Ontario introduces new carding regulations; critics unimpressed

Ontario introduces new carding regulations; critics unimpressedAt the beginning of 2017, the Province of Ontario enacted a new regulation prohibiting police from requesting personal information arbitrarily, or based on an individual’s race or presence in a high-crime neighbourhood. The police’s practice of requesting personal information at random – known as “carding” or “street checks” – has been commonplace in Toronto and the Greater Toronto Region for years.
If you have questions about how the province’s new rule could affect you or a member of your family, contact the criminal lawyers at Nanda & Associate Lawyers today.
Ontario’s regulatory changes were made amid widespread criticism of carding from activist groups, criminal lawyers, and government officials at the provincial and municipal levels who allege that the practice disproportionately targets minority communities, especially in high-crime areas.
“These new rules protect the rights of people who are not under investigation while also laying the foundation between police and the public – relationships that can help police continue to solve and prevent crimes and keep our communities safe,” said Ontario Minister of Community Safety and Correctional Services, Kevin Flynn, in a release.
Under the new regulations, police officers will no longer be able to request identifying information while looking into suspicious activities, gathering intelligence, or investigating possible crimes. However, they will still be able to request information during traffic stops, while an individual is being arrested or is detained, while executing a warrant, or while investigating a specific crime.
Criticism
Few critics of Ontario’s carding policy have reacted positively to the province’s new rules, which many believe do not go far enough. Black Lives Matter Toronto, for example, has advocated for a universal, province-wide ban on the practice.
“Where these rules apply – and where they don’t – doesn’t change anything about carding,” Black Lives Matter Toronto co-founder, Sandy Hudson, told the CBC. “A police officer can always say they are investigating a particular crime. Our position is that the regulation doesn’t ban carding at all, but instead gives a roadmap as to what is an acceptable form of carding according to the province.”
Hudson’s sentiment was echoed by Akwasi Owusu-Bempah, an assistant professor in the University of Toronto’s Department of Sociology, in an opinion piece published by the CBC on January 18.
“While celebrated by some as the end of the discriminatory practice in the province, in reality, Ontario’s ban on carding isn’t really a “ban” at all,” Owusu-Bempah writes. “Rather, it’s a rule change that limits the types of situations wherein police can request information from members of the public.”
Owusu-Bempah sees the regulatory changes as “only one step to address discrimination in policing,” and he points out that they leave police with plenty of opportunity to continue carding.
Questions? Call Nanda & Associate’s criminal lawyers
If you or a member of your family has questions or concerns about Ontario law enforcement’s ongoing carding practices, feel free to contact the criminal lawyers at Nanda & Associate Lawyers today to discuss the province’s new regulations.

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