Street Checks and Bias- Free Policing
Date: June 3, 2020
Classification: UNCLASSIFIED
Branch/Agency: RCMP
Issue:
In November 2019, the Chief of the Halifax Regional Police acknowledged the damage done to the African Nova Scotian community by street checks, and issued an apology.
Proposed Response:
- The RCMP’s current policy outlines that street checks may only be conducted for incidents relating to police and public safety, for an articulable reason, and under appropriate circumstances, such as face-to-face interactions with persons known to be, or reasonably believed to be involved in criminal activity.
- The review of the RCMP’s policies and procedures regarding street checks by the Civilian Review and Complaints Commission is still underway; therefore, any potential decisions on policy would follow the conclusion of the review.
- The RCMP constantly reviews and updates its policies, procedures and training to address identified gaps, and to ensure the RCMP remains a proactive and responsive police service.
- In any interaction with the public, officers are guided by the RCMP’s Bias-Free Policing Policy, which is based on the principles of equality and non-discrimination.
If pressed:
The RCMP does not target any individual or group based solely on their racial, ethnic or religious background.
Background:
On November 29, 2019, Mr. Dan Kinsella, Chief of the Halifax Regional Police, delivered an apology, acknowledging the negative impact that street checks have had on the African Nova Scotian community in Halifax. The RCMP attended the apology as a gesture of solidarity.
In March 2019, an independent report on street checks in Halifax, Nova Scotia, prepared by Dr. Scott Wortley of the University of Toronto, highlighted how street checks disproportionately impact African Nova Scotians in Halifax.
The report includes 53 recommendations, some of which apply to the RCMP. Following the release of the report, in April 2019, Nova Scotia Justice Minister Mark Furey announced a moratorium on street checks. In October 2019, Minister Furey announced that the temporary moratorium on street checks will become permanent.
The Nova Scotia RCMP and Chiefs of Police have provided feedback to the Nova Scotia Department of Justice in relation to their Directive, as well as formal written concerns. In general, the concerns address the impact to policing in Nova Scotia and the potential consequences of the definition of street checks as outlined within the Wortley Report. The Nova Scotia RCMP issued a news release to provide an external update on the Wortley Report recommendations. Following the release, Halifax District RCMP conducted media interviews on the subject. The RCMP is committed to addressing the recommendations that apply, and will be doing so with input from the African Nova Scotian community as well as RCMP employees.
The Government of Ontario has passed legislation that will significantly restrict any street check program in the province, and the Province of BC is currently developing a street checks standard.
The RCMP is committed to ensuring safe homes and communities for all Canadians. Employees of the RCMP are committed to the unbiased and respectful treatment of all people.
The RCMP asserts that street checks are a valuable investigative tool that allows the storing and sharing of information related to crime and public safety issues. Street checks can be used to initiate and support investigations, and identify crime trends. The RCMP understands the need to maintain a balance between Canadian civil liberties and the necessity of police operations. The RCMP does not randomly and arbitrarily collect identifying information on citizens. Appropriate use of street checks is well defined in RCMP training and policy.
The RCMP Street Checks Policy outlines the types of incidents where the recording of information obtained during interactions with the public is appropriate. This policy outlines criteria to be met in order for a common police/public interaction to be electronically recorded for intelligence purposes, including: when an officer has observed suspicious circumstances; when an officer has observed a person(s) at high crime areas; when an officer has interacted with persons known to be, or believed to be, involved in criminal activity; when gathering information on drug, gang or organized crime suspects; and other legitimate public safety reasons. The Policy allows members to make the determination of voluntariness based on the totality of the circumstances of their interaction with an individual. The Civilian Review and Complaints Commission for the RCMP is currently reviewing the RCMP’s policies and procedures regarding street checks; therefore, any potential decisions on policy would follow the conclusion of the review.
Bias-free policing means equitable treatment of all persons by all RCMP employees in the performance of their duties, in accordance with the law and without abusing their authority regardless of an individual’s race, national or ethnic origin, colour, religion, gender, sexual orientation, marital status, age, mental or physical disability, citizenship, family status, socio-economic status, or a conviction for which a pardon has been granted. Pursuant to the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, sec. 37, RCMP Act and sec. 48, RCMP Regulations, RCMP members will provide equitable policing services to all people, while respecting diversity.
Contacts:
Prepared by: Konrad Roberts, A/Senior Policy Analyst, Contract and Indigenous Policing, RCMP – 343-542-2628
Approved by: Brian Brennan, Deputy Commissioner, Contract and Indigenous Policing, RCMP – 613-843-4632
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