge to Professional Standards
4. Time to end strip searches?
5. Subscribe to the Bulletin
***
1. No surprises with race data
On June 16, Chief James Ramer released data from 2020 regarding police activities and race. See https://www.tps.ca/race-based-data-collection/2020-rbdc-findings/
Blacks were 2.2 times over-represented in police enforcement actions; Indigenous 1.5 times over-represented; and Middle Eastern 1.3 x over-represented. Blacks were 1.6 times over-represented in police use of force; Asian 1.2x; Middle Eastern 1.2x; Latino 1.6x. Indigenous were under-represented.
Those over-represented in police use of force were more likely to experience a higher use of force by police. Blacks were 2.3 times more likely to have a police gun pointed at them than Whites.
There’s little surprise at this information. Black and other racialized advocates and community members have complained about treatment by police for decades. The data confirms those complaints, and the findings of many prior reports and studies.
Police Chief James Ramer apologized, saying: “The release of this data will cause pain for many. Your concerns have deep roots that go beyond the release of today’s report. We must improve; we will do better…. Some say we could have and should have acted earlier even without data. I assure you that we are now fully engaged and we have a way to measure the success of our efforts to eradicate racism. ... As an organization we have not done enough to ensure that every person in our city receives fair and unbiased policing and for this, as chief of police and on behalf of the service, I am sorry and I apologize unreservedly.”
Black scholar and activist Beverly Bain immediately responded: “You’re not apologizing to the Black community, you’re apologizing to your rank and file. You talk about it being a painful and a hurtful process to your police officers, but this is insulting to Black people. This is insulting to Indigenous people. This is insulting to racialized people. This is insulting to the homeless, to those of us who are queer and trans.”
The Toronto Police Association representing police officers, called the report “disappointing.”
Chief Ramer concluded with 38 recommendations which re-iterate the approach usually taken by the police to criticism: more training is needed, better reporting, better policies. He claims that two thirds of those recommendations have been already fully or partially implemented.
The chief also said that no disciplinary action would be taken against any officer as a result of this data. U of T professor Akwasi Owusu-Bempah, in a Globe and Mail Opinion piece, wrote: “As the chief pointed out, the service will not use the race-based data it collects to identify or discipline individual officers. To me this is nonsensical. In what world would we collect such vital information on the potentially troubling actions of individuals and then not use that very data to identify and perhaps discipline those individuals?
“A close read of the action items that accompany the release of this data reveals a heavy emphasis on training and a strong focus on data. What I don’t see are adequate measures to address individual (conscious and unconscious) and institutional racism. We have a modicum of transparency masquerading as police accountability. Toronto deserves better.” See https://www.theglobeandmail.com/opinion/article-its-not-enough-for-toronto-police-to-release-data-on-racism-they-have/
TPAC agrees with the criticisms that have been put forward. The so-called apology by Chief Ramer is another attempt to deflect true accountability and to commit to the practical steps that we know are required and that we have advocated for many years. The first step is to ensure that officers who engage in racism behaviour are disciplined. Without that change the practice will continue as it has for many years.
TPAC also believes other changes are required, including removing police from first response to people in crisis, implementing pre-charge screening, disarming most front-line officers, stop paying officers who are suspended, and much more. At the same time, money must be invested in the communities most impacted by violent and racist policing.
The Police Service Board met on June 22 to consider the Chief’s report and carefully avoided any talk or action on disciplinary action around racial discrimination. It approved recommendations by Mayor John Tory, which included, according to the Board’s media release,
* A declaration of its strong support for Chief Ramer to take all possible actions to address racial bias and individual acts of racism [that is, all possible actions except discipline]
* A reaffirmation of its commitment and support for the Board’s 81 Police Reform recommendations
* Directing the Chief to implement mandatory reviews by supervisors of body-worn camera footage and in-car camera system footage for all Use of Force incidents, and to initiate a disciplinary investigation where excess force is deemed to have potentially occurred [this is only about excessive use of force, as though any other use of force is acceptable]
* Confirming its support of the Chief plan to incorporate anti-racism and unconscious bias elements into scenario-based and dynamic training to simulate real-world conditions and to ensure that such training emphasizes and prioritizes de-escalation
Sadly, the police world continues on, the same as always, avoiding serious change to address systemic issues.
2. Police and charter breaches
In three fascinating articles beginning on June 9, the Toronto Star looked at charter breaches by police forces across Canada. It found that courts in reported decisions found 600 serious charter breaches by police in the last ten years. There is no formal system in Canada to notify a police services when a court has found that a police officer has violated the charter, although in some jurisdictions there are informal systems to sometimes report such breaches. The Star found officers who were unaware that a court had found them in breach of the charter.
The Star found that there were 94 serious charter breaches by Toronto officers that the Toronto chief of police was not aware of. Chief Ramer has stated the police will look into these cases.
The newspaper also found that few officers were disciplined for these breaches.
The articles are at https://www.thestar.com/news/investigations/police-rights-violations.html and
https://www.thestar.com/news/investigations/2022/06/09/canadian-police-forces-systemic-charter-violations.html
These articles make clear that the lack of systems to ensure police are aware of how their actions are repudiated by the courts shows a serious lack of accountability. Strong systems must be put in place without delay to ensure that police are informed of court decisions which involve them directly.
3. A serious challenge to Professional Standards
The person who heads the Professional Standards branch of the Toronto Police Service is in a significant position. As the police web site states, “The unit is charged with the responsibility of promoting and supporting professionalism throughout the organization, which includes the practices, conduct, appearance, ethics & integrity of its members to strengthen public confidence, and co-operation within the community.”
Among other things, Professional Standards is responsible for managing the Professional Standards-Investigative Unit, the Professional Standards-Risk Management Unit and Legal Services; administering the awards program for police officers; and liaising with the Special Investigations Unit (SIU).
Rick Shank was appointed the head of Professional Standards branch by the Police Service Board on February 25, 2021. The qualifications for the appointment included career history, education, awards and significant contributions to the Service and the community. Candidates for the appointment were interviewed by a panel comprised of Chief James Ramer, Deputy Chief Peter Yuen, Deputy Chief Shawna Coxon, A/Deputy Chief Myron Demkiw, Chief Administrative Officer Tony Veneziano and Chief Information Officer Colin Stairs. The panel recommended Mr. Shank’s appointment.
Shank has a troubling history with the Toronto police service. On April 20, 1993, Shanks killed 21-year-old Ian Clifford Coley, a Black man, with two shots to the chest. Shanks was absolved of any wrongdoing by the SIU.
On March 30, 1997, Shank killed 31-year-old Hugh Dawson, an unarmed Black man who was sitting at the steering wheel of his car and strapped down with the seatbelt. Shank fired a total of nine bullets into Hugh’s body. It was reported that firearm’s examiner Michael Clarke revealed at the trial that the “muzzle of the pistol was about one to three inches from Dawson when it was fired, leaving powder burns on his clothing”. The police claimed that Dawson grabbed Shank’s and another officer’s guns, but Dawson’s fingerprints weren’t found on the guns in question.
The report recommending the appointment of Shank states that `a check of internal sources, including Professional Standards, Diversity & Inclusion, Legal Services and Labour Relations, reveals no historic or current information on file indicating that the officer should not be recommended for promotion.’
The fact Shank holds such a prominent position makes a very strong statement about the power of police culture within the Toronto police service. Culture is what happens in the real life of an organization in spite of any policies that organization might have. Police might talk a good line about stopping racism, but as the appointment of Shank reveals, in real life that talk means nothing. It also sends a very strong message to the Black community about how they should fear interactions with Toronto police.
4. Time to end strip searches?
Monika Lemke, a member of the TPAC steering committee, has written a recent article about the need to end strip searches. She notes that they are demeaning, unnecessary, ineffective, and that they target racialized community. It is long past time that they stop. See https://theconversation.com/strip-searches-are-ineffective-unnecessary-and-target-racialized-canadians-185187
5. Subscribe to the Bulletin
To subscribe or unsubscribe to this Bulletin, please send a note to info@tpac.ca with the instructions in the subject line or in the text of the message. Our e-mail list is confidential and will not be made available to others. There is no charge for the Bulletin. Our website is http://www.tpac.ca .
- end -