Racial Profiling in Canada

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Apart from the legal conditions, there are also many social factors that enable racial profiling. It facilitates a culture of entitlement and disrespect that renders visible minorities are being more vulnerable to crime and disorder by driving a wedge between community and law enforcement. Racialized groups throughout Canada have historically faced socio-economic marginalization and poverty which has translated into anti-social behavior, making them targets within the criminal justice system. Furthermore, the media has also significantly contributed to racialized communities being profiled and by associating them with violence and aggression (Bahdi, 1988, p.5). The Toronto Star for example has actively publicized concerns about racial profiling and the controversy surrounding it, making it a highlight of public discussion (Gill, 2014, p.10).

A study conducted by the Hitachi Research Centre at the University of Toronto found that black Canadians were more likely to perceive racial profiling to be a social problem because of indirect experiences they have had (Wortley, 2011, p.400). Results demonstrated that black Canadians were more likely to report friends of family who have been racially profiled than members of other racial groups and that being black is a significant predictor of being profiled. Furthermore, the community that people live in such as high crime areas are also indicative of who gets profiled (Wortley, 2011, p.401).

Moreover, the idea of racial profiling has been seen as benefiting mainly white Canadians not just in the legal system but also in society. When white offenders commit a crime, they are generally seen to be pathological or deviant so their behavior does reflect the community however when minorities engage in criminal activity, society generalizes the behavior of a few people to the entire community resulting in profiling (Young, 2005). Critical Race Theorists understand race itself as being a social construct and a product of social thought. Therefore, they also acknowledge differential racialization as occurring because society assigns different characteristics and attributes to specific communities to serve different purposes (Delgado, 2014, p.8). This perpetuates racial profiling amongst police, law enforcement and society.

The concern about profiling is also linked to stereotyping. For instance, Aboriginals were profiled based on the type of clothing they wore – ripped or dirty, if they were reluctant to answer questions, talked to themselves, acted intoxicated, had bad body odor, or begged on the street just to name a few (Bahdi, 1988, p.23). Such stereotypes create a strong bias for the public and the decision makers as people pay closer attention to certain behaviors that can be targeted and reject any conflict observations (Bahdi, 1988, p.24). Furthermore, racial profiling not only reflects racist habits and attitudes but it also contributes by adding to these harms. When Black people are associated with crime, it increases the likelihood of the dominant class thinking of Blacks as the ones bringing crime into their neighborhoods which generates more stereotypes and leads to an increased risk of racism on a daily basis. Therefore, as Critical Race Theory explains, people of color have different histories and experiences with oppression and the stereotypes they are subject to shift over time based on social construction dominated majorly by the white class (Delgado, 2014, p.9). Ultimately, racial profiling imposes tremendous social costs of ineffective policing, hostility towards racialized communities and suspicions against innocent people (Gill, 2014, p.7).

Many academics and organizations have been called to make recommendations directed at the police organizations in order to mitigate the effects of racial profiling in Canada. It is due to the disconnect between formal law as stated by the courts and the manner in which law is applied that racial profiling has become so predominant in society (Tanovich, 2002, p.177). Specific recommendations to stop this practice include training and education program in anti-racial profiling in tandem with pubic awareness campaigns to inform people how discrimination against visible minorities can be detrimental to communities. Having an anti-profiling policy could also provide a jurisdictional basis for aggrieved individuals to seek remedy in court along with setting out mandatory protocols for data collection (Tanovich, 2004, p.926).

There needs to also be more efforts made towards bringing about cultural change within the police institution to have a more effective complaints process that is objective, fair and accessible. I also strongly believe that one key approach to preventing situations likely to result in racial profiling is for police to refrain from gathering information on the physical appearance of individuals who are detained as it can have a hindering impact and stimulate bias. Furthermore, there needs to be more transparency within the police hierarchy to admit to this practice and release racial data because when the police organizations blame a few bad apples and try to explain their behavior, they are hiding the systemic nature of racism. (Krobel, 2001). They are aware of its existence but establishing it requires a direct admission of liability by the police which does not get challenged. Therefore, one way to solve this is to take a proactive approach and reversing the onus of proof to the Crown to establish that a vehicle stop was not motivated by race (Amoah, 2005). Doing so would be consistent with the principles of equality and fairness within the law and if race were indeed not a factor in this incident, it should be fairly easy to disprove racial profiling (Tanovich, 2004, p, 931).

Tanovich suggests that the state should implement specific hiring programs that address racial profiling similar to the Racial Profiling Policy introduced by the Ottawa Police Service which disallows its officers from engaging in such practices. A policy such as this, when stated in writing will help improve police culture and ensure bias-free policing (Gill, 2014, p.7). Additionally, ongoing diversity training and human rights training from an external party may at least help police realize the harm of racial profiling that is taking place and therefore document it for statistical purposes. It is difficult to uncover a straightforward method to overcome racial profiling and bias as they are reinforced by media representations so the first step that needs to be taken would be to limit police discretion on who they stop. Currently, police officers have a high level of discretion which permits them to make decisions resulting in profiling. If stricter thresholds and clearer standards can be implemented regarding who is to be stopped, this would significantly reduce