Racial profiling: an issue in Canada?

On February 12, 2004, Libby Davies, NDP Member of Parliament, introduced Private Member's Bill C-476." An Act to Eliminate Racial Profiling. The Bill would prohibit racial profiling, in particular by enforcement officers, and it would require the collection of data to determine whether officers have engaged in racial profiling. Why did Ms Davies introduce such a Bill? What is racial profiling? Is it an issue in Canada?

Several other officials have also taken up the cause. In 2003-2004, Senator Mobina Jaffer held hearings across Canada on racial profiling. On February 26, 2004, Senator Jaffer spoke to the Senate about how her husband was stopped at the Ottawa International Airport and questioned based on his appearance. In March 2004, the Minister of State for Multiculturalism and the Status of Women, Jean Augustine, opened a Conference on Racial Profiling Analysis and Best Practices, organized by the African Canadian Community Coalition on Racial Profiling. Also, in March 2004, the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, Doudou Diene, tabled a report that recognized that racism does exist in Canada. Finally, Deputy Prime Minister Anne McLellan indicated in April 2004 that a cross-cultural roundtable will be held to address the issue of security. Ethnocultural and religious communities will be provided with the opportunity to contribute to a discussion on "how to manage security interests in a diverse society."

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 final report, Paying the Price: The Human Cost of Racial Profiling (2003), reflected the increase in the public debate on the issue of racial profiling. This report focused on the impact of racial profiling.

The OHRC defines racial profiling as "... any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment."

Whether racial profiling is actually occurring has been debated. For example, in October 2002, the Toronto Star published a series of articles suggesting that the Toronto police were engaging in racial profiling. In response, the Toronto Police Service commissioned an independent review by a criminal lawyer and a University of Toronto sociology professor, who determined that the conclusion of the articles was completely unjustified. The Toronto Police Service then launched a $2.7 billion lawsuit for libel against the Toronto Star. In a review of the situation, Ron Melchers, in the July 2003 issue of the Canadian Journal of Criminology concluded that while it is "highly plausible" that there are differences in the treatment of groups according to rate, there could be other explanations for this difference. However, he noted that the "possibility of discrimination [could] not be excluded." Lawyer Alan Gold cautioned that anecdotal evidence of racial profiling speaks more to beliefs about it than facts, and can actually result in high social costs (Canadian Journal of Criminology and Criminal Justice, July 2003).

However, as noted by the OHRC, racial profiling is a form of racial stereotyping. We know that racial stereotyping and discrimination exist in Canadian society. Thus, it is bound to exist in our institutions, such as law enforcement agencies, educational institutions, the criminal justice system, etc., which are all microcosms of our broader society. Racial profiling is not just about police or customs officers making and acting on decisions about people because of their race; it is widespread in Canadian society. It exists on many levels: from the blatant to the systemic to the subtle. So, while we may not have good scientific evidence about racial profiling, we have clear anecdotal evidence, which is being acted upon across the country by our officials.

What are the effects of racial profiling? The OHRC indicates that there are many effects. These include

* significant impacts on children and youth, which could compromise their and our future;

* development of significant mistrust of our institutions (e.g., fear of the police);

* alienation and a diminished sense of citizenship;

* stress in minority communities;

* changes in behaviour (e.g., not driving an expensive car to avoid negative stereotyping that you area drug dealer);

* impact on human dignity, self-esteem, and self-worth;

* physical effects (e.g., being subjected to a body search); and

* economic effects (e.g., people avoiding businesses where they are profiled).

The OHRC commits a separate portion of the report to the particular impact of racial profiling on the Aboriginal community in order to reflect the significant differences in profiling experienced by that community.

Another possible effect of racial profiling is the false sense of security it brings. Kent Roach, a professor at the University of Toronto who specializes in Canadian constitutional law, recently said "[Racial profiling] is an inefficient way of targeting terrorism, in addition to it being discriminatory. It encourages people to stigmatize and stereotype people as criminal simply because of their color, where they were born, and how they worship." (Jason Gondziola, Alternatives, "Racial Profiling 101" February 1, 2003 http://www.alternatives.ca/article306.html)

The OHRC proposes a number of actions to be taken in order to address racial profiling. These are aimed at police services; members of the criminal justice system; all levels of the education system; the Canada Customs and Revenue Agency (CRA); private security companies; malls, stores, restaurants, bars, theatres and casinos; taxi companies; and airline and airport security.

It is clear that many Canadians believe that racism exists in Canada. It is being taken seriously by our officials. Ms Davies' Bill will probably not be passed as it is a Private Member's Bill, but it indicates the growing concern that many Canadians share about racial profiling and its impact on all of us.

Linda McKay-Panos, BEd, LLB, LLM is Executive Director of the Alberta Civil Liberties Research Centre in Calgary, Alberta. Thanks to Tam Nguyen for her research assistance.