Hamilton·Point of View

Hamilton police should explain street checks and address community concerns

Ismael Traore, a member of Black, Brown, Red Lives Matter, argues Hamilton police need open up about their "street checks" and the address issues around race, privacy and rights.
Ismael Traore is a member of Black Brown Red Lives Matter. (Supplied by Ismael Traore)

Ismaël Traoré is a doctoral candidate at McMaster University with a focus on race and ethnicity. He is a member of Black, Brown, Red Lives Matter.

I believe that Hamilton Police Services engages in carding; this is clear-cut, and it has to stop.

Anti-racist advocates will be making a deputation to the Hamilton Police Service Board to advocate, among other things, that the practice of carding — what is called 'street checks by Hamilton police and other Ontario services — be ended by police.

Residents of Hamilton are invited to join on Thursday June 25 at 2pm at Hamilton City Hall, Council Chambers. 

I suggest a series of neighbourhood conversation events and a longitudinal study to hear stories of innocent and law-abiding persons who have felt hassled and mistreated.- Ismael Traore

In Hamilton, the ACTION Team—the foot-patrol and bike-patrol officers—that was launched in May 7, 2010, engages in street checks.

I believe this is unconstitutional for it violates Hamiltonians' Charter rights not to be arbitrarily detained and subjected to unreasonable search and seizure. Information collected during these encounters is then stored in a databank controlled by Hamilton police, which is a violation of our privacy rights.

Moreover, it has been shown in Toronto that officers disproportionately target the homeless, working class people, and especially persons of colour. 

With the Pan Am games in the horizon, carding will intensify. 

Reform coming 

The provincial government intends to reform "street checks". BBRLM's calls for the banning of carding but acknowledges this announcement, is pleased that Andrea Horwath has declared her NDP wishes to end carding, that Peel Police Chief Jennifer Evans has admitted to using "street checks", and that Mississauga Mayor Bonnie Crombie and Brampton Mayor Linda Jeffrey have moved a motion to review and bring changes to the PRP's practice of street checks.  

In Hamilton, in addition to anecdotes, evidence of street checks is aplenty. Page 4 of the HPS Action Strategy Annual 2013 Report, for instance, clearly includes 'ACTION Street Checks' and 'ACTION Community Contacts'. From May 2012 to March 2014, 18,569 street checks and 217,686 community contacts were performed.

On page 4 of a similar titled report but for 2014, for reasons unstated in the document, street check counts are absent.

Could street check now be included under community contacts?

On page 8 of HPSB's April 15 2013 public meeting notes, the ACTION Team mandate reads that "ACTION Officers are encouraged to talk to everyone, letting the public know about their community focused mandate. Officers carry ACTION Cards with them to provide to the public, the back of this card explains the ACTION mandate".

The wording is clear; everyone can be arbitrarily detained and questioned.  Moreover, with HPS coming under fire for creating a quota-culture for tickets, carding is surely impacted. 

Need to hear from those affected

BBRLM is not surprised that HPS is officially denying engaging in carding for fear it will incriminate and discredit itself.

Indeed, carding also drives away business, thus investment. Coun. Matthew Green of Ward 3, however, has heard of persons being stopped on the streets and questioned. I suggest a series of neighborhood conversation events and a longitudinal study to hear stories of innocent and law-abiding persons who have felt hassled and mistreated by some Hamilton police officers. 

In light of the provincial controversy around carding, BBRLM calls upon the HPSB to:

a) terminate carding 

b) expunge the current street checks data bank

c) enforce issuing of receipts for persons under investigation

d) enforce officers to tell suspects their rights to not answer or offer ID and that they are free to ask for a lawyer​

You can contact BBRLM at bbrlm@hotmail.com