Appendix C: Recommendations to combat and prevent racial profiling
The OHRC has made many recommendations over several years to address racial profiling. These are documented in our submissions to government ministries, police services and others, and in our 2003 inquiry report, Paying the price. Many of these recommendations are specific to policing, but others pertain more broadly to all organizations or institutions that may have a problem with racial profiling.
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Appendix B: Survey demographic information
This section provides information on the demographics of survey respondents who took the racial profiling survey.
1. Region
Table 11. Region where respondent lives
by first letter in respondent’s postal code
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Appendix A: Consultation participants
Organizations
Aboriginal Justice Strategy, Legal Aid Ontario (LAO)
Aboriginal Legal Services (ALS)
African Canadian Legal Clinic (ACLC)
Black Law Students' Association (BLSA), Osgoode Hall Law School
Black Lives Matter - Toronto (BLM - TO)
Canadian Human Rights Commission (CHRC)
Canadian Mental Health Association Ontario (CMHA Ontario)
Centre for Human Rights, Equity and Inclusion (REI), York University
Colour of Poverty
Hamilton Community Legal Clinic
Hamilton Police Service (HPS)
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4. Summary of key themes and next steps
4.1. Key themes
The widespread nature of incidents of racial profiling reported during the consultation, along with a growing body of case law and social science and legal research, confirms that racial profiling exists and is a broad concern shared by many Ontarians.
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3. What we heard
3.1. Racial profiling trends and experiences
We heard many reports about racial profiling from individuals, community groups, academics and others. This section is divided into two parts. The first outlines the results from our racial profiling survey related to:
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2. Why examine racial profiling?
Racial profiling is a specific type of racial discrimination that pertains to safety and security. The OHRC currently defines racial profiling as:
[A]ny 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.[22]
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1. Introduction
…[R]acial profiling occurs and is a day-to-day reality in the lives of those minorities affected by it.
…[R]acial profiling cannot be tolerated. It is offensive to fundamental concepts of equality and the human dignity of those who are subject to negative stereotyping. It fuels negative and destructive racial stereotyping of those who are subjected to profiling.
Under suspicion: Frequently asked questions
What is racial profiling?
Racial profiling is a specific type of racial discrimination that pertains to safety and security. The OHRC currently defines racial profiling as:
[A]ny 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.
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Under suspicion: Concerns about racial profiling by police
Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates peoples’ rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. However, it is often directed at First Nations, Métis, Inuit and other Indigenous peoples, Muslims, Arabs, West Asians and Black people, and is often influenced by the negative stereotypes that people in these communities face.
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Under suspicion: Concerns about racial profiling in education
Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates peoples’ rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. However, it is often directed at First Nations, Métis, Inuit and other Indigenous peoples, Muslims, Arabs, West Asians and Black people, and is often influenced by the negative stereotypes that people in these communities face.
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Under suspicion: Issues raised by Indigenous peoples
Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates people’s rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. It is often directed at First Nations, Métis, Inuit and other Indigenous peoples, as well as people in racialized communities. It is often influenced by the distinctly negative stereotypes that people in these communities face.
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Under suspicion: Concerns about child welfare
Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates people’s rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. However, it is often directed at First Nations, Métis, Inuit and other Indigenous peoples, Muslims, Arabs, West Asians and Black people, and is often influenced by the negative stereotypes that people in these communities face.
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Systemic discrimination in the criminal justice system: OHRC letter to Attorney General Naqvi
April 19, 2017 - Dear Minister Naqvi, we are writing today to ask you to work with your federal-provincial-territorial (FPT) counterparts to develop a national, whole-of-government action plan to address the systemic issues that have led to the over-representation of Black and First Nations, Métis, and Inuit (Indigenous) people, and those with mental health and developmental disabilities in the criminal justice system (national action plan).
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OHRC settlement opens door to more inclusive Toronto Police Service Memorial Wall
Toronto – As a result of a legal settlement between the Ontario Human Rights Commission (OHRC), Toronto Police Service (TPS) and Toronto Police Services Board (TPSB), officers who die from mental health injuries – not just physical ones – sustained in the line of duty will have equal opportunity to have their names included on the Toronto Police Service’s Memorial Wall.
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Settlement relating to Toronto Police Service Memorial Wall
November 11, 2015 - the Ontario Human Rights Commission (OHRC) filed an Application with the Human Rights Tribunal of Ontario (HRTO) alleging discrimination in employment based on disability because of the Toronto Police Service’s (TPS) failure to include on its Memorial Wall officers who end their lives as a result of a mental health disability incurred in the line of duty. On April 18, 2017 a settlement was reached with the following terms...
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Under suspicion: Research and consultation report on racial profiling in Ontario
May 3, 2017 - During the consultation, we heard many perspectives and experiences. We heard concerns about racialized and Indigenous peoples being subjected to unwarranted surveillance, investigation and other forms of scrutiny, punitive actions and heavy-handed treatment. We also tried to explore other, less well-understood forms of racial profiling, which may be systemic in nature. This report presents what we learned about institutional policies, practices, prediction and assessment tools, and decision-making processes, which may seem neutral but may nonetheless amount to systemic racial profiling.
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Independent Police Oversight Review: OHRC calls for implementation of recommendations and a renewed commitment to address systemic discrimination
Toronto – The Ontario Human Rights Commission (OHRC) has long been concerned with systemic discrimination in policing, which is a lived reality for many Ontarians. The result is mistrust that undermines effective policing and ultimately public safety.
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Submission regarding Bill 89, Supporting Children, Youth and Families Act, 2017
April 3, 2017 - The Ontario Human Rights Commission (OHRC) welcomes the introduction of Bill 89, Supporting Children, Youth and Families Act, 2017. The Bill responds to human rights concerns raised by the OHRC about various aspects of Ontario’s child welfare system,[1] including the overrepresentation of Indigenous and racialized children and youth in Ontario’s child welfare system.
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Policy statement on religious accommodation in schools
The Ontario Human Rights Commission has released a Policy statement on religious accommodation in schools.
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Policy statement on religious accommodation in schools
March 2017 - Education providers are responsible for many things, including delivering a curriculum, managing the various other aspects of educational services, ensuring student safety, fostering pluralistic environments that respect human rights, and managing tension and conflict as they arise in the school setting. Schools ought to be a place for healthy discussions about acceptance and where a diversity of views can co-exist. Educators should communicate messages about difference in a fair and respectful manner and be sensitive to the views of everyone protected by the Ontario Human Rights Code. Students, staff and parents should realize that they cannot reasonably expect their own views and beliefs to be respected if they are not willing to respect the views and beliefs of others.
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Letter to Mayor of Sioux Lookout re: Indigenous reconciliation
March 30, 2017 - Dear Mayor Lawrance, thank you for meeting with us on February 15th. It was a pleasure meeting you and discussing the serious work of reconciliation being undertaken by you and the City of Sioux Lookout.
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Letter to Mayor of Kenora re: Indigenous reconciliation
March 30, 2017 - Dear Mayor Canfield, thank you for taking the time to meet with us on February 15 in Kenora. As you know, we met with various members of the local Indigenous community at the Ne-Chee Friendship Centre, visited the Kenora Jail and met with Treaty 3 Grand Chief Francis Kavanaugh. During these visits we heard about challenges faced by Indigenous people related to education, child welfare, policing, corrections, and housing.
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New OHRC report says sexualized dress codes “not on the menu”
To coincide with International Women’s Day, the Ontario Human Rights Commission (OHRC) has released a new report that outlines commitments made by many of Ontario’s largest and most well-known restaurant chains to eliminate discriminatory dress codes for restaurant staff. Not on the Menu: Inquiry report on sexual and gender-based dress codes in Ontario’s restaurants outlines findings from an inquiry into dress codes at certain restaurants operating across Ontario.
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Re: MCSCS Corrections Reform - Findings from Tour of Kenora Jail
February 28, 2017 - Dear Minister Lalonde, I am writing today to provide you with a summary of what we learned. There are some issues that appear unique to the Kenora Jail that raise human rights concerns and warrant further consideration and action on the part of the Ministry of Community Safety and Correctional Services (MCSCS). I look forward to discussing these issues further at our upcoming meeting scheduled for early March.
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Positive practices
Some of the positive and most common changes restaurant companies made to their dress code and related policies were:
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