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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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Step into Spring with SheaMoisture’s new collection

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BY TRISHA SMITH

In the heart of downtown is the historical charm known as the Distillery District. Nestled within this urban tapestry were the most beautiful Black women and men, dressed in purple and blue glam, coming to celebrate yet another SheaMoisture collection in the sheik Archeo event space.

The atmosphere was giving luxe with a welcoming and social vibe. As soon as I arrived, I was given a cute flower crown that brought yet another layer of cohesiveness in everyone’s matching attire.

The place was buzzing with Toronto influencers: women in business, creatives and journalists like me, eager to connect, while enjoying a tasteful selection of finger food and signature cocktails. DJ Martina was spinning the latest Afrobeats and R&B, keeping the energy high. There was a visual artist vendor customizing complimentary plants, and hairstyling stations, where women were upping their hair game with SheaMoisture’s new product collection.

Speaking of new collections, SheaMoisture is launching a whopping eight new products this summer! The Scalp Moisture collection consists of 4 new products: shampoo, conditioner, pre-wash masque and scalp cream. The original Coconut & Hibiscus Frizz Free Curl Mousse has two new sisters: a multi-styling mousse from the Manuka Honey & Yogurt line, and the Wrap and Set Mousse, from the Manuka Honey & Mafura Oil line. This one is for roller sets and twist outs while the multi-styling mousse was formulated for the ladies with braids, locks and up-dos. There was also a new whipped curl cream, and last, but certainly not least, a Coconut and Hibiscus +Flaxseed edge gel. We all know a Black girl’s edge is the icing on any hairstyle and this edge gel offers a semi-firm hold without the flaking and unnatural stiffness.

I’ve had the opportunity to smell and try them all and as always, the scents never decline, and the consistency is on point. One thing I personally love about this brand is their dedication in providing Black women clean organic ingredients, free of parabens, petroleum and mineral oil which is a big plus in my book as a registered nutritionist. It’s important to note that whatever we put in our scalp and on our bodies, goes directly into our bloodstream. Harmful ingredients can cause toxic build-up and hormone disruption while SheaMoisture’s organic ingredient profile does what it’s supposed to do, minus the hidden harm.

My personal favourite from the line is the scalp cream. It’s used just like hair oil but what I love about it is the cream application. I don’t have to worry about an overly shiny scalp with oil dripping down my forehead on a hot summer day. I also don’t have to be weary of the oil messing up my clothes during application (which happens every so often). The application tip t is perfect, the cream goes directly on my scalp, and it disappears as soon as you massage it in. No white film or build up and I’ve been using it every day! It’s obvious that our hair concerns are always at the forefront and SheaMoisture always has its way of delivering exactly what we need.

Their dedication to fair trade and ethical sourcing has brought forth fair wages and a better quality of life for families in Ghana and Burkina Faso. SheaMoisture has not only made their mark globally with remarkable products, but they have changed the lives of thousands through partnerships and most importantly, giving back.

SheaMoisture was also proud to announce their second year of the Dream Fund! This fund is a continuation of the grant program to offer financial support to the community. The Dream Fund grant program offers $10,000 each to five Black owned businesses in the beauty and wellness space. If you are a Black business with a product, or service that serves the community, you are encouraged to apply for your chance to win! Applications open April 15th, 2024, and close May 31st, 2024. Winners will be announced July 15th, 2024! Keep in mind, you do not need to be a hairstylist, or specifically in the beauty industry to apply.

Last year, a book publishing company, a fitness organization, a chef and a hair accessory company took home the gold. No matter how big, or small your company is, think about the greater impact you can make with an extra $10,000! The Dream Fund serves all Black businesses across Canada and is just one of the many grants, scholarships and funding accessible to the Black community on a global scale.

SheaMoisture is out here making big moves and standing with the underdogs so we can all rise in power and service to our community, and for that I will always support this product line and their initiatives.

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Amplifying authentic African narratives; the stars came out at the BSO Symposium

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BY SIMONE J. SMITH

I tell you, the team at Humanity Ova Vanity is solidifying their place in Toronto’s creative scene. It is incredible to see an organization embrace the essence of human creativity, curating experiences that transcend superficiality and celebrating the authentic expressions of people.

With every event that the Toronto Caribbean Newspaper is invited to, I am exposed, and have a deeper innerstanding about their commitment to showcasing the richness of human ingenuity. Through their curated experiences, they invite the world to witness the beauty that arises when humanity comes together in genuine expression, fostering connections and inspiring others to embrace their own creativity.

On Tuesday, April 2nd, 2024, the Black Screen Office (BSO) hosted a Fireside chat with O-T Fagbenle, an acclaimed: actor, writer, and director known for his roles in: “The Handmaid’s Tale,” (which earned him an Emmy nomination for Outstanding Supporting Actor) “The First Lady,” and his creation “Maxxx.” In 2022, he starred as Cameron Lautner in the Apple TV+ drama “WeCrashed,” a series inspired by the tumultuous story of WeWork, and O-T can next be seen in the upcoming series “Presumed Innocent,” for Apple TV+ opposite Jake Gyllenhaal and Peter Sarsgaard.

The exclusive fireside chat in conversation with Donisha Prendergast was held at the Toronto Regional Board of Trade (The Quay) that forms part of the BSO Symposium, a platform dedicated to amplifying authentic African narratives and fostering substantial representation in the arts. The symposium successfully facilitated featured speakers from overseas and connected students with the opportunity to participate in creative discussion. The discussion revolved around bringing authentic African stories to life. It’s evident that African stories have been untold, mistold, and marginalized. While there are efforts to address this, they often seem minimal compared to the potential for true representation and impactful storytelling. The goal is to catalyze change.

The symposium became a starting place of strength, celebrating the global influence of African culture—the “origins of cool.” It featured: decision-makers, broadcasters, streamers, funders, distributors, producers, and creatives in the screen industry, a day for collective ideation on what’s possible, not just locally but globally.

The symposium was hosted by Melanie Nicholls King, and featured keynote interviews (Sean Cohan), and presentations from esteemed guests (Jully Black, Mark Bamuthi Joseph, Rob Maylor), roundtable discussions, networking opportunities, and special presentations. “This enriches our collective endeavor, making it not just a meeting but a milestone event for actionable change,” shares Donisha Prendergast Founder at HOV.

Joan Jenkinson, Executive Director of the BSO, stated, “Our mission at the Black Screen Office extends beyond initiating dialogues; we aim to enact real change. O-T Fagbenle’s participation underscored our dedication to creating an inclusive screen industry that celebrates the richness of Black stories.”

If the success of the symposium was not enough, the rainy evening of April 2nd, 2024, brought its own treat. I made my way down to Its OK Studios to watch Canada’s #1 weekly podcast (now available on Apple Music), to watch a live episode of Extra Gravy with hosts: That Dude McFly, Alicia ‘Ace’ West and Big Norm. O-T made his second appearance of the day to screen episodes of “Maxxx!”

This will be a reunion of sorts and nothing short of comedic, as Marlon was one of the comedy writers who workshopped the development of Maxxx in Toronto (now showing on Channel 4 and later picked up by Hulu).

The highlight of my night was my sit-down interview (stay tuned for that) with Rob Maylor, a Jamaican-American lawyer, producer, and spearhead at Mental Telepathy Pictures. He is noted for executive producing “Sprinter,” championed by Jada Pinkett-Smith and Will Smith. Collaborations with luminaries like Shaka King and companies such as Hillman Grad showcase his commitment to authentic storytelling.

With a rich background including stints at UTA, Mark Burnett Productions, and Magnolia Pictures, Rob’s expertise extends to notable projects like: Paramount’s Bob Marley: One Love,” and HBO’s “Get Millie Black.”

I am excited about what he shared with me, and I know it is going to excite our creatives who are reading this. The Jamaica Promotions Corporation (JAMPRO), an agency of the Ministry of Industry, Investment & Commerce and home of Jamaica’s Film Commission, has announced the opening of the Call for Applications under the Jamaica
Screen Development Initiative (JSDI).

The JSDI is a J$1 billion financing initiative by the Government of Jamaica (GOJ) aimed at bolstering and enriching the local film industry while attracting destination films. Through the JSDI, filmmakers, animators and creatives will be supported in developing eligible, local screen-based projects across various stages of development.

The Call for Applications for grant and loan support for Development, Production and Post-Production (Completion) phases end on April 28th, 2024. However, applications for Film Festivals and Market Attendance, applications for Marketing and Distribution, as well as Production Rebates will be accepted on a rolling basis.

Applications will be subjected to a validation check to ensure eligibility and assessment by an evaluation panel comprising local and international film industry experts. Assessment factors include: the strength of the application, demonstrated track record and/or ability to progress project development and execution, financial feasibility, market interests and marketing plan, as well as the overall benefit of the project to the Jamaican economy.

Exciting indeed! Application guidelines as well as the application form can be found at: https://dobusinessjamaica.com/jamaica-screen-development-initiative/.

Incredible work is being done here in Toronto, and we are so happy to be at the helm of it.

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Not just a reunion; It’s a powerful catalyst for unity and growth. Welcome to the 10thBiennial Jamaica Diaspora Conference

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BY SIMONE J. SMITH

“Under the theme ‘United for Jamaica’s Transformation: Fostering Peace, Prosperity and Youth Empowerment,’ this year’s conference promises to be a pivotal platform for collaboration between Jamaicans, the Government and other stakeholders, as we work towards achieving the national development goals.” Minister of Foreign Affairs and Foreign Trade, Senator the Honourable Kamina Johnson Smith

There is definitely excitement surrounding the 10th Biennial Jamaica Diaspora Conference, and this excitement was evident at the launch that took place on Thursday April 4th, 2024, at the Ministry of Foreign Affairs and Foreign Trade, 2 Port Royal Street, Kingston. The Conference theme is “United for Jamaica’s Transformation: Fostering Peace, Productivity, and Youth Empowerment,” and the hybrid event will be held June 16th – 19th, 2024, at the Montego Bay Convention Centre. It will be the first in-person conference since the COVID-19 pandemic.

The Jamaica Diaspora Conference is a signature biennial global forum that connects Jamaicans and persons of Jamaican descent living across the globe with the aim to strengthen linkages and build alliances that will fuel Jamaica’s growth and development on the world stage.

Since its inception, participation in the conference has steadily increased and as such this year’s target is 5,000 participants. The conference highlights that the Jamaican Diaspora represents much more than their ability to produce remittances, with its significant untapped economic impact on entrepreneurship development and the transfer of new and emerging skills.

Minister of State in the Ministry of Foreign Affairs, Honourable Alando Terrelonge, who carries the day-to-day mandate for Diaspora Affairs, explained that the conference will also celebrate the cultural heritage and achievements of Jamaicans worldwide, while providing a platform for networking and dialogue on critical issues facing the Diaspora and Jamaica. He said marketing Jamaica as ‘Destination Trade and Investment’ and using the conference to provide key linkages for investment opportunities, is to “Get Jamaicans across the diaspora to invest in Jamaica, see investment returns, and see yourselves earning money.”

“Everyone knows Jamaica for its sunshine, but Jamaica is more than our beaches. It’s more than coming down and having a Red Stripe beer, having some jerked chicken or going to Dunn’s River Falls. Jamaica is also one of the best economies in the developing world,” the State Minister said.

Key stakeholders, including Conference Chairman Mr. Courtney Campbell, Legacy Partners VM Group, GraceKennedy Group, and Jamaica National Group Limited, were lauded by both Ministers for their unwavering support and contributions to Diaspora engagement.

The Thursday rising launch also saw the attendance of other Government Ministers such as: the Honourable Delroy Chuck, Honourable Franklyn Witter and the Hon. Marsha Smith, as well as representatives from a slew of Jamaican business conglomerates, who have expressed their enthusiasm for the upcoming conference, emphasizing the importance of unity in propelling Jamaica towards unprecedented growth and inclusivity.

Guests attending the Conference this year will have thematic sessions addressing the following:

  • Educational transformation through digitalization: exchange, exposure and opportunities for self-actualization in Jamaica and the diaspora
  • Embracing the migration compact: sustaining a thriving diaspora
  • Breaking barriers and building futures: empowering Jamaican communities with citizen security, entrepreneurship, digital age technologies, and productivity, in partnership with the diaspora
  • Empowering the youth for the future economy: actions and pathways to success and paying it forward
  • Tourism and wealth creation

During her keynote address, Foreign Minister the Honourable Kamina Johnson Smith, highlighted the significance of the diaspora’s contributions to Jamaica’s development including strategic partnerships in various sectors: healthcare, education and other socio-economic sectors. She also shared that the Ministry anticipates the official launch of the Jamaica Diaspora Engagement Model (JAM-DEM), to also explore trade and investment opportunities aimed at furthering Jamaica’s development.

Guests also have the Marketplace to look forward to, as well as the Government at Your Service sections which will facilitate access to a wide range of services from both the business and public sectors. The Diaspora Day of Service will take place on June 20th, 2024, and will entail a wide range of charitable projects pioneered and supported by the diaspora across the country. In some cases, there is broader coordination from within regions and some initiatives are pursued at the individual or organizational level. Projects are registered on an event platform to facilitate broader support, coordination and reach.

The launch had surprises like a digital dollar giveaway, and other engagement surprises that ensured that as the world gathers in Montego Bay, this in-person conference after five long years will not just be a reunion; it’s a powerful catalyst for unity and growth. Register NOW to be a part of this historic homecoming.

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