THREE POLICE ETHICS COMMISSIONER'S DECISIONS ON RACIAL PROFILING FILED FOR REVIEW IN ONE MONTH

Montreal, November 16, 2011 --- In October alone, CRARR helped three racialized citizens file for review of the Police Ethics Commissioner's decisions on racial profiling before the Police Ethics Committee because of problems in the Commissioner's analysis and conclusion.

In a fourth case, involving a recent Committee decision that contains problematic interpretations of racial profiling, representations have been made to the Commissioner to appeal the decision to the Quebec Court.

“We can't tolerate a system that is ineffective in terms of protecting us from discrimination or that is biased against us and in favor of the police,” said one young Black Laval man who was stopped several times by the police because he drives his mother's car, and that the car is registered under the name of his mother with whom he lives.

In another case, the Commission rejected a complaint of police use of excessive force despite obvious contradictions in testimonies by the police and private security guards at a local university, including inconsistencies surrounding the length of the detention; the area where the arrest was made, and the description of the suspect's behaviors as well as race.

“Administrative and judicial appeals of decisions containing problematic, or incorrect, application of the law on racial discrimination and profiling, are inevitable” noted CRARR's Executive Director Fo Niemi.

“People show more distrust towards public institutions that are supposed to protect them from race discrimination but that do not do so because of systemic cultural incompetencies. The end result is that we have to spend time and energy on correcting or challenging these institutions' mistakes instead of working with them to prevent racial profiling in the public interest,” he added.

In September 2011, CRARR also helped Ms. Amal Asmar file for judicial review in Superior Court to challenge the Police Ethics Committee's decision on her Application for Review of the Commissioner's decision, both of which dismissed her claim of racial profiling in the way she was arrested and fine (see http://crarr.org/?q=node/19337).

Under the Quebec Police Act, the Police Ethics Commissioner delivers a written decision when a complaint is rejected. A complainant then has 30 days to file for an Application for Review before the Police Ethics Committee, an independent administrative tribunal. The Committee has several options: confirm the Commissioner's decision and close the file; set aside in whole or in part the decision; order the Commissioner to conduct an additional investigation, or order the Commissioner to bring the case before the Committee and cite the police officer for specific violations of the Code of Ethics for Police Officers.