A “carding” game. Wanna play?

A group of Toronto Star journalists, Jim Rankin included, has initiated a campaign to help people find out what information the Toronto Police Service may have collected and recorded during “carding” stops.

The paper’s front page on July 18 asks “Think you’ve been carded? Let’s find out.” Instructions detail how to file a freedom of information request, and offers help if money is a problem. The Star would like the results shared with the newspaper, stipulating that no sensitive pieces of information will be published.

It will take some time to compile what comes out of this. The TPS ATIP division may be overwhelmed with the response to the Star’s effort to inform the public of what is in the police database.

Want to participate? Have questions?

email:     carding@thestar.ca

or, write:
Jim Rankin, Reporter,
The Toronto Star,
One Yonge Street,
Toronto, ON M5E 1E6

Let’s watch. Stand by.

How many times can you be conned?

Contrasting perspectives:

“Ottawa tightens prison visit rules in drug crackdown”, appeared on the Toronto Star’s Sunday July 5 front page. The federal prison system’s new rules for preventing contraband from getting into institutions loosened the justifications that permit guards to conduct searches of anyone coming into a prison.

Taken at face value, the revised policy seems a reasonable response to relieve a perceived problem, although the degree of subjectivity presents opportunities for legal challenges. What is implied though is the enhanced procedures introduced in stages over the last many years have not had the impact Correctional Service of Canada and the government intended. In other words, tighter and tighter enforcement has failed.

What this article further suggests is the Canadian government’s ongoing focus on punitive measures rather than restorative programming is expensive, ineffective, and counter-productive.

Then, a few pages into the front section of that same Star edition was another item, “Obama will free dozens of inmates.” The president’s clemency power primarily affects non-violent drug offenders. This action strikes a blow against mandatory minimum sentencing and the so-called tough-on-crime agenda prevalent in the States for so long. Obama will likely free more before his term of office finishes next year.

The President of the United States is not a renegade. The U.S. is moving in the opposite direction to the course this country set many years ago under the current federal government. He’s doing it with the support of many in his own party, as well as a solid Republican base, and most of the Western World is in sync. Why are we so out of step?

As the title asks, how many times can you be conned?

Toronto Police Service….what has it got to hide?

We often disagree with the Toronto Star’s Rosie DiManno, but her “Activist ombudsman trumped by police” in the paper’s June 24th edition fell on our side of the fence.

Ontario Ombudsman André Marin has lobbied for years to have oversight of the MUSH sector (municipalities, universities, school boards, and hospitals), and the provinces new Accountability and Transparency Act passed last December did just that……or so Mr. Marin thought. The Star’s Rob Ferguson reported a few days before Ms DiManno’s column appeared that the provincial government had quietly excluded police boards from the ombudsman’s jurisdiction.

A provision in the Act allows the government to claw back what’s already given, but in the case of police boards, Treasury Board president Deb Matthews claims there was no loss of oversight but rather police boards were just not added. Marin’s office was provided some time back with a list from the government, naming about a dozen agencies that would be excluded under the Act….like library administration…..but police boards were not on that list. It was the intervention of a number of police chiefs, including Toronto’s, that caused the province to enact the regulation exempting police boards from the Ombudsman Act.

This is a bad move. Our letter to Premier Wynne points that out.

July 1, 2015

Kathleen Wynne, Premier,
Legislative Building,
Queen’s Park,
Toronto, ON M7A 1A1

Re: Accountability and Transparency Act

Dear Premier Wynne:

Sorry, Premier, it’s not good enough!

That police services boards were excluded (or, “it’s that it wasn’t added”, as Deb Matthews said) from Ontario Ombudsman André Marin’s oversight just doesn’t cut it.

The Toronto Police Services Board, the Ontario Civilian Police Commission, the Special Investigations Unit, and the Office of the Independent Police Review Director, along with municipal and provincial politicians, seem to tuck neatly into our police chiefs’ back pockets.

Tell me Premier Wynne, if all these bodies provided what was needed, why then does an organization such as John Sewell’s Toronto Police Accountability Coalition exist? Why are we getting newspaper reports every week of judges criticizing police practices? Why? The TPSB, et al, are not working on behalf of the people, from whom all authority flows.

It’s time to stop fearing our men and women in uniform, and begin giving our police services the direction they deserve.

Yours truly,

Charles H. Klassen

Oh Canada…..really?

Another update…….

On Wednesday, July 1, as we were going around town, ending at the church for the noon Eucharist, “Happy Canada Day” was floating through the air, tripping off tongues as easily as ‘how-de-do’. We weren’t so ready to be patriotic, and disappointed ourselves by limply answering with “and to you, too”, rather than speaking out.

Why? Just that morning, another email from our Montreal lawyer told us that federal civil servants, our federal civil servants, employees of Correctional Service of Canada, are continuing to procrastinate on delivering potentially incriminating and damaging information which they are compelled by law to disclose. This is how CSC operates……obstruct, delay, challenge, obfuscate, stall. For instance, this lawyer has a client who has been waiting five years so far for CSC HQ in Ottawa to respond to a third-level grievance.

What to do, we asked in a response to Montreal? Take it up a notch. Go over their heads. Go to Ottawa and picket CSC headquarters on Laurier Avenue. Get some media attention. Tell their mothers. Options there are. But, the need for them is inexcusable.

We received another email on Monday, July 6, after Montreal made further efforts to shake fruit from the tree. Not to worry, he was told by the information and privacy division of CSC, but processing requests that include 5 videos takes longer than projects involving only the scanning of documents. That’s their story now, but they know we’re approaching the end of their line. The new estimate for completion of the work is one week, and Montreal asks us to wait for an outcome before looking at options.

Oh, Canada? …..not so much for us.

Ontario provincial jails don’t follow the rules either. Surprised?

Toronto Star reporter Amy Dempsey published “Jails flouting new rules on solitary” in the paper’s June 22 edition.

Christina Jahn spent more than 200 days in solitary during 2011 and 2012 at the Ottawa-Carleton Detention Centre, without help for cancer or mental illness. In a 2013 financial settlement with Jahn, Ontario’s Ministry of Community Safety and Correctional Services also committed to updating its prisoner handbook to include the rights of inmates in solitary, and to proactively distribute the handbook to them. Jahn had refused a cash settlement alone, and insisted that remedies had to be part of any agreement because she hoped it would improve conditions for other inmates.

The terms of the remedies are mandatory. Nevertheless, when the Toronto Star reviewed the updated 30 page document it found a glaring omission: it contained no information about the rights of prisoners in solitary which was central to the required update. As a result, the ministry agreed to a separate handout for inmates sent to segregation, and was to begin distribution in March of 2015 while the handbook was in another revision.

Despite direct orders from the ministry, some Ontario jails are failing to follow instructions.

And so, for the second time the ministry has been accused of breaching the terms of its agreement with Jahn. Her lawyers are taking legal action against the province and asking the Human Rights Tribunal of Ontario to declare that MCSCS has contravened the settlement by not taking the required actions, and is seeking $1,500 damages for each alleged violation.

In the meantime, Jahn’s cancer is now terminal, and she is not available for comment.
We’ve added an observation of our own:-

June 23, 2015

Steven Small, Assistant Deputy Minister,
Ministry of Community Safety & Correctional Services,
18th Floor,
George Drew Building, 25 Grosvenor Street,
Toronto, ON M7A 1Y6

Re: Jails flouting new rules on solitary, inmates say
Toronto Star, Amy Dempsey, June 22, 2015

Deputy Minister Small:

From your March 23 memo to Ontario jail superintendents, referring to the segregation handout:
“(It) is mandatory that all inmates being placed into segregation be provided with this handout effective immediately.”

Well, I can tell you that as of this week, inmates moved into segregation at the Toronto South Detention Centre are NOT getting this handout.

What’s more, inmates in provincial institutions are often angered by activists like me when speaking about policies that are not followed. What we don’t get, it’s been claimed, is that rules and regulations, policies and procedures….and even the law…..mean nothing to any number of MCSCS front-line staffers. They do as they please….with impunity.

They do as they please because management will not manage, and the Ministry’s priority is to keep the lid on whatever might disturb the peace.

Yours truly,

Charles Klassen

Carding. A final word …. for now.

The Toronto Police Services Board unanimously voted to reinstate a reformed and stricter carding policy at its Thursday, June 18th meeting. However, the Ontario government intends to weigh in with its own province wide regulations this fall. In the meantime, we sent off a comment to the MCSCS minister ahead of that Toronto Police board meeting:-
June 18, 2015

The Honourable Yasir Naqvi,
Minister of Community Safety & Correctional Services,
18th Floor,
George Drew Building, 25 Grosvenor Street,
Toronto, ON M7A 1Y6

Re: Carding

Dear Minister Naqvi:

The Toronto Police Service seems to have painted itself into a corner on the carding issue, but it is very adept at wriggling out of tight spots.

Of course, our police officers should be talking to people. Absolutely.

Nonetheless, no person is required under any circumstance, for any reason, or in any situation to speak to the police……ever. No piece of legislation you recommend will change that.

It could be argued that the best you can accomplish by regulating carding is to permit police intimidation of the citizenry under some controls.

You have a challenge ahead of you.

Yours truly,

Charles H. Klassen

Gotta Minute? (12)

Harry Truman was probably the most underrated American President of the 20th century. Times were very different then. For instance, after Dwight Eisenhower was inaugurated in January of 1952, Harry and Bess drove home to Missouri in their own car. No Secret Service followed them.

He shared many of his insights over the years. This one is timeless…and fun. “My choices in life were either to be a piano player in a whore house or a politician. And to tell the truth, there’s hardly any difference!”

Pity the Harper supporter

Stephen Harper is the current Prime Minister of Canada. He is not God. He is not the King. He is the first minister of the government of the day and the leader of the party in power. Notwithstanding his “progresses” across Canada and around the world with an entourage that gives the appearance that there’s an imminent threat to his safety, along with an inflated sense of his own importance, Mr. Harper is in truth the point person among a group of men and women who occupy Ottawa’s seats of power and influence.

Maybe it’s our fault when we focus so much on the leaders of political parties and infuse them with egotism beyond what is the reality of the position. Stephen Harper doesn’t seem to mind the attention but the high profile he encourages puts him under a microscope…. just as do Trudeau, Mulcair and May.

In the case of our present prime minister, we could scan our files to come up with a litany of reasons why he shouldn’t be our next prime minister. But, it isn’t necessary for us to go any further than to point out that he supports the torture of teenagers as an acceptable practice in one instance, and feels there is no reason to be overly concerned about global warming in another.

This alone warrants his expulsion from Ottawa, taking his closest allies with him, and we’re proposing too a mandate to have these men and women removed from Canada. Perhaps Texas is a suitable destination….or wherever it is that Dick Chaney is hiding.

Pity the Harper supporter…..not knowing enough to be embarrassed.

End carding? Be careful for what you wish.

The Toronto Star and Globe and Mail have run carding items almost daily since the beginning of the month, and there’s no expectation the papers will give up on a good story any time soon. What had been intermittent background media static against carding for the last few years is now a noisy gong, ….relentless, deafening, demanding.

So, why did it take this long for so many prominent voices to finally come to the microphone when the people in the street have been speaking out in vain since ‘climate change’ came into the lexicon? Was Desmond Cole’s Toronto Life essay really a tipping point with the magnitude to bring out so many big guns?
Pierre Trudeau tried to curb police random stops by retracting two parts of the vagrancy section of the Criminal Code back in the first half of the 1970s, to little notice and with no impact. He thought simply removing a provision would effect change. Trudeau underestimated police determination to evade civilian control. What the prime minister did was the sound of one shoe dropping; he needed prohibitions to force his vision. Was he naive and erred innocently?

Speculation is an academic pastime. Change comes with action.

Of all the newspaper pieces this month, Akwasi Owusu-Bempah’s op-ed in the Tuesday, June 9, Globe and Mail is among the most revealing. He’s currently an assistant professor of criminal justice at Indiana University, and received his PhD in criminology from the University of Toronto, researching the policing of black males in Toronto. He also worked for Ontario’s Ministry of Community Safety and Correctional Services, and sat on consultative committees at Toronto Police headquarters.

“End of carding just a beginning” is an overview of many years of institutional racialization in Toronto, and warns that “if we decide to stop at carding, and consider ourselves satisfied with a victory on it, we will have done ourselves, and our city, a great disservice. If we are going to commend Mr. Tory, it should be for having started a process, not for having ended one.”

And, that is the point. An end to carding will not make for a substantive change to police practice and tactics. It is but a beginning.

Reprinted here is our latest carding letter, this one to the president of the Toronto Police Association: –

June 11, 2015

Mr. Mike McCormack, President,
Toronto Police Association,
200 – 2075 Kennedy Road,
Toronto, ON M1T 3V3

Re: Carding

Mr. McCormack:

I don’t question that ‘carding’ has been “a proven, pro-active police investigative strategy that reduces, prevents and solves crime.” The Toronto Star’s claim that no evidence is available to support your position has merit, but then it may be a matter of the degree to which carding is a police asset.

I contend that what the practice does or doesn’t do is irrelevant. After all, we can offer our police services much more effective tools: suspend habeas corpus, dispense with the need for search warrants, and legislate that identification must be carried on our persons and presented whenever asked. But, both Lincoln and Jefferson subscribed to the axiom that says if we give up a little bit of liberty in the name of law and order, we’ll deserve both and have neither. We should all say the same.

Men and women who train to become our police officers are taught to get on top and take control. “If you have nothing to hide, you have nothing to fear” is police psychology 101, designed to put anyone on the defensive. Tactics that coerce people into doing what they don’t want and don’t need to do are not conducive to a positive relationship between public servants and the citizenry to whom they are accountable.

Carding in any and all the forms it’s taken over the last many decades is an affront to democracy, and needs not only to be abolished, but prohibited as well.

Yours truly,

Charles H. Klassen

copies to: Kathleen Wynne, Premier of Ontario
John Tory, Mayor of Toronto
Mark Saunders, Chief of Police

Political will needed to end carding.

On May 23, the Toronto Star published an opinion piece written by Ruth Goba, the Interim Chief Commissioner of the Ontario Human Rights Commission. It is one more call for our police service to end what Ms. Goba describes as “an insidious practice that contravenes the Code and has no place in modern Canadian society.” The full text (Opinion Editorial: Political will needed to end carding) can be seen at http://www.ohrc.on.ca.
In appreciation, we wrote Ms. Goba:-

May 27, 2015

Ruth Goba, Hon. BA, LLB,
Interim Chief Commissioner,
Ontario Human Rights Commission,
180 Dundas Street West, Suite 900,
Toronto, ON M7A 2R9

Re: Political will needed to end carding

Dear Ms Goba:

I’m 73 years old, white, and in the years since I moved into Toronto in 1959 I have never been stopped by police. For decades though, I refused to carry identification in order to reinforce with any police officer who might question me that there is no legal requirement to do so.

Carding is an abhorrent infringement by the public service on the sovereignty of the people. I’ve told that to the police, to the mayor, and to the people in my circle and the contacts I have. That I have never been stopped doesn’t lessen my indignation that it’s happening to others.

Your opinion editorial makes the good point that until we persuade, or force, our elected representatives to act, the police may continue to do as they please in the face of those to whom they are accountable.

Please keep up the good work.

Yours truly,

Charles H. Klassen
cc: John Tory, Mayor of Toronto
Mark Saunders, Chief, Toronto Police Services