OTTAWA POLICE SERVICES BOARD

COMMISSION DE SERVICES POLICIERS D’OTTAWA

 

Working together for a safer community

La sécurité de notre communauté, un travail d’équipe

REPORT

RAPPORT

 

DATE                              24 June 2013

 

TO/DEST.                       Chair and Members, Ottawa Police Services Board

 

FROM/EXP.                   Policy & Governance Committee

 

SUBJECT/OBJET         BOARD POLICY ON HUMAN RIGHTS AND

                                         RACIAL PROFILING

 

 

RECOMMENDATION

 

That the Ottawa Police Services Board approve the Human Rights and Racial Profiling Policy set out in Annex A.

 

BACKGROUND

 

In June 2009 the Ottawa Police Services Board signed Minutes of Settlement with the Ontario Human Rights Commission to resolve a complaint made about a member of the Ottawa Police Service (OPS).  One of the requirements of the settlement was the development of a policy for the Police Service that, among other things, would have the objective of preventing racial discrimination and racial profiling in police decisions.  In June 2011 the Ottawa Police Service adopted an operational policy on Racial Profiling to fulfil the requirements of the settlement. 

 

Although it was not required by the Minutes of Settlement, the Board believes it is important to demonstrate leadership and its own commitment to the prohibition of racial profiling by developing a governance-level Board policy to complement and support the OPS policy.  In keeping with a governance policy, it would provide high level direction to the Chief of Police about “what” the Board expects the Chief to have in place for the OPS, but it would not provide direction on “how” the policy requirements are to be implemented.  This reflects the fundamental separation of responsibilities between the Board and the Chief of Police as set out in the Police Services Act. 

 

Rather than focus solely on racial profiling, the Board chose to demonstrate a broader vision by expanding the scope of its policy to address human rights.  It made this decision because it views racial profiling as one important component within the broader context of human rights, and because the Board does not currently have a policy on human rights and believes it is important to have one.

 

The OPS already has an operational policy on Human Rights/Race Relations (adopted in 2002) as well as the newer policy on Racial Profiling.  The Board carefully reviewed both OPS policies in developing its own policy.  Language and provisions in the Board policy have been kept as similar to the OPS policies as possible to maintain consistency and ensure the two documents are compatible.  The definition of “Racial Profiling” contained in the Board policy is the same definition included in the OPS policy, which was carefully crafted with assistance from Professor Tanovich of the Law Enforcement Accountability Project at Windsor University, and endorsed by the Ontario Human Rights Commission.

 

CONSULTATION

 

In August 2011, the Board’s Policy & Governance (P&G) Committee reviewed a first draft of a Board policy on Human Rights and Racial Profiling.  At that Committee meeting, direction was given to consult with the Community and Police Action Committee (COMPAC). 

 

In October 2011, Chair El-Chantiry and Executive Director Fedec presented the draft Board policy to COMPAC for consultation and feedback.  It was explained to the group that the Board policy is a governance policy intended to complement the existing Ottawa Police Service policies on Racial Profiling and Human Rights/Race Relations by setting out the Board’s expectations of the Chief of Police with respect to the application of the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, and measures to ensure that members of the Ottawa Police Service do not engage in racial profiling.  COMPAC submitted its feedback in the form of recommendations and questions following the meeting in October. 

 

Following the October 2011 consultation, the Police Service and Board embarked on a period of consultation and engagement for the Traffic Stop Race Data Collection (TSRDC) Project.  The Board had hoped to obtain feedback during that period of consultation that would assist it in addressing some of COMPAC’s questions about the draft policy.  Given the focus of the TSRDC Project, the consultations did not produce information with regard to compliance measurements.  For this reason, there was a delay in responding to the suggestions and questions that COMPAC provided. 

 

At a meeting on 22 May 2013 the Board’s P&G Committee revisited the draft policy as well as COMPAC’s input with a view to finalizing the policy.  The Committee carefully reviewed COMPAC’s input and subsequently provided a response to COMPAC addressing each of their recommendations and questions.  Many of their suggestions have been incorporated into the policy or will be addressed through the Chief’s compliance reporting to the Board.  A particular concern for COMPAC is how success and compliance with the policy will be measured.  Chief Bordeleau has agreed to provide assistance through the Director of Community Development, D. Snoddy, in determining what success indicators would look like.  A commitment has been made to consult with COMPAC in the development of those indicators.  Once they are determined, they will be included in the Chief’s annual compliance reporting to the Board.  COMPAC will also continue to be kept informed of progress in the implementation of the racial profiling policy. 

 

The Board believes strongly in the importance of taking the extra step of demonstrating its leadership in addressing racial profiling and ensuring human rights are respected by the Police Service and itself.  For this reason the P&G Committee is recommending that the Board move forward with adopting the Human Rights and Racial Profiling Policy attached at Annex A. 

 

FINANCIAL STATEMENT

 

There are no financial implications associated with the adoption of this policy.

 

CONCLUSION

 

The Board has taken an extra step beyond what was required by the Ontario Human Rights Commission to adopt its own governance-level policy on human rights and racial profiling.  It took this step because it believes it is important to demonstrate leadership and commitment to the elimination of racial discrimination and racial profiling, and support for human rights in general.  The Board policy on Human Rights and Racial Profiling is closely aligned with the related OPS policies and reflects the Board’s commitment to, and support for, the principles set out in the OPS policy. 

 

 

____________________________________________

 

Submitted by the Policy & Governance Committee:

 

Carl Nicholson, Chair

Adriana Doyle

Jim Durrell

 

Attach. (1)

 

Policy Number:                    Policy Subject:

 

CR-15                                    HUMAN RIGHTS AND RACIAL PROFILING

 

LEGISLATIVE REFERENCE / AUTHORITY

§  Police Services Act section 31(1)(c)

§  Canadian Charter of Rights and Freedoms

§  Ontario Human Rights Code, R.S.O. 1990

DATE APPROVED

 

DATE AMENDED

 

DATE TO BE REVIEWED

 

REPORTING REQUIREMENT

Annual Report on compliance

 

LEGISLATIVE AUTHORITIES

 

§    Under Section 31(1)(c) of the Police Services Act the Board is responsible for the provision of adequate and effective police services in the municipality and shall establish policies for the effective management of the police force.  This policy addresses the provision of policing services in a manner that respects human rights and avoids racial profiling.

 

§    Canadian Charter of Rights and Freedoms

 

§    The Ontario Human Rights Code, R.S.O. 1990

 

 

BOARD POLICY

 

INTRODUCTION

 

The Ontario Human Rights Code (the Code) provides that every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, marital status, family status or disability.

 

The Ottawa Police Services Board is committed to the principle that every person has a right to the provision of police services in a fair and equitable manner that respects the inherent worth and dignity of all persons and provides equal treatment to persons, without discrimination or harassment. 

 

In particular, the Board recognizes that racial profiling is a serious problem in Canadian society and that members of police services, including the Ottawa Police Service, can be susceptible to its negative influence, whether conscious or unconscious.  The Board recognizes that racial profiling causes tremendous harm to those who experience it and to the police service’s relationship with the community.  This harm includes, but is not limited to, psychological harm, alienation, loss of trust and confidence in the police and criminal justice system, unwillingness to contribute to police investigations, and the criminalization of race. 

 

PURPOSE

 

The purpose of this policy is to state the Board’s commitment to policing that respects and adheres to the principles contained in the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code, and to set out the Board’s expectations with regard to respecting human rights in the delivery of police services.  The policy requirements set out in this document shall form part of the Board’s direction to the Chief of Police.

 

POLICY REQUIREMENTS

 

It is the policy of the Ottawa Police Services Board that the Chief of Police shall:

 

1.         Have operational policies and procedures in place to implement the principle of equal treatment in police services, without discrimination or harassment, consistent with the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code.  These procedures shall include:

 

a)        Provisions that reinforce and encourage positive and professional practices that aim to promote and protect human rights.

 

b)        The following definition of racial profiling:

 

“Racial profiling in policing occurs when race, ethnicity, colour, place of origin or religion, or stereotypes about offending or dangerousness associated with any of these characteristics is used, consciously or unconsciously, to any degree in suspect selection or suspect treatment except when looking for a particular suspect who has committed an offence and who is identified, in part, by their race.” 

 

c)         A provision that prohibits members of the Police Service from engaging in racial profiling in any of their activities. 

 

d)        Standards by which to measure compliance with the prohibition, taking into account that the test for determining violations of the prohibition will depend on the nature of the police activity in question.

 

e)        The requirement for training materials and programs that address human rights issues, as well as understanding and preventing racial profiling, to be delivered to all members of the Police Service.

 

f)          A process to deal with public complaints about human rights or racial profiling violations received by the Police Service.  The complaints process shall be clear and accessible in its explanation of how to file a complaint and the steps that will be followed.

 

g)        Ongoing community engagement and outreach through awareness-raising programs, events, visits and forums to build and maintain relationships.

 

MONITORING REQUIREMENTS

 

The Chief of Police shall ensure that an administrative review, that includes community consultation, is conducted every two years of all measures designed to address human rights and racial profiling in the delivery of policing, including, but not limited to, police complaints, training, general community concerns and compliance with this policy. 

 

REPORTING REQUIREMENTS

 

The Chief of Police shall submit an annual report to the Board on the effectiveness and impact of this policy that shall include:

 

a)    Information on any procedures developed to support this policy and an assessment of their effectiveness as well as impact on practices throughout the Service. 

b)    Reporting and other mechanisms relied upon by the Chief of Police to ensure accountability by all levels of management.

c)    Compliance with the requirements of this policy.