Critics slam Edmonton police street check review

A prominent lawyer and an aboriginal leader are slamming a review in which Edmonton police concluded changes to street check practices are not needed.

"Who are they canvassing?" asked Tom Engel, chair of the Criminal Trial Lawyers Association's policing committee. "Are they canvassing the people who they've actually subjected to street checks? I doubt it."

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Engel said police are likely getting "targeted feedback" for their review, when they already know what the answers will be. Instead, he suggested the Edmonton police commission should survey those who have been stopped.

"Why not go to the people who are actually being subjected to them? I don't think they'll get that response."

On Friday, amid concerns of racial profiling, Insp. Dan Jones defended the more than 26,000 non-criminal street checks police say they conduct on average each year, where personal information is collected about Edmontonians.

Jones said police consulted with community advisers, some of whom were invited to to speak with the media and defended street checks, saying they were getting complaints.

'They said ... no one cares'

Lewis Cardinal, vice-chair of the Aboriginal Commission for Human Rights and Justice, questioned if the people police consulted adequately represent the indigenous community.

"You speak to a majority of indigenous people on the street, professional people now, who have experienced this sort of harassment," said Cardinal.

"When I ask them, 'Why aren't you reporting these things?' they said because nothing will be done and no one cares."

The Ontario government last week arrived at a much different conclusion than Edmonton police, moving to ban random and arbitrary carding.

The draft regulations also set strict limits on when and how a street check can be conducted.

They were unveiled after province-wide public consultations, and an online questionnaire that sought feedback from people, community groups, civil liberties organizations and police departments.

But the changes did not happen overnight. Ontario police forces have long defended carding, insisting as Edmonton police do that street checks are not random or biased, and help solve crime.

Police in both provinces say they do not keep track of stops by race, although that information is recorded.

Calls to end random carding

Over the past year, however, calls to end random carding picked up momentum in Ontario. The Ontario Human Rights Commission, the Ontario ombudsman and Safety Minister Yasir Naqvi spoke out against the practice.

Those calls were backed by statistics uncovered by news organizations that confirmed street checks disproportionately target black and brown young men.

On Friday, when asked to explain how Edmonton police are succeeding where Ontario police had not, Jones credited a local community-based policing approach, which looks to communities for answers.

He said patrol officers stop people for a "plethora of different reasons," depending on the situation, the time of day, or just gut instinct. Many stops are done to engage with the community, he said.

Edmonton police earlier told CBC a misperception about racial profiling could be due to street checks taking place in a neighbourhood disproportionately populated by certain racial groups.

But Engel said that is part of the problem.

"They'll say, 'Well we aren't targeting aboriginals,' but the effect is to target aboriginals," said Engel, noting many live in higher crime areas where street checks are oftencarried out.

"You want police to investigate crime, but you also want to respect fundamental human rights of citizens."

Alberta Justice Minister Kathleen Ganley has resisted pressure to follow Ontario's lead, saying she doesn't want to introduce regulations that would be "unduly restrictive."

Ganley said her office has contacted Edmonton police, RCMP and the Alberta Human Rights Commission to ensure best practices are being followed that "respect the diversity of this province." She pledged to treat complaints about street checks seriously.

But Engel said that doesn't ensure protection of civil liberties.

While Engel would like to see random street checks banned, he said police must at the very least be upfront about the reason, and make it clear that participation is voluntary.

Engel pointed to a case he defended last year involving an aboriginal man in which "a police officer drives his cruiser right up the sidewalk, parks it diagonally in front of him and then starts asking questions of this fellow."

The man believed he was not free to go and "that's a reasonable conclusion I would think. But that's an example of a street check," he said, addingmany Edmontonians being stopped would also believe they must co-operate.

Engel said a Supreme Court ruling makes it clear that detentions are any situation where "citizens on a reasonable basis" would think they are not free to leave. So if peopleperson being carded are not informed of their right to refuse, "that's a breach of a pretty fundamental right."

Engel said he is also concerned about those who choose to exercise their right to walk away, "because I'd be very surprised if any police officer is going to accept that challenge to their authority."

He added: "They'll come up with any reason. Then they'll detain him and search him."

Edmonton police dispute that, insisting if someone refuses to participate they are free to go.

And while they reject calls to inform people up front about their rights in all cases, the police service is partnering with Native Counselling Services to create a pamphlet to educate people about their rights.

@andreahuncar

andrea.huncar@cbc.ca