TORONTO — A judge who has reviewed the regulations in ontario in the field of police control “random” concludes that a police officer should not be able to query a citizen out in the street without reasons clearly defined.
The previous liberal government in Ontario had asked the judge Michael Tulloch to assess whether the rules about “random spot checks” were applied equally, without ethnic profiling. The new government of progressive conservative Doug Ford has already announced its intention to review these regulations, based on the findings of the judge Tulloch.
In its voluminous report, filed this week, the judge Tulloch, a former president of the Association of black lawyers of Canada, reminds us, first, that the misinformation and confusion over the years have led many people to believe that those routine checks were synonymous with” stop random ” based on ethnicity — including Aboriginals, Blacks and members of other racialized communities.
The judge Tulloch, of the Court of appeal for Ontario concludes that these random spot checks, which are part of a specific subset of routine checks, should be discontinued by the police because they have a disproportionate impact on racialized communities, and do not really fighting crime.
He maintains, moreover, that the routine checks non-random have a real value to investigators and should be allowed, as long as the police have a clear rationale to justify them. According to the judge Tulloch, he must first and foremost eliminate the widespread misunderstanding of the public around these routine checks — and the difference is, according to him, in the motives which guide the police.
“It is far better to use our limited resources to target individuals reasonably suspected of having committed an offence instead of using a workforce that is valuable to interview the thousands of people who are not reasonably suspected of anything “, was summarized by justice Tulloch on Friday, during a press conference.
The police Association of Ontario is pleased that the judge Tulloch supports the routine checks non-random. “As a police officer in service for over 35 years, I can truly attest to the value that this tool brings to an investigation, said the association’s president, Bruce Chapman, in a press release. That being said, the association has clearly indicated that its members have never supported and would never support it, the arbitrary detention or arrests based on ethnic profiling. “