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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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Timeless music brought to life on stage; Welcome to the Soul Nostalgic Experience

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Photo Credit: Jose Maria Elizalde

BY SIMONE J. SMITH

“Ladies and gentlemen, welcome to the Soul Nostalgic Experience! Tonight, we’re taking a journey back in time to relive the magic of an era that continues to inspire and captivate audiences worldwide. Are you ready to feel the groove?”

The audience erupts into cheers and applause as the band launches into a classic soul tune. People start swaying in their seats, unable to resist the infectious beat. A few brave souls even start dancing in the aisles.

Imagine being transported back in time to the golden era of R&B and Soul music, where smooth melodies and infectious rhythms ruled the airwaves. Now, envision this timeless music brought to life on stage with the energy and spectacle of a Las Vegas residency.

That’s precisely what the Soul Nostalgic Experience is all about. As I stepped through the doors, I was greeted by the smooth ambiance of classic R&B tunes mingling with the clinking of glasses and the tantalizing aromas wafting from our kitchen. The atmosphere was electric, alive with the anticipation of what the night had in store.

In the heart of Toronto’s vibrant music scene, there exists a figure who orchestrates brilliance from the shadows. Steve Hollywood, a name whispered among those in the know, is the unseen force behind many of the city’s musical endeavors. Despite his significant contributions, he stays removed from the spotlight, preferring the quiet hum of behind-the-scenes influence. Regardless, his presence remains enigmatic, known only to those privileged enough to collaborate with him. It’s a rare invitation to glimpse into his world, an offer extended to a select few, beckoning them to join the symphony of creativity he meticulously curates.

On Thursday, April 25th, 2024, the Toronto Caribbean Newspaper was welcome to the Acqua Supper Club, where the heartbeat of Toronto’s R&B and Soul scene will pulsate throughout the summer. Nestled in the heart of the city, the venue is a sanctuary where men and women will be able to gather for unforgettable evenings of soulful music and culinary delights.

At the helm of this musical journey is none other than DRU, a Juno Award-winning and gold record artist with a visionary passion for bringing back the magic of the 90s and 2000s R&B/Soul era. From timeless classics to contemporary hits, his performance was a journey through the soul, evoking nostalgia and stirring the spirit. Inspired to create something truly special, DRU collaborated with the immensely talented The Recipee Band to craft a show unlike any other. The Recipee Band, comprised of musical virtuosos: Jason Larmond, Otis Williams, Juwayon Clarke, and Jonathan Kerr, bringing over two decades of collective experience to the stage.

Drawing from a diverse range of genres and generations spanning from the 50s to the present, The Recipee Band serves as the backbone of Soul Nostalgic, infusing each performance with their unmatched musicality and passion. Soul Nostalgic isn’t just a concert; it’s a collective of exceptional talent coming together to create an immersive experience that will transport you back in time.

The night brought me through a ray of emotions, from high-energy dancing to electrifying live music, every moment of the show was designed to make you groove and feel good.

As the night unfolded, I found myself immersed in a world where time seemed to stand still, where the troubles of the outside world faded away, and all that mattered was the connection between music, food, and community.

I completely co-sign on this unforgettable journey. On May 30th, 2024, they are sharing this experience with the city again, so get ready to dance, sing along, and relive the magic of an era that continues to inspire and captivate audiences worldwide. This is more than just a concert; it’s the Soul Nostalgic Experience.

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Generational survival: Can our young people survive our generation?

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Photo Credit: Dr Obotdean

BY STEVEN KASZAB

The young people of the day are often criticized for not voting or participating in our electoral and public service efforts. Called bubble wrapped by some, those who attend schools of higher learning face challenges presented to them such as: professors who are not objective but espouse various ideologies of the left or right. Professorial prejudices often place the young student in academic limbo, encouraged to choose their professors preferred political outlook.

Raised to be democratically inclined, our youth often witness the actions of our establishments, which can appear to be very undemocratic. Terms like “Do as we say, not as we do,” hypocritical actions by the administration and police often lead our youth an openness towards misguided ideologies and movements of purported social change.

Our youth are encouraged to insert themselves into local, national and international politics, only to be witness to the horrible events, misinformation and the manipulative nature of global media who present their own interpretation of said events. Media is in fact a business manipulated by corporate and politically friendly owners. So, how can our youth truly believe what is in fact real, truthful, honest and objectively presented?

Our youth will often develop a sense of “Stockholm Syndrome” like attitudes, actions and desires. Desire to change a society that is obviously unacceptable but have an attitude to accept no other message except that which is given by their governments and institutions.

Our youth find the idea of voting in a system that remains the same, changes nothing and has players who all look and act alike to be a waste of time and effort. There will always be bad guys, taxes, raising prices, and diminishing opportunities. One’s outlook can be deflated, filled with nervous tension and even fatalism. War, addiction, premature deaths, abortion, women rights, democracy while supporting and doing business with dictatorships.

To be young, means to create, grow and aspire to positive things. Our national and global experience is seen as the opposite of that approach. There is simply: too much going on, too many people being harmed, too little opportunity, too much misinformation, too much greed to allow our young to develop in a well-balanced, mentally positive manner.

Mental health concerns for not only the youth, but our own as adults challenge us to change our ways, assist each other with an: empathetic, charitable manner, open minds and hearts.

Our young people are our treasure and future hope. If they are screwed up, so too are our future expectations and future goals. We have to continue to work on getting it right.

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The Black Business and Professional Association (BBPA) scandal: Is there room for corrections and restoration?

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BY MICHAEL THOMAS

After over 40 years of upholding a legacy of integrity and excellence, accusations and allegations of mismanagement of public funds and conflict of interest have raised its ugly head at the Black Business and Professional Association (BBPA).

As I investigated the meat of information surrounding this case it is easy to see why many buzzards are circling this prey. One of the main allegations I have noticed is that BBPA management awarded contracts to companies controlled by the former President and CEO, Nadine Spencer, without appropriate due diligence. Again, if this turns out to be true, an organization that has been in business for four decades must have seen this coming.

If the rules of receiving the funds, or government grants say that you must put out tenders to hire workers, then by all means do so. We have to remember that bad news travels twice the speed of good news.

There is more; on November 5th, 2021, the BBPA’s President at the time, Nadine Spencer became the CEO where she was allegedly paid in the range of $250,000. This was used to make the comparison that a bigger organization was thriftier with their money than BBPA, here is how. As an example, the Executive Director of Tropicana Community Services, a much larger non-profit organization, earned a salary of $163,671 in 2023.

My job in this article is not to throw BBPA under the morality bus, but to shed a bit of light on how as a people we must realize that all eyes are on us. Something I quickly spot is how many mainstream media took the opportunity to jump at this alleged scandal in BBPA, yet, for over four years now Canada has been led off the cliff, and because these same mainstream media folks were paid and funded, they looked the other way.

Do I condone the misuse of public funds? Hell no! If these allegations are proven to be true, should BBPA be held accountable? Hell yes!

That said, I went to BBPA’s website to have a bird’s eye view of what this organization is all about, and after reading I must say I was impressed.

I am hoping that BBPA realizes that to whom much is given, much is required.  An organization that has kept such a sterling reputation over the last four decades need not look only in its rearview mirror, but in blind spots as well.

Misappropriation of funds is no laughing matter regardless of how big or small an organization is, nor is conflict of interest. These are tantamount to having blood stains on white garments. If proven there needs to be public apologies, and most importantly “a complete cleaning of the house.”

The Boards of Directors of the BBPA released a statement on Friday, April 26th, 2024, in response to the call for their resignation in the midst of the allegations of financial mismanagement. The statement was addressed to BBPA members/supporters. It states, “We want you to know that we have been listening to the concerns that have recently been raised. The BBPA has hired independent professionals to undertake the appropriate reviews. The current BBPA Board has and continues to proactively take steps to strengthen governance and compliance practices. We are all dedicated to learning, improving, and continuing to work together through this process. We, as Directors, also want you to know that you can reach out to us any time for a conversation.”

Now in the case of Mr. Harry Jerome’s daughter, when one engages in asking an organization that has upheld her father’s name for four decades to quit using the name. I would like to think that this individual has solid proof of wrongdoing, or if proven wrong is ready to apologize as well, but with all these wolves circling the wagon. I understand her plight.

Starting from a small gathering that honored just six Black Canadian athletes who excelled at that year’s Commonwealth Games in 1983, to an organization that built an endowment fund of close to $600,000, and in the last 24 years the fund has granted over 650 scholarships totaling close to 2.5 million dollars, BBPA has a lot to be proud of.

However, if these allegations are found to be false, I am hoping that the accusing parties will do the right thing and apologize. On the other hand, if BBPA is found to be in the wrong, then the organization should be wise enough to rock the boat and throw those found guilty of tarnishing BBPA’s and Mr. Harry Jerome’s good reputation completely overboard.

According to news sources, BBPA has categorically denied all allegations. Whichever way this cookie crumbles, BBPA, your decision should and must make your people, and the late sprinter Mr. Harry Jerome’s name and family proud.

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