Class action lawsuit launched against Toronto Police Service over carding

BY PAUL JUNOR

The practice of “carding” has been very controversial with diverse views on it.

It occurs when people are subjected to interrogation by law enforcement officials without any explanation or justification. The Black Legal Action Centre (BLAC) was established in 2017 as an independent not-for-profit community legal clinic that combats individual and systemic anti-Black racism by conducting: research, engaging in structural transformation, and providing legal services. They have been part of the class action lawsuit against The Toronto Police Service (TPA).

It was filed by Ayaan Farah, who is of Somalian background and has no prior criminal records. The statement of claim was filed on Monday, August 14^th, 2023, and it identified all the Black and Indigenous people of Toronto who had encounters with the TPS and for whom information was collected starting 2011 to the present.

The lawsuit states, “Carding has caused widespread harm, including damage to the plaintiff’s and class member’s mental and physical integrity, and their privacy and their livelihoods.” The individuals named in the lawsuit include three former Chiefs of TPS: Bill Blair, Mark Saunders, James Ramer as well as the present Chief Myron Demkiw.

In response to the class-action lawsuit, the TPS board released a statement. It reads, “Any material filed in due course and in response to this litigation before the court will be a matter of public record.”

Ayaan shared her story recently with a well-known community newspaper. She mentioned that she was accosted by Toronto Police officers while she was out in the public in 2011 and detained by them while her personal information was documented without the police officers telling her why. The consequence of this interaction led to the loss of her security clearance at the Toronto Pearson Airport in 2014 after being employed there for eight years. The reason that the RCMP gave to Transport Canada, was that she was seen in the company of someone of Somali-Canadian background who purportedly had gang affiliation and a criminal connection.

The loss of her security clearance led to the termination of her employment without being able to access employment insurance or benefits. Her lawyer, Solomon McKenzie released a statement on Ayaan’s behalf. It states, “I became very worried about going in public. I feared that the police would watch me and accuse me of something. I stopped volunteering in my community, because I was so worried that the police might report me again. I felt targeted. The police punished me for being in public, and I missed: promotions, raises, and was suspended from my job, for no reason.”

In further developments, after pursuing a review of Transport Canada’s decision that led to the loss of her security clearance, a federal court determined that the process was biased and quashed the previous decisions which led to her regaining her job 21

months after she lost it. The effects of the ordeal took a toll on Ayaan’s: mental, emotional and physical health. She experienced social isolation, faced depression, became paranoid and was hypervigilant in response to the cumulative effects of the stress. She notes, “I never received an apology for the police behavior, even though they had a significant impact on my life and career. I want to make sure that nobody ever has to suffer this experience again.”

Farah has since moved to the United States to avoid coming in contact with any Toronto Police officers but is determined to pursue the lawsuit because of the personal anguish and emotional toll it took on her. In addition, she hopes that the practice of carding will be terminated and its effects on members of the Somali community.

There are several outcomes that are expected if the lawsuit is successful. They include: violation of the Canadian Charter of Rights and Freedom, removal of all information collected from the Police database, and increased availability of additional training resources.