Ontario to launch new campaign around new carding rules

The Ontario government is planning an educational campaign to make people aware of their rights under a new carding regulation that took effect Jan. 1.

Ontario has banned carding, also known as street checks, in specific situations across the province. Aspokesman for the Ministry of Community SafetyandCorrectional Services said the forthcoming campaign will clarify what's allowed and what isn't under the law.

"It is in the best interest of both the police and the public that everybody understand the new regulation, so there isn't confusion during policeinteractions," Brent Ross said in anemail.

• New Ontario rule banning carding by police takes effect

The co-founder of Black Lives Matter Toronto, however, says carding still happens and that a public relations blitz won't change what's happening between police and members of visible minorities.

But Ross said the provincial campaign will teach people their rights when dealing with police.

"The arbitrary collection of identifying information by the police is unacceptable," Ross said. "That is why the government banned arbitrary street checks starting Jan. 1, 2017. All police services across the province must comply with the requirements of the new regulation."

The province is also working to ensure that police services comply with the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code.

"The government believes that respectful, rights-based interactions between police and members of the public is the foundation of effective community policing," Ross said.

'The rules and what they mean for you'

Police officers cannot askan Ontario resident for identification based on their race, because the person is in a high-crime area, or because the person refused to answer a question, according to the carding regulations.

The officer must also explain why he or she wants the identifying information, inform the person that he or she can refuse the request, and must offer a receipt that includes the officer's name andbadge number. The officer also needs to explain who to contact in order to find out any personal information about the person kept on file by police.

The officer must keep detailed records of the interaction, even if a person refuses to share information.

Province says there will be exceptions

There may be "rare cases" when there will be exceptions to the rules, the ministry says.

If the regulations could have a negative impact on an investigation, threaten public safety or force officers to disclose confidential information, an officer may not have to: explain why he or she is asking for information, tell the person that he or she has the right to refuse giving identification, or provide a receipt.

For example, if an officer suspects a car passenger may be a human trafficking victim, theymay not have to tell a person that he or she has the right to refuse to give ID.

The officer, however, must record a reason for not following protocol.

Not a 'step forward'

Yusra Khogali, one of the co-foundersof Black Lives Matter Toronto, said the new carding regulation is not "a step forward" because police officers can still get around the rules.

She saidthe campaign is an attempt to convince the public that the rules have changed, even though they have not made a difference on the street.

"We don't think any regulation is going to improve what is inherently racist and a violation of our charter rights and a violation of our dignity and humanity," she said.

Khogali said Black Lives Matter believes there should be a "complete elimination" ofcarding.

"Black and racialized people are stopped every single day based on an assumption of who they are and their appearance and that has been used to violate them time and time again," she said. "We actually think this regulation is a how-to manual on how to card and racially profile communities. The language is very manipulative."

She said the campaign is a "Band-Aidsolution" that will not fix the problem of carding.

Toronto police get training on new rules

Mark Pugash, spokesman for Toronto Police Service, said officers have undergone thoroughtraining to learn about the new carding regulation.

Instructors "used real-life examples, practical examples, and they put people in situations where they had to make decisions," he said."Police officers have to understand the law."

Pugash said in situations where the rules apply, thechanges to policingare significant.