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What is police carding?

What is Police Carding?

Introduction

Police carding, also known as pretextual stop or investigatory stop, is a policing practice that has sparked widespread controversy and debate. The term "carding" refers to the act of a police officer stopping, questioning, and collecting information from a person, typically without probable cause or suspicion of criminal activity. This article will delve into the definition, history, and implications of police carding, as well as its consequences for communities of color.

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What is Police Carding?

Police carding typically involves a brief encounter between a police officer and an individual, during which the officer asks the person for identification, proof of address, and other personal information. The officer may claim that they have a reason to stop the individual, such as suspicion of trespassing, jaywalking, or noise disturbance, but often no criminal charges are filed.

The Practice of Carding

Carding has been used by police officers for decades, but the practice gained widespread attention in the early 2000s with the rise of video cameras and social media. Many carding stops involve Black and Indigenous people, particularly in urban areas. According to the Ontario Human Rights Commission, between 2006 and 2012, 93% of carding stops in Toronto involved Black or Indigenous people.

The Legal Framework for Carding

The Legal Justification for Carding

In Canada, the legal justification for carding lies in the Charter of Rights and Freedoms, which states that police can stop and question individuals when there is a "reasonable suspicion" that they are involved in or have committed a crime. However, critics argue that this legal framework is vague and easily exploited by police officers to target marginalized communities.

The Problem with Carding

Carding has been criticized for perpetuating racial profiling, entrenching systemic racism, and creating a culture of fear and mistrust between law enforcement and the communities they serve. A 2017 report by the Ontario Human Rights Commission found that carding led to increased police presence and surveillance in Black and Indigenous communities, which in turn contributed to higher rates of arrest, criminalization, and incarceration.

The Impact of Carding on Communities of Color

Racial Profiling

Carding is often linked to racial profiling, which involves the assumption that an individual’s race or ethnicity is a factor in their suspected criminal behavior. Research has shown that Black people are more likely to be stopped, questioned, and searched by police than their white counterparts.

Community Trust and Legitimacy

The practice of carding erodes community trust and legitimacy in law enforcement. When police engage in carding, it can create the perception that they are using their powers to target specific groups, rather than uphold the law and protect everyone’s safety.

Negative Consequences

Carding has also been linked to higher rates of psychological distress, anxiety, and depression among Black and Indigenous people, as well as increased police militarization and surveillance in marginalized communities.

Recent Developments and Reforms

Reforms and Policy Changes

In recent years, there have been efforts to reform and dismantle the practice of carding. In 2017, the Ontario government passed legislation banning carding, effective January 1, 2018. Similar reforms have been implemented in other jurisdictions, including Toronto and Montreal.

Increased Transparency and Accountability

Some police services have also increased transparency and accountability measures to address concerns about carding. In Toronto, for example, the police service has implemented a new carding policy that requires officers to obtain the consent of individuals before collecting their information.

Conclusion

Police carding is a controversial policing practice that has significant implications for communities of color. The practice is often linked to racial profiling, entrenches systemic racism, and erodes community trust and legitimacy. While reforms have been implemented, more needs to be done to address the historical and ongoing harms caused by carding.

Recommendations

To address the issue of police carding, we recommend:

Banning carding: Prohibiting police officers from collecting information from individuals without reasonable suspicion or probable cause of criminal activity.
Increased transparency and accountability: Requiring police services to disclose information about carding stops, including the number of individuals stopped, their demographics, and the outcome of the stops.
Diversity and inclusion training: Providing police officers with training on racial profiling, systemic racism, and cultural diversity to improve their interactions with marginalized communities.
Community engagement and outreach: Encouraging police services to engage with and involve marginalized communities in the development of policies and practices aimed at building trust and legitimacy.

By addressing the issues surrounding police carding, we can work towards creating a more just and equitable society, where everyone feels safe and respected by the law enforcement agencies that are meant to serve and protect them.

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