Public/Police Relations: An Intractable Conflict?

Purpose of this Paper

The purpose of this paper is to determine whether the conflicts described, between the

police and the Afrikan1 Canadian diaspora [sometimes referred to as the Communities]2

and the Original Peoples communities and other racial minorities, can be defined as being

intractable. If so, the exploration of possible approaches to resolve these conflicts is

beyond the scope of this paper. It is my hope and intention to conduct this exploration in

later works.

What is an Intractable Conflict?

The Oxford International Encyclopedia of Peace,3 defines intractable conflicts through a

discussion the common features.First, [emphasis added] intractable conflicts are protracted, persisting for a long time. Second, [emphasis

added] they are waged in ways that the adversaries or interested observers regard as destructive. Third,

[emphasis added] partisans and intermediaries attempt, but fail to end or transform them. Conflict

intractability, however, is not a fixed dichotomous feature; conflicts vary in their degree of intractability.

The degree to which the three defining features are manifested varies and changes, and they are best treated

as dimensions of conflict. . . . Even duration is not a fixed characteristic of a conflict. The beginning of a

conflict is often contested, with one side pointing back to previous grievances that the other side discounts.

Furthermore, the attributed origin of a conflict may change during the course of escalation and de-

escalation. The start of the conflict may be pushed back in time as old traumas and sufferings are recalled,

thereby making the conflict more intractable . . . 4

1 The original spelling of “Afrika” is with a “K“. Following the invasion of the continent and subsequent enslavement of the Afrikan people by European imperial colonialists, the letter “C” replaced the letter “K” to give us the spelling we are familiar with today.2 Although most frequently referred to as the Black Community, the Afrikan diaspora is composed of many different communities with different cultures, customs, religions, languages and histories. Therefore they should more properly be recognized, not as a single community, but as a multiplicity of communities who differ but share a set of common experiences and biases, based on the colour of their skin, in a predominantly Eurocentric culture.3 Published by the Oxford University Press.The Oxford International Encyclopedia of Peace is a four-volume encyclopedia that charts the interdisciplinary field of Peace Studies. It offers comprehensive research and discussion of historical, political, theoretical and philosophical issues relating to peace and conflict.4 Kriesberg, L. (n.d.). Intractable Conflicts. Retrieved November 28, 2014, from http://faculty.maxwell.syr.edu/lkriesbe/Articles/LKencycIntractabConfl.pdf

Jacob Bercovitch,5 in Beyond Intractability6 had the following to say when describing an

intractable conflict.First and foremost, we must recognize that there is nothing pre-ordained about the course or dynamics of a conflict. Conflicts are not inherently intractable or inherently co-operative.

[Intractable conflicts] . . . first [emphasis added] and foremost, a process (not just a single violent episode) of competitive relationships that extend over a period of time, and involves hostile perceptions and occasional military actions. The term itself acts as an integrating concept connoting processes where states become enmeshed in a web of negative interactions and hostile orientations. This pattern is repeated, indeed worsened, every so often, with the parties involved unable to curb, or manage, the escalation of their relationships. Given the characteristics of intractable conflicts, the lack of contact between the parties, the hostility and repeated violence, it seems plausible to suggest that one path out of this dilemma would be to accept some form of third-party mediation. Third parties can play a very useful role in the context of intractable conflicts.

Intractable conflicts are clearly different from other conflicts. The major characteristics of intractable conflicts can be summarized as follows:• In terms of actors, intractable conflicts involve states or other actors with a long sense of historical grievance, and a strong desire to redress or avenge these. [emphasis added]• In terms of duration, intractable conflicts take place over a long period of time. [emphasis added]• In terms of issues, intractable conflicts involve intangible issues such as identity, sovereignty, or values and beliefs. [emphasis added]• In terms of relationships, intractable conflicts involve polarized perceptions of hostility and enmity, and behavior that is violent and destructive. [emphasis added]• In terms of geopolitics, intractable conflicts usually take place where buffer states exist between major power blocks or civilizations.• In terms of management, intractable conflicts resist many conflict management efforts and have a history of failed peacemaking efforts. [emphasis added] 7

5 Jacob Bercovitch is a professor of international relations in the Political Science Department at the University of Canterbury in New Zealand. He is widely regarded as a leading expert on international mediation, especially in protracted or intractable conflicts that repeatedly erupt into violence. Dr. Bercovitch directs the University of Canterbury's program on diplomacy and teaches and conducts research on international politics and international conflict resolution. He has received fellowships from Harvard University, the University of London, and the Hebrew University in Jerusalem, and has served as adviser to the government of New Zealand on preventive diplomacy and peacekeeping. He is also affiliated with the Program on Negotiation at Harvard and sits on the editorial boards of five professional journals on international relations and conflict. Dr. Bercovitch has written and edited eight books on mediation and conflict resolution, the most recent being Studies in International Mediation (2000, editor) and International Conflict Management: 1945-1995 (1997). He holds a Ph.D. in international relations from the London School of Economics.6 Beyond Intractability. (n.d.). Retrieved November 28, 2014, from http://www.beyondintractability.org7 Bercovitch, J. (2003, October 1). Characteristics of Intractable Conflicts | Beyond Intractability. Retrieved November 28, 2014, from http://www.beyondintractability.org/essay/characteristics-ic

2

Beyond Intractability,8 an organization that studies and attempts to find resolutions for

intractable conflicts makes clear that defining what is meant when we talk about

intractable conflicts does not lend itself to a singular definition. However, the

organization recognizes the high cost of intractable conflicts and recognizes the

importance of finding solutions.Efforts to limit the terrible destructiveness commonly associated with intractable conflicts ultimately depend on the ability of people in a full range of conflict roles to successfully play their part in a broad peacebuilding effort. Though each circumstance is, to some degree, unique, there is also much to be learned from others who have solved similar problems before. The goal of the Beyond Intractability (BI) system is to make such knowledge more widely and freely accessible, so people aren't forced to "reinvent the wheel."

The missions of the Consortium and, more specifically, the Beyond Intractability project reflect the convergence of two long-standing streams of work. The first is an exploitation of the unique abilities of Web-based information systems to speed the flow of conflict-related information among those working in the field and the general public. The second is an investigation of strategies for more constructively addressing intractable conflict problems — those difficult situations which lie at the frontier of the field. While much of this work is also applicable to small-scale, tractable disputes, our primary focus is on large-scale conflicts which divide organizations, communities, societies, and nations. We believe that the enormous complexities and destructiveness associated with these conflicts requires a new approach — one which adapts and applies existing insights to new situations, and involves intermediaries and adversaries at all levels of society. Therefore, a key part of our mission is making basic conflict information available to as many people as possible, helping them become aware that there are options available that are far superior to the continuation of destructive and often violent confrontations.9

Is This an Intractable Conflict?

In seeking to resolve this question in light of the descriptions just given, the first question

appears to be whether the current tensions between the police and the community (and

other people of colour) are recent or whether they come from a protracted, persistent

place of conflict? An examination of the history of policing and race relations will help to

answer this question.

8 Beyond Intractability was developed and is still maintained by the University of Colorado Conflict Information Consortium. The missions of the Consortium and, more specifically, the Beyond Intractability project reflect the convergence of two long-standing streams of work. The first is an exploitation of the unique abilities of Web-based information systems to speed the flow of conflict-related information among those working in the field and the general public. The second is an investigation of strategies for more constructively addressing intractable conflict problems — those difficult situations which lie at the frontier of the field.http://www.beyondintractability.org/about/about-beyond-intractability9 About Us | Beyond Intractability. (n.d.). Retrieved November 28, 2014, from http://www.beyondintractability.org/about/about-beyond-intractability

3

History of Police/Public Conflict

Conflict between the police and the public, more specifically between the historically and

current white majority police services and the non-white racial minority public as well as

allegations of racism and racial profiling, has existed in Canada and other western

societies for many years. Complaints of racism and profiling have been so frequent and

widespread, there is little dispute the problems and practices exist. Increasingly there

have been allegations and proven incidences of disparate treatment, police brutality,

police abuse, police homicides and police torture. (see endnote 1) Once such incident

during which the use of torture was applied, involves a young man in New York City.

Most troubling about this incident, aside from the act itself, is the lack of response or

concern by other officers at the time of the occurrence and attempts to cover it up by

other officers.On August 9th, 1997, five New York City police officers beat and tortured Abner Louima, a Haitian immigrant. His ordeal began with him being brutally beaten on the streets of Brooklyn, by four police officers. Following his receipt of this savage beating by the officers for doing nothing more than denouncing previous improper conduct on their part, Louima was then placed in a patrol car where two more officers decided to carry out their own form of justice. First while enroute to the 70th Precinct for processing, they stopped their patrol car and savagely beat the handcuffed Louima. Before arriving at the Precinct for processing, the officers stopped their patrol car a second time and this time, along with a number of other officers, beat him so severely that on his arrival at the Precinct, the rear seat of the patrol car was covered in blood. Unfortunately, the worst of Louima’s ordeal was still to come. At the Precinct, Louima he was taken to a bathroom and was further beaten and ultimately held while a broomstick was forcibly shoved up his rectum, resulting in massive tearing and rupturing of his rectum and bladder. Following this torture, the offending officer, Officer Volpe, shoved the now feces and blood covered broomstick into his mouth. Equally telling and disturbing is the fact that despite Louima’s screams of agony, no interference or assistance was forthcoming from any of officers in the Precinct. In fact, one Sergeant Michael Bellomo was charged with orchestrating a cover-up of the incident and making false statements to the FBI agents who were investigating the case, in order to try and help the other officers involved, avoid being arrested.10

Other well-known instances where police use of force resulted in death or grievous

bodily harm include, but are not limited to, the cases of Michael Brown11 and Eric

10 Horowitz, C. (1999, October 1). An Officer and an Atrocity. Retrieved November 28, 2014, from http://nymag.com/nymetro/news/crimelaw/features/1265/11 Michael Brown was an 18 year old black male who was shot and killed by a white police officer on August 9 th, 2014 in Ferguson, Missouri. Following the questionable circumstances of his shooting and the failure of the Grand Jury to prefer an indictment, both peaceful and violent protests were held and much criticism was made of the Prosecutor and the Grand Jury system.

4

Garner.12 Furthermore, there have been countless Studies here in Ontario confirming that

racism and racial profiling not only exist but also are commonplace and institutionally

sanctioned certain practices. In an attempt to try and create parameters for action, the

Ontario Human Rights Commission [hereinafter OHRC] defines racial profiling as:. . . primarily originating in the United States, focus on law enforcement, the Ontario Human Rights Commission’s Terms of Reference define racial profiling more broadly to include any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment. The Commission has noted that profiling can occur because of a combination of the above factors and that age and/or gender can influence the experience of profiling.13

Furthermore, in an attempt to resolve any question concerning the existence of racial

profiling, both historically and currently, the OHRC made this comment.The existence of racial profilingThe Commission has consistently stated that the purpose of its racial profiling inquiry is not to prove or disprove the existence of racial profiling. It is the Commission’s view that previous inquiries have considered this and have found that it does occur.

Moreover, as discussed above, racial profiling is a form of racial stereotyping. As racial stereotyping and discrimination exists in society, it also exists in institutions such as law enforcement agencies, the education system, the criminal justice system etc., which are a microcosm of broader society.

Racial profiling has long been acknowledged to exist in other western nations, most notably the United States and Great Britain. In the absence of proactive measures to ensure that profiling does not take place in Ontario, there is no reasonable basis to assume that we are immune to the problem.

In addition to the logical reasons for concluding that racial profiling exists in Ontario, there have been numerous Studies which have confirmed differential treatment of racialized [sic] groups in different contexts. The African Canadian Legal Clinic has identified at least 15 reports issued since the 1970s dealing with police/minority relations in Canada. Early Ontario reports included those of the Walter Pitman Task Force (1977) and a 1979 Report by Gerald Emmett Cardinal Carter to the Civic Authorities of Metropolitan

12 On 17 July, 2014, Eric Garner, a 350 pound, 43 year old black male who was arrested for selling single cigarettes without a tax stamp. During his arrest he was placed in a prohibited choke hold and restrained on the ground by four officers. During the time he was on the ground, Garner complained 11 times that he could not breath, however the officers continued to keep him supine, face down on the ground. After losing consciousness, the officers rolled him onto his side where he remained for 7 minutes. Once EMT arrived, he was not given CPR and was pronounced dead on arrival at the hospital. As a result of his death, there have been over 50 demonstrations concerning the police actions, both as a result of the police actions and there not being an indictment preferred by a Grand Jury.13 What is racial profiling? (n.d.). Retrieved November 28, 2014, from http://www.ohrc.on.ca/en/paying-price-human-cost-racial-profiling/what-racial-profiling

5

Toronto and its Citizens. [emphasis added] 14

In 1988, the Solicitor General of Ontario appointed Clare Lewis as chair of the Race Relations and Policing Task Force. The Task Force’s 1989 report concluded that visible minorities believed they were policed differently: “They do not believe that they are policed fairly and they made a strong case for their view which cannot be ignored.” The Task Force found that racial minorities would like to participate in law enforcement and crime prevention but are “denied integration into community life when labelled [sic] as crime prone.” The report noted that the worst enemy of effective policing is the absence of public confidence and emphasized that police reliance on a “bad apple theory” to explain incidents does not help solve police race relations problems. The Task Force presented 57 recommendations to the Solicitor General covering monitoring, hiring and promotion, race relations training, use of force and community relations.

Stephen Lewis’ 1992 Report to the Premier on Racism in Ontario on the issue of police/visible minority relations concluded that visible minorities, particularly African Canadians, experienced discrimination in policing and the criminal justice system. Stephen Lewis recommended that the Task Force on Race Relations and Policing be reconstituted owing to perceived inadequacies with the implementation of the 57 recommendations in its 1989 report. A second report of the Task Force was published in November 1992, which examined the status of the implementation of the recommendations from the 1989 report and offered additional recommendations.

In 1992, the Ontario government also established the Commission on Systemic Racism in the Ontario Criminal Justice System. This Commission studied all facets of criminal justice and in December 1995 issued a 450 page report with recommendations.To date, this is the most comprehensive report on the issue of systemic racism in Ontario’s criminal justice system. The review confirmed the perception of racialized [sic] groups that they are not treated equally by criminal justice institutions. Moreover, the findings also showed that the concern was not limited to police.

In addition to the various task forces, social scientists, criminologists and other academics have studied racial profiling using different social science research methods. Some have used qualitative research techniques and field observations while others have employed quantitative research and examined official records. Regardless of the method used, these Studies have consistently showed that law enforcement agents profiled racial minorities.A.B.L.E., the Association of Black Law Enforcers acknowledges the existence of racial profiling:

A.B.L.E. acknowledges that the vast majority of Law Enforcement Officers in our Country perform their duties in a professional, honourable and ethical manner. We believe this because we are also these Officers. At the same time, we accept the presence of the Law Enforcement phenomenon known as Racial Profiling. As Black and Minority Officers, we live in two worlds that allows us to intimately understand the issues that affect our Community and our profession.

14 At para. 4. The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from http://www.ohrc.on.ca/en/book/export/html/2967

6

Ontario courts have also accepted the existence of racial profiling. For example, in a decision issued in April 2003, the Ontario Court of Appeal stated:

In the opening part of his submission before this court, counsel for the appellant [the Crown] said that he did not challenge the fact that the phenomenon of racial profiling by the police existed. This was a responsible position to take because, as counsel said, this conclusion is supported by significant social science research.

The Perception of ProfilingRegardless of whether profiling can be proven to occur in any given context, the widespread perception among racialized groups that it is occurring is cause for concern.Studies have shown that racialized persons perceive that racial profiling is affecting them and also that White persons also believe that visible minorities are treated worse, for example, by the police and criminal justice system. In a recent survey of Oakville’s Black youth aged 13 to 24, researchers were told that adults appear to brand them as troublemakers on the basis of “youthful indiscretions” more quickly than they do White kids doing comparable things. Similarly, they believe adults react differently to White and Black youth wearing the same type of clothing: White kids are assumed to be going through a “phase” while Black youth are more likely to be seen as potential criminals.

The perception of racial profiling is so strong that it has found its way into popular culture. Recent television shows have dealt with the subject as have movies and music. For example, in his song “Mr. Cab Driver”, popular African American rock artist Lenny Kravitz sings:“Mr. Cab Driver don't like the way I lookHe don't like dreads he thinks we're all crooksMr. Cab Driver reads too many story books”

There are many reasons why the perception of profiling is in itself of sufficient concern for the issue to be tackled. In a paper on community policing, Dr. Valerie Pruegger states:Police are a target for accusations of racism. This is a fact of life and the nature of the business. However, regardless of the accuracy of the charges, even the perception that the police are biased can lead to serious consequences in the larger and targeted communities. How the police respond can make a great deal of difference in gaining trust. Rather than reacting with defensiveness and denial, there needs to be a genuine attempt to work with racialized communities, to provide anti-racism training to police officers, and to have severe penalties for any breaches that will inevitably occur.

Police chiefs in the United States have acknowledged that it is important not to get bogged down in the debate over whether profiling occurs:Whether racial profiling by police officers is a matter of perception or reality loses significance when considering the widespread public belief in its existence and subsequent liability for law enforcement agencies that encounter allegations of racial profiling.... To restore public trust and improve community/police relationships, law enforcement agencies must address both the concerns of the community at large that are relevant to discriminatory policing, and the allegations of racial profiling made by ordinary citizens.

The experience of the United States has been that, whether practiced or simply a perception in any given community, racial profiling beliefs contribute to minority cynicism and mistrust towards the criminal justice system. The effects of these negative attitudes can include:

7

• People are less likely to cooperate with people they mistrust and may develop doubts regarding all aspects of the criminal justice system.• Individuals with these perceptions may respond inappropriately to law enforcement officers out of mistrust or may retaliate for past-perceived injustices. Situations may therefore escalate unnecessarily putting both the citizen and officer at risk of injury.• Safety concerns for officers and community members may be increased in hostile environments.• Left unchecked, mistrust towards the criminal justice system can lead to civil unrest.• It has even been suggested that mistrust of police can be the basis for acquittals in jury trials.

The perception of racialized groups that they are being profiled must also be addressed due to the psychological impact of this belief. In other words, the impact of racial profiling, as discussed below, has a social cost whether profiling can be proven to be occurring or whether it is based on people’s beliefs. It is therefore imperative that steps be taken to address the concerns raised.

An unwillingness to discuss community concerns about racial profiling, a denial of its existence or an unwillingness to implement measures to monitor whether it may be occurring and to prevent it, further undermines public confidence. A vicious cycle can be created where the perception of profiling is increased by a seeming unwillingness to address the concerns. The mistrust that is created has an impact on the ability of the relevant institution to carry out its mandate, as many institutions in society rely on public confidence to function effectively.As with any type of human interaction, not talking about racial profiling will not make the concerns go away. It will only exacerbate existing tensions. The denial of problems of this nature has been shown to have several effects. First, communities fear being rebuked and silenced if they are vocal about their concerns. There can be a real backlash against those who speak out as they are seen to be the cause of the problem. In addition, denial of a problem can lead to the phenomenon of blaming the victim. Therefore, rather than seeing a social problem as contributed to by the existence of racial discrimination, the fault is laid squarely at the feet of the group involved.

Many inquiry participants noted that people may find it hard to believe that racial profiling occurs when it has not happened to them and expressed a hope that ordinary Ontarians who have not experienced profiling and those in a position of power would listen to and keep an open mind regarding their concerns about profiling.

“It’s going to be hard to prove. If it doesn’t happen to the most powerful people in society, they won’t believe it” (T.M.)

“It would be interesting if the powers that be would at least listen to the comments coming out of the affected communities. An entire community cannot have the same impression and … all [be] deluded.” (R.M.)

“The issue of racial profiling should be taken very seriously. It is a widespread problem throughout many institutions, the criminal justice system, the medical system and the educational system. It is a destructive force in a diverse country like Canada, especially in large cities like Toronto.” (D.H.)

8

“[The racial profiling inquiry] to me means a controlled environment in which the people who feel offended … and … the people on the other side of the interaction can have a chance to dialogue in a not-heated, rational way. Because I think what I have seen in the media is a sense that it is a smear job on the Toronto police and that we are trying to tie their hands, as if Black people somehow aren’t offended by crime, as if we want to see criminals go free. We don’t want that. We want to go free.” (A.B.)

Recent progress has been made as several law enforcement officials have either acknowledged that profiling does occur, may occur or that the perception that it occurs must be addressed. For example, when announcing new guidelines concerning racial profiling, Kingston Police Chief Bill Closs is quoted as saying:Today we are setting an even higher standard for Kingston Police officers in that they are being asked to acknowledge and understand the existence of unlawful profiling/bias-based policing and the need to prevent it. While my officers and this service have never condoned this practice, the publicity generated by the allegations has cast a shadow over the Kingston Police. Racial profiling is not institutionalized in our service, but the perception cannot be ignored and police must respond to the reality or perception by going beyond denial and patronization.

The Ontario Provincial Police have announced a pilot project to equip 38 cruisers in Toronto and Kenora with in-car digital video cameras. This will allow the OPP to assess allegations of racially motivated misconduct with objective evidence.

Toronto Community Housing Corporation has commissioned an independent report of certain enforcement practices in response to concerns that staff were using the Trespass to Property Act in a manner that was discriminatory to Black youth. The report found that there was indeed a problem and Toronto Community Housing has implemented measures to remove and/or modify operational practices that have allowed systemic racism to occur. Toronto Community Housing has acknowledged that to address these concerns, it cannot work alone and has engaged the community, and youth in particular, to implement an action plan that responds to the report findings and recommendations. The action plan includes a thorough review of all enforcement-related policies, practices and procedures and outlines best practices that include:• clarifying and confirming enforcement policies and procedures for staff and community;• improved and more comprehensive mandatory training and measuring of security staff performance, especially in the area of diversity, human rights and equity;• comprehensive community and youth outreach including developing a community safety committee, information for residents on security protocols, rights and responsibilities; and• providing opportunities for youth involvement in the St. Jamestown (TCHC) community.The Windsor District Black Coalition reports working with the Windsor Chief of Police and making some progress in agreeing upon measures to address concerns with racial profiling in Windsor:• Regular consultation between the African Canadian community of Windsor, the Windsor Police Services administration and the Windsor Police Services Board to discuss matters raised by the African Canadian community and of mutual concern. Topics will include the number and type of complaints lodged by African Canadians about police encounters, community relations and minority recruitment strategies.• Complaint forms to be made more readily available at the Police Headquarters front desk and on the Police Service’s Web site.

9

• The Windsor Police Service will enforce its no tolerance policy on racial profiling, negative racial or cultural comments by police, the use of violence on handcuffed prisoners and harassment of complainants.• The Police Service and Coalition are working together to produce and widely distribute a pamphlet, outlining citizen’s rights.

Other initiatives are the subject of ongoing discussion between the police and the community.These types of efforts to acknowledge and address profiling concerns are to be commended and leveraged by these organizations. Others, in particular, should follow their example and learn from their best practices.15

Furthermore, thanks to the advent of modern technologies, such as cell phones with their

built in cameras and video recorders, and real time access to the internet and social

media, such as Facebook and Twitter, the exposure of the activities of not only the police

but also other government bodies, is occurring at an unprecedented level and has caused

each of them, not only to be held accountable like never before in history, but also

confirms the issue continues to be current and ongoing.

Here in Canada, modern technology has enabled the public at large to see for themselves,

many now well known incidents, involving what has often described as an excessive use

of force by the police. The most concerning incidents are those that result in the death of

the none police person where that person is either unarmed or it appears the police have

been too quick to use their firearms. The most recent incidents include the case of Sammy

Yatim16 and Robert Dziekanski.17 Of course, as the reader probably knows, there are a

greater number of these types of incidents occurring in the United States but Canada is

not without culpability. The public exposure through video, of incidents involving the use

15 The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from http://www.ohrc.on.ca/en/book/export/html/296716 On 27 July, 2013, 18 year old Sammy Yatim was on a streetcar in Toronto when for an unknown reason he pulled out a knife and ordered everybody off the streetcar. Once the police arrived, Yatim, although still alone in the vehicle, refused to put his knife down and was shot by a police officer, first 3 times and then another 5 times while he lay on the floor. About 30 seconds after being shot, and while still on the floor, Yatim was tasered numerous times. The whole event was video recorded by civilian witnesses at the scene. He was subsequently pronounced dead at the hospital and the officer responsible was subsequently charged with second-degree murder and attempted murder. In Canada, there is not a Grand Jury system however the officer has been committed to trial following a Preliminary Hearing.17 On October 14, 2007, 39 year old Robert Dziekanski arrived at Vancouver International Airport with the intention of immigrating from Poland to live with his mother. Speaking no English, he was unable to communicate with anybody at the hospital and became distraught after waiting many hours and not being able to find his mother and being redirected to numerous areas in the airport. Finally he became so agitated the RCMP was called and two officers arrived. Taking less than 30 seconds, the officers used a taser on Dziekanski, tazering him once and then at least 4 more times, while he was on the ground and handcuffed. The whole incident was video recorded by a witness using a cellular phone.

10

of deadly force and serious bodily harm is reflected by the concern expressed by the

public and the media. No longer is the public dependent on the word of the police or

other government authorities or even the media. Viewing of the incidents can now be

accomplished independently via the Internet and once published, there is no means of

censorship.

As for the desire for redress, this has been expressed by the many complaints, calls for

action and the Studies and Commissions that have been held as a result. Time and again

there have been Studies to examine issues of racism, racial profiling and race and gender

based, disparate treatment by the police.18 Most specifically, it has been the members of

the Afrikan Canadian diaspora and the Original Peoples communities who have been the

most strongly affected and hence the most vocal complainants.19

Intangibility of Issues

There can be little argument as to the intangibility of issues that exist in the complaints of

the Communities and Original peoples and the responses or lack thereof they receive. At

the heart of the issues is the demand and struggle for justice, equality and fairness. In

response is a denial of the substance of the complaints, the use of Studies or

Commissions acting as heat sinks,20 promises of action followed by inaction or taking

action for a short period of time followed by a return to the status quo. An example of the

use of a Study or Commission serving as a heat sink (whether by design or effect) can be

found in the fact that the 57 recommendations made in The Report of the Race Relations

and Policing Task Force21 had been so inadequately implemented, the Stephen Lewis’ 18 Appendix A: Major reports relevant to racial profiling and Aboriginal peoples. (n.d.). Retrieved November 30, 2014, from http://www.ohrc.on.ca/en/book/export/html/297219 The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from http://www.ohrc.on.ca/en/book/export/html/2967. In addition to the logical reasons for concluding that racial profiling exists in Ontario, there have been numerous studies, which have confirmed differential treatment of racialized groups in different contexts. The African Canadian Legal Clinic has identified at least 15 reports issued since the 1970s dealing with police/minority relations in Canada. Early Ontario reports included those of the Walter Pitman Task Force (1977) and a 1979 Report by Gerald Emmett Cardinal Carter to the Civic Authorities of Metropolitan Toronto and its Citizens.20 A heat sink is a passive devise, designed and used to cool off an electronic devise. In the context of a Study or Commission, I propose they serve, whether by design or effect, to allow the government to appear as though it is taking action to resolve a problem and by the time the Study or Commission is completed, it is hoped the political temperature will have cooled thus eliminating the need for the government to take what may be unpopular action.21 The Report of the Race Relations and Policing Task Force (Ontario, April 1989) (Chair: C. Lewis).

11

1992 Report to the Premier on Racism in Ontario recommended The Report of the Race

Relations and Policing Task Force be reconstituted due to perceived inadequacies with

the implementation of the 57 recommendations. A subsequent Report was published in

1992,22 the same year the Commission on Systemic Racism in the Ontario Criminal

Justice System23 was established which examined the status of the recommendations and

made some further recommendations.

Polarized Perceptions of Hostility and Enmity - Violent Destructive Behavior

The same aforementioned Studies make it very clear the Communities and Original

people feel targeted and that they are on the receiving end of injustice.“. . . visible minorities believed they were policed differently: “They do not believe that they are policed fairly and they made a strong case for their view which cannot be ignored.”24

In addition to the various task forces, social scientists, criminologists and other academics have studied racial profiling using different social science research methods. Some have used qualitative research techniques and field observations while others have employed quantitative research and examined official records. Regardless of the method used, these studies have consistently showed that law enforcement agents profiled racial minorities.25

As referenced in Endnote 19, “. . . there have been numerous studies confirming the

practice of differential treatment of racialized groups in different contexts.”

And yet there are some who deny it exists. This denial, particularly by persons with the

power and authority to make change, creates and heightens a mistrust of not only the

police, but also the criminal justice system and the government as a whole. Remarkably,

22 The Report of the Race Relations and Policing Task Force (Ontario, April 1992) (Chair: C. Lewis).23 The Commission on Systemic Racism in the Ontario Criminal Justice System (1992) (David Cole and Margaret Gittens).24 The Report of the Race Relations and Policing Task Force (Ontario, April 1989) (Chair: C. Lewis) at 14.25 See for example: S. Wortley, “The Usual Suspects: Race, Police Stops and Perceptions of Criminal Injustice” (Forthcoming in Criminology, paper presented at the 48th Annual Conference of the American Society of Criminology, November 1997); S. Wortley, Racial Differences in Customs Searches at Pearson International Airport: Results from a Pilot Survey (Report prepared for African Canadian Legal Clinic, 2002); C.E. James, “ ‘Up to No Good’: Black on the Streets and Encountering Police” in V. Satzewich, ed., Racism and Social Inequality in Canada: Concepts, Controversies & Strategies of Resistance (Toronto: Thompson Educational Publishing, 1998) 157.The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from http://www.ohrc.on.ca/en/paying-price-human-cost-racial-profiling/existence-racial-profiling#fn11

12

“A.B.L.E., the Association of Black Law Enforcers acknowledges the existence of racial

profiling . . .” 26

Whether racism and racial profiling exists in policing and the criminal justice system or is

imagined becomes irrelevant, due to a widespread belief that it in fact does exist. It is

difficult to convince someone who believes she or he has been the subject or knows

someone who has been the subject of racism or who believes people they personally

know someone who has experienced racism or racial profiling at the hands of the police,

that it does not exist. Hearing hundreds if not thousands of similar accounts from

unconnected people serves to convince even the strongest skeptic, if they are impartial.

The irrelevancy of denial is recognized by research and in some police and criminal

justice circles.Police are a target for accusations of racism. This is a fact of life and the nature of the business. However, regardless of the accuracy of the charges, even the perception that the police are biased can lead to serious consequences in the larger and targeted communities. How the police respond can make a great deal of difference in gaining trust. Rather than reacting with defensiveness and denial, there needs to be a genuine attempt to work with racialized communities, to provide anti-racism training to police officers, and to have severe penalties for any breaches that will inevitably occur.27

Whether racial profiling by police officers is a matter of perception or reality loses significance when considering the widespread public belief in its existence and subsequent liability for law enforcement agencies that encounter allegations of racial profiling.... To restore public trust and improve community/police relationships, law enforcement agencies must address both the concerns of the community at large that are relevant to discriminatory policing, and the allegations of racial profiling made by ordinary citizens.28

The experience of the United States has been that, whether practiced or simply a perception in any given community, racial profiling beliefs contribute to minority cynicism and mistrust towards the criminal justice system. The effects of these negative attitudes can include:29

26 The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from htto;//www.ohrc.on.ca/en/paying-price-human-cost-racial-profiling/existence-racial-profiling (para. 10).27 V. Pruegger, Community and Policing in Partnership, (Paper Developed for National Forum on Policing in a Multicultural Society, February 2003) at 8.28 R. Leach, Chief of Police, Riverside CA, Racial Profiling: A Police Manager’s Perspective (Paper for Risk Management Issues in Law Enforcement – A Public Entity Risk Institute Symposium, undated), online: <http://www.riskinstitute.org/symposiumdocs/RacialProfiling-PERISymposium....29 Lamberth Consulting, “Racial Profiling – Effect on Our Nation”, online: Lamberth Consulting <http://www.lamberthconsulting.com/research_nation.asp>

13

• People are less likely to cooperate with people they mistrust and may develop doubts regarding all aspects of the criminal justice system.• Individuals with these perceptions may respond inappropriately to law enforcement officers out of mistrust or may retaliate for past-perceived injustices. Situations may therefore escalate unnecessarily putting both the citizen and officer at risk of injury.• Safety concerns for officers and community members may be increased in hostile environments.• Left unchecked, mistrust towards the criminal justice system can lead to civil unrest.It has even been suggested that mistrust of police can be the basis for acquittals in jury trials.30

Failed Peacemaking Efforts

Without question, there are many stake holders who have made sincere efforts to try and

change the relationship and develop a healthier relationship with the Communities and

the Original people. Unfortunately, there has been little success. At the end of the day,

the police have remained the police and the necessary change in the police subculture has

been resistant and slow to develop.

As stated previously, the institution of Studies and Commissions, considering their

number and cost, have done little to assist and have, also as previously stated, served

more as heat sinks. The apparent reluctance to make use of their fact findings and

recommendations has only led to frustration and accusations by those being asked to

participate, tell their stories and make submissions.31

Conclusion

Is the conflict between the police and the Afrikan diaspora, the Original Peoples

communities and the other racial minorities an intractable conflict? It would appear so. At

times, it might not appear to be so. The fact that relative to other conflicts in other parts

of the world, this conflict is not marred by the kind of violence witnessed on the nightly

news. However, physical violence is not a necessary hallmark of intractable conflict. The

30 “Recent Verdicts Concern Officials” The Baltimore Sun (27 January 2001).31 As a Senior Researcher on the Commission on Systemic Racism in the Ontario Criminal Justice System, I was frequently asked, when attempting to solicit participants, “Why should I participate in the Commission studies? I participated in other Commissions and have not seen anything change.” Or some asked me, “What’s going to be different about this one?” Some even opined, “It’s a waste of my time.”

14

history of police/racial minority relations, the longevity of the negative relationship and

lack of trust between the sides, the failure of past attempts to resolve their differences, the

intangibility of the issues involved and the polarization created by them, all serve to

create a conflict that is very difficult to resolve. To date, neither side is really talking. The

affected communities are holding on to their mistrust and the police are maintaining their

positions of authority and are not willing to give any of it up.

What will it take to break this deadlock? Dialogue, active listening and the participation

of 3rd parties whom both sides trust and will listen to for guidance in the dialogue. Last of

all, the police will need to accept at face value, the perceptions and experiences of the

affected communities. In the words of the Chief Bill Closs of the Kingston, Ontario

Police Service;Today we are setting an even higher standard for Kingston Police officers in that they are being asked to acknowledge and understand the existence of unlawful profiling/bias-based policing and the need to prevent it. While my officers and this service have never condoned this practice, the publicity generated by the allegations has cast a shadow over the Kingston Police. Racial profiling is not institutionalized in our service, but the perception cannot be ignored and police must respond to the reality or perception by going beyond denial and patronization.32

32 G. McArthur & J. Pritchett, “It’s official: racial profiling banned” The Kingston Whig-Standard (16 May 2003).

15