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Navigating the Legalities of Racial Carding in Peel

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BY ALYSSA MAHADEO 

Over the years the issue of racism has caused an unsettling amount of concern in regards to how we interact with people in our society. It has been identified as the root cause of many social justice issues, a product of the race-based worldwide view of prejudice, stereotyping, and discrimination. Racism can be found in social actions, practices or political systems that support the expression of prejudice or aversion in discriminatory practices. It is the division of people into distinct groups categorized by race, and subdivided by social behavior, ranked as inferior or superior.

The practice of carding isn’t something new, and it is very familiar on the streets of Toronto. For years these random police checks have been targeting young African-Canadian men, in unjust association with criminal activity.

According to a series of investigative reports conducted by the Toronto Star, people stopped for the sake of engagement between 2008 and 2013 were more likely to be African-Canadian than white and the vast majority of encounters did not involve an arrest or charges. Nevertheless, details about each individual including one’s name, age, perceived skin colour, estimated height, and weight, and often the names of one’s friends were recorded and entered into a massive database. The Star reporters found that city police filled out at least 2.1 million contact cards involving 1.2 million people between 2008 and 2013.

On Tuesday March 22nd, the government released its final regulation on street-checks/carding in Ontario.

While this regulation is noted as a welcome and important step in the direction of increasing accountability for the prevention in Anti-Black racism in policing, this band-aid solution isn’t the ban on carding social justice groups were looking for.

NDP MPP for Bramalea-Gore-Malton, Jagmeet Singh, invited the public to a town hall meeting in Brampton to have an open discussion about the new carding regulations, and also brainstorm ways to help reduce police harassment in the Peel Region. Last year Singh voiced his concerns about the problem of carding, and how it isn’t a practice that can be regulated, but should be banned altogether. As an individual and a criminal defense lawyer who has been subjected to carding himself, he has personally experienced how this practice violated two fundamental Charter rights: the right to not be arbitrarily detained, and the right to not be subjected to unreasonable search and seizure.

Singh organized a panel of community and social justice activists that included San Grewal Urban Affairs Reporter for the Toronto Star, Anthony Morgan Policy & Research Lawyer at the African Canadian Legal Clinic, Knia Singh Law Student and Chair of CARIBANA Arts Group, Roger Love Lawyer at the Human Rights Legal Support Center and Nicole Bonnie Senior Service Manager, Community Engagement and Partnerships at Peel Children’s Aid Society. Each panelist brought their own informative and educational content regarding the issues of racial carding listing out the new regulations and what they covered.

Urban Affairs reporter San Grewal was able to provide some interesting insight on the statistics of carding within Peel Region. Based on the information and data they collected from Peel Police through the channels of gathering public information, and the freedom of information they were able to discover where specific carding stops had occurred within Peel. “By gathering this information we were hoping to locate where the specific patrol zones are in Peel, however the data we were given did not correlate that information,” explained Grewal. “Although the data didn’t reflect the patrol zones we were able to find 159,000 carding interactions between 2009-2014 by Peel Police and found that black individuals were 3.6 [times] more likely to have been stopped over that period opposed to white individuals.”

The main issue to be addressed in light of the new regulation is taking a closer look at out- of-place carding stops happening in Peel Region. Unfortunately the new government regulations are not something that can be regulated throughout the province and is relative to the practices of the regions’ police. This issue then leaves full authority in the hands of the police when it comes to how they deal with specific unwarranted carding instances.

Anthony Morgan Policy & Research Lawyer at the African Canadian Legal Clinic listed out for everyone present all 10 of the new regulations referencing what had changed from before the regulation was implemented, and also how there was still much room for improvement. “Standardization of carding is open to interpretation, lacking in language and legal terminology that draws a very thin veil over what is and what is not allowed,” says Morgan.

A few examples brought to light by the new regulations does not prompt police to properly communicate the cause for the interaction. There is clear evidence of the limitations of the regulations and the degree to which carding can take place.

The New Regulations are as follows:

  1. Carding Permitted During Investigation – Can ask for info without having the regulation apply during an investigation in the area.
  2. Regulation Permits Sharing of other individuals’ information without their knowledge – Nothing in the regulation prevents the sharing of that information and the regulation only applies when you are giving out info about yourself.
  3. Use of Vague Suspect Descriptions Permitted – Allows street checks to occur even on the basis of very vague identifying information of an individual.
  4. Weak Rights Notification – Regulation does not require that officers tell individuals at the start the reason for interaction or inform them of the right to walk away in a circumstance in which they have that right i.e not being charged with a crime or being arrested.
  5. Receipts without reason – Officers not required to indicate the reason for stopping and collecting data on the receipt they are required to give as proof of interaction and information collected.
  6. Children and youth documented without parental consent – Regulation does not allow for youth 18 and under to be informed that they can contact parent or guardian before giving out identifying information to police.
  7. Indefinite Data Retention – Data is always available to be accessed.
  8. No standardization of Data Collection – Standardization on how the data is collected in every region is different.
  9. Regulation Permits Carding Performance Targets for Police Divisions and Units – Incentive to collect data cards has been forbidden, regulation does not prevent individual units from this, higher carding rates get better incentives, whole units can be incentified for their benefit.
  10. The Absence of Training on Anti-Black Racism and Racial Profiling – Officers do not have to be trained in racial profiling, Anti Black Racism.

The most important things we can do as a community when it comes to dealing with street checks and carding is to be informed. The most valuable form of knowledge and information is stated in the Canadian Charter of Rights and Freedoms. Many of the panelists and citizens of the community who were in attendance revealed to being carded multiple times. This problem will continue for generations to come without the understanding of how or why, and  knowing what rights you have in that situation.,.

In instances where you have felt that you have been stopped and carded in illegitimate circumstances there are resources at your disposal. The first thing you can do is submit an applications to the Human Rights Tribunal of Ontario if you feel you were stopped because of your race. In such instances, you will need to prove that it was a factor in the carding stop. If you aren’t sure race or religion was a factor, you can submit an application to the Office of the Independent Police Report, a check on police conduct OIPRD needs to be filed in 6 months. Ontario Human Rights Commission, has special powers and can conduct an inquiry into and individuals human rights and what is happening in Peel with HRI Human rights issues. You can also take it straight to police themselves, speak to the sergeant, if you have the badge number, start your own investigations. Lastly, an FOI request can be filed to records management, for all of the instances where you have been carded, you can get that record cleared as long as you have the evidence in hand.

It is imperative that the community continues the conversation on carding, knowing there are safe spaces in the community where we can enforce safety while also abolishing racism. Knowing our human rights, educating the younger generation and also keeping open lines of communication with the police in Peel will present the opportunity to express our concerns and understand the policies put in place to protect us. “The problem with carding is that it is confusing, advocating since 2011, it exists within a legal loophole and gray area,” states Roger Love Lawyer at the Human Rights Legal Support Center.  “There is a movement happening, and it is our job to hold the government accountable.”

To find out more about the new carding regulations please visit the Ontario Ministry of Community Safety and Correctional Services at http://www.mcscs.jus.gov.on.ca/

For those interested in joining the discussion, there will be a Police Board meeting in Peel on Friday April 22nd following the theme: Action and Movement in Numbers at 10 Peel Centre Drive, Brampton at 9:30 a.m. Let us take action and help abolish racism in Peel!

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Steps to Justice; Inmates buried in the Hinds County Pauper’s Field without their families’ knowledge

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Mary Moore Glenn holds hands with a family member during a press conference held by Attorney Ben Crump in Jackson, Miss., on Wednesday, Dec. 20, 2023.

BY SIMONE J. SMITH

This week, I want to provide an update on a story that closed 2024 on a painfully obvious note; that to some people; some lives seem to matter more than others.

As a journalist, I refuse to turn a blind eye to the silent screams of those whose experiences are relegated to mere footnotes in history. I refuse to succumb to the allure of sensationalism, to prioritize clicks over compassion. For every fleeting moment of attention, there are countless untold stories languishing in the shadows, waiting to be heard, waiting to be acknowledged.

This is one such story. It speaks of lives fractured by trauma, of individuals thrust into the crucible of pain and loss, their struggles overlooked, and their voices drowned out by the clamour of the everyday.

In December 2023, the story broke that: Marrio Moore, 40, Jonathan Hankins, 39, and Dexter Wade, 37, were buried in the Hinds County Pauper’s Field without their families’ knowledge. Each man was reported missing, but it took months — and for Hankins, over a year — for them to find out. The families did not know what had happened until NBCNews.com reporters broke the news. Imagine finding out that your family member who you had not heard from was found buried! People all across America were scratching their heads in disbelief about what had happened in Jackson, Mississippi, with this pauper’s graveyard.

Ben Crump, along with attorney Dennis Sweet, a Jackson native, stepped up to represent the families. Through his work, nationally renowned civil rights and personal injury attorney Ben Crump has spearheaded a legal movement to better protect the rights of marginalized citizens. He has led landscape-changing civil rights cases and represented clients in a wide range of areas including civil rights, personal injury, labor and employment, class actions, and more.

Around the time of the discovery, a press conference was held at the Stronger Hope Baptist Church in Jackson where the families pleaded with city and county officials to explain why they weren’t notified. They also wanted to know why the deaths of each man weren’t properly investigated by the Jackson Police Department.

A further report from NBC News provided a list of names of 215 people who were buried in the same pauper’s field where Moore, Hankins and Wade were.

On Thursday, April 4th, 2024, Attorneys Ben Crump and co-counsel Dennis Sweet released a statement following the announcement from the U.S. Department of Justice that they would provide technical assistance to the Jackson Police Department and Hinds County Coroner’s Office with next-of-kin death notifications related to those buried in Jackson pauper’s field.

Attorneys Crump and Sweet have released the following statement:

“We thank the Department of Justice, under Assistant Attorney General Kristen Clarke’s leadership, for taking the steps to address the ongoing issues in Jackson related to the pauper’s field. Our team has been on the ground investigating the situation since Dexter Wade and other horrific cases came to light. We intend to provide any information that might be helpful to the DOJ through this process.”

“The families impacted by local government officials’ shortcomings are grateful that the federal government heard their cries for change and will be intervening. It is our hope that this federal intervention will reestablish trust within the Jackson community and their local agencies.”

The technical assistance, which will be provided by the Civil Rights Division, and the U.S. Attorney’s Office for the Southern District of Mississippi, will examine: JPD’s General Order on Missing Persons, and new General Order on Death Notifications, and provide recommendations on implementation and training. The technical assistance to the Hinds County Coroner’s Office will provide recommendations on policies and training related to locating next-of-kin.

Under Title VI, the department is working to make sure that law enforcement agencies and other recipients of federal funding take affirmative steps to comply with their civil rights obligations by offering technical assistance to facilitate Title VI compliance. The point of technical assistance is to help agencies update and/or enhance their policies and practices, while strengthening the connection between law enforcement agencies and communities of color and other stakeholders.

In the fleeting echoes of media coverage, amidst the constant churn of headlines, there exist narratives, stories etched in the shadows, barely acknowledged before fading into obscurity. Yet, these are the tales that demand our attention.

In bearing witness to these narratives, in amplifying the voices of the marginalized and the forgotten, I want to continue to honour the families in this story. I refuse to allow their struggles to be relegated to the periphery of our collective consciousness. I refuse to let their pain be consigned to the annals of indifference.

This is not just another story—it is a call to action, a reminder of our shared humanity, and a testament to the enduring power of empathy in the face of adversity.

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2024 Toronto Caribbean Carnival Festival management committee shares, “Look forward to exciting changes!”

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Photo provided by Paul Junor

BY PAUL JUNOR

There is much anticipation, expectation and cautious optimism for the 57th Toronto Caribbean Carnival. There have been many challenges that the Festival Management Committee (FMC) have faced over the years notably in terms of funding. The FMC has some exciting plans for 2024, which it recently unveiled. This is good news for North America’s largest Caribbean festival.

In the December 23rd, 2023, issue of the Toronto Carnival Insider Volume 1: Beyond the Mas some of the achievements and accomplishments of 2023 are highlighted by Jennifer Hirlehey, Chair of the FMC. She lists:

  • For the first time in the history of the FMC, we involved representatives of our stakeholders: OPSA, OSA and CAC to join our Board of Directors.
  • This year the FMC prioritizes: fiscal responsibility, accountability, and transparency. We were able to produce the Carnival with approximately $1.7 million less than the year before.
  • We reinvested our Education Program, enabling us to take the Carnival Arts back to our schools.
  • We took preliminary steps to start our scholarships and building projects.
  • We refurbished our Sponsorship Program collaborating with multiple high-profile corporations.
  • We restructured internally, ensuring that we have qualified professionals at all levels of the organization.
  • We’ve prioritized projects aimed at revitalizing our volunteer and judging program.
  • We’re taking strides towards self-sustainability and less dependence on grants and other government funding.

In many ways, 2023 was a pivotal year for the largest Caribbean festival in North America as it involved the launch of several creative initiatives. One of them was the Toronto Caribbean Carnival Varsity Collection. It was created by a local artist in Toronto.

Adrian Charles (General Manager) describes some of the changes. “Many of the events will be moved from Lamport Stadium to Exhibition Place, which represents an essential change in location. The utilization of Exhibition Place will see the border of Prince’s Boulevard, New Brunswick and Ontario Drive which is lot number 852 hosting three important events. They include: The King and Queen, the Pan Alive, and the Grand Parade. There will be a significant expansion in the seating capacity that will

include a VIP and judges’ seating. Furthermore, by locating in one area it will help logistically and there will be a better chance of managing other aspects of the festival.”

Board Chair Hirleley followed up on her concerns about funding for 2024. She outlines what the FMC expects in the “Toronto Carnival Insider Vol 0224,” which was sent out on April 3rd, 2024. “Our goal is to become self-sufficient so that we can ensure the Carnival’s longevity and rely less on government funding to stage the Carnival. However, we must continue to educate all levels of government on the significant economic impact of the Carnival.”

She mentions the economic benefits of the Carnival to the City of Toronto. “We contribute approximately $480 million to Ontario’s GDP. We create approximately 4,000 direct jobs each year and we contribute approximately $180 million to the combined tax revenues of the: federal, provincial and municipal governments. Yet, on average we receive approximately one million dollars in combined funding from all levels of government. Moreover, we receive significantly less funding from the province than other festivals of similar size.”

On March 18th, 2024, the FMC Executive Leadership Team met with several MPPs of different parties at the Ontario Legislature. MPP Charmaine Williams introduced and welcomed followed by a reception. The New Dimension Steel Orchestra and Dance Caribe performed followed by a display of costumes by Tribal Mas.

The dates and events of the upcoming Toronto Caribbean Carnival are:

July 14th: Jr. King and Queen

July 20th: Jr Parade

July 28th: OCPA Calypso Show

August 1st: King & Queen

August 2nd: Friday Night Mas

August 3rd: Grand Parade

August 4th: OSA Pan in D Park

August 4th: International Rum Fest

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His films were not merely narratives; they were struggles, and triumphs of the African-Caribbean community

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BY SIMONE J. SMITH

There were environments where he was dismissed and disrespected, and not once did he stop being who he was. He had a way of connecting with people, listening to people, hearing people and engaging with them. Those who speak lovingly of him say he will be most remembered for saying things that matter in his work. For taking a stand.

He fought so hard, and he put so much time and energy into getting stories made. His body of work was one that shared voices that were otherwise not being heard in the Canadian film landscape. He had natural talent; he had charisma.

It was a rainy, chilly April 17th, 2024, and the Toronto Caribbean Newspaper had been invited by Humanity Ova Vanity to share in a night with Regent Park film festival, Bipoc TV & Film, and Reel Canada to celebrate the work of an amazing Jamaican-Canadian filmmaker whose talents have made an important and intentional stamp on the landscape of the history of African Caribbean cinema in Canada. It was the night that I was formally introduced to the brilliant Charles Officer

Charles Officer told stories from a nuanced perspective that originated from his experience of being a Canadian born child of Jamaican parents. His life was a mix of poetry and pain, and he learned that stories and visuals could help to speak in ways some couldn’t. His curiosity and intentionality as a human and writer-director has left an indelible mark in the pages of Canadian Film history.

Charles was a versatile and prolific filmmaker whose works typically focused on the experiences of Black Canadians. Initially an actor, he went on to direct, write and produce feature films, documentaries and TV series.

Charles directed four episodes of “The Porter,” the CBC/BET drama about the Brotherhood of Sleeping Car Porters — North America’s first Black-led union — that won 12 awards at the Canadian Screen Awards, including: best original music, production, costume design, best writing and best drama series. Another well-known article of work is his documentary Unarmed Verses, which told the story of Toronto Community Housing residents who were uprooted while their neighbourhood was revitalized.

Charles’s 2008 debut feature, Nurse. Fighter. Boy, premiered at TIFF and was nominated for 10 Genie Awards, the precursor to the Canadian Screen Awards. On the 17th, I had a chance to witness this creative genius on screen with his film “Akilla’s Escape.” In a crime-noir about the urban child-soldier, Akilla Brown captures a fifteen-year-old Jamaican boy in the aftermath of an armed robbery. Over one grueling night, Akilla confronts a cycle of generational violence he thought he escaped.

The movie starts with the dimly lit streets of the city sprawling, a concrete jungle where danger lurks in every shadow. The humid air is heavy with tension as we are gliding through the urban landscape, the distant sounds of reggae music mingling with the rumble of passing cars.

Charles kept me captivated, weaving the narrative of Akilla Brown’s journey. It served as a potent testament to the multifaceted impact of film. Through the lens of urban child soldiers and Caribbean cultural intricacies, the audience was drawn into a world where real-life struggles and dysfunctional family dynamics collided.

Akilla’s forty-year-old existence, straddling between the legitimacy of his cannabis operation and the shadow of his family’s criminal legacy, epitomizes the complexities of identity and morality. As fate intertwines Akilla’s path with that of Sheppard, a mute teenager ensnared in the web of violence, the film delves deep into themes of redemption, legacy, and the cyclical nature of trauma.

Saul Williams’s commanding performance as Akilla, alongside Thamela Mpumlwana’s poignant portrayal of Sheppard, and Donisha Prendergast as the dedicated aunt, brings an authenticity that grips viewers from start to finish. Through Officer’s direction, the film becomes more than mere entertainment; it becomes a mirror reflecting the harsh realities of societal constructs and personal struggles, urging viewers to confront the demons of our past and present.

The screening was followed by a panel with lead actors: Thamela Mpumlwana, Donisha Prendergast, and co-writer Motion and Producer Jake Yanowski. It was moderated by Sarah Tai Black.

Throughout the talk, I learned more about the legacy of this incredible African-Caribbean Canadian filmmaker whose work resonates not just through the lens of cinema, but through the very fabric of storytelling itself. As a: director, writer, producer, actor, cinematographer, and editor, his multifaceted talents illuminated the experiences of African-Caribbean Canadians in a way that was both captivating and authentic.

His films were not merely narratives; they were vivid tapestries woven from the threads of shared experiences, struggles, and triumphs of the African Canadian community. Through his lens, audiences are transported into worlds rich with cultural nuances, social commentary, and the universal human condition.

Beyond his technical prowess and creative vision, it was his boundless energy that truly set him apart. His passion for storytelling was infectious, drawing people from all walks of life into his orbit. Whether collaborating with fellow artists, mentoring aspiring filmmakers, or engaging with audiences, his presence radiated an undeniable magnetism.

In every frame he captured, every line he penned, and every character he brought to life, he not only entertained, but also challenged perceptions and sparked conversations. His body of work serves as a testament to the power of storytelling to bridge divides, inspire change, and celebrate the richness of diversity.

Though he may have left us, his legacy endures—an eternal flame that continues to illuminate the path for future generations of filmmakers. As we reflect on his contributions, let us honour his memory by embracing the spirit of creativity, inclusivity, and resilience that defined his remarkable journey.

REFERENCES:

https://www.cbc.ca/news/canada/toronto/hot-docs-film-unarmed-verses-puts-uprooted-tch-community-in-spotlight-1.4091497

https://www.cbc.ca/news/entertainment/csas-final-night-2023-1.6811617

https://www.thecanadianencyclopedia.ca/en/article/charles-officer

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