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The Colour of Justice: Policing Race in Canada
The colour of justice in Canada is largely driven by stereotypical assumptions about crime and those who commit it. Over the last few years, the use of race, ethnicity, and religion as indicators of suspicion by the police and security officials has come under scrutiny. The focus, however, has largely been on the American experience. The Colour of Justice provides the first comprehensive look at racial profiling in Canada. Its aim is to foster understanding and reform. The book uses social science evidence, judicial decisions, commission findings, government and police documents, narratives, and media reports to provide the answers to the following When should policing be characterized as racial profiling? Why does it occur? How pervasive is it? What damage does it cause? Is it ever reasonable? How do we stop it? David M. Tanovich is one of Canada's leading experts in the area of systemic racism and criminal justice. As a lawyer, he argued the first appellate case to address racial profiling ( R. v. Richards ). As a law professor at the University of Windsor, he has written extensively in the area of racial profiling and has been invited across Canada to present his research. His work has been cited by Canadian courts, the Ontario Human Rights Commission, and academics in both Canada and the United States.
- GenresLaw
280 pages, Paperback
First published February 10, 2006
45 people want to read
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August 21, 2011
From www.golishlaw.com/comment//2006-04.htm
The problem of the racial profiling, principally by police agencies, is the subject of this thoughtful and well-researched book by local law professor David M. Tanovich. The Colour of Justice: Policing Race in Canada draws on academic, government and other research in the area of racial profiling. The author also looks to Canadian court cases that have addressed the subject and some anecdotal experiences to help illustrate the problem of profiling, common in this country and elsewhere. Tanovich, whose credentials include his work as appellate counsel in a number of important criminal cases, calls for reforms in law and police practices.
The starting premise of The Colour of Justice is that most racial profiling in Canada, notably of Blacks, persons of Muslim faith and Aboriginal individuals, is not rooted in an intention to marginalize. However, the consequences are the same and thus profiling is racism nonetheless.
David Tanovich highlights typical problems with police stops and investigations that on closer scrutiny are really based on race. For instance, a young Black male may be stopped purportedly first because he is in a high crime area and then in a middle class neighbourhood because he is "out of place." The statistics bear this out, that Black males are far more likely to be stopped by the police than their white counterparts. Tanovich moves on to consider the problems arising from security concerns in past the few years, the attacks of September 11, 2001, executed by seemingly well-spoken educated individuals of Muslim descent; the London subway bombings of 2005, the responsibility of British-born suburbanites of Muslim origin; and the recent spate of gun violence in Toronto, the majority of shooters being Black. The problem of profiling, therefore, has only got worse because these events have given more legitimacy to the practice of targeting individuals for suspicion largely because of their race. The book is full of examples: For instance, a police broadcast of a crime describes the perpetrator, in part, as a young black male, but the suspect arrested in the vicinity is considerably older, although also a black male. Then there was the fatal subway shooting of an innocent Brazilian male by police in London last summer.
The book suggests a number of reforms. I will not detail them, but suggest those interested should just buy the book or borrow it from the library.
Tanovich emphasizes the importance of data collection. He refers to Kingston police service Chief Bill Closs, who, after officers pulled a gun on a Black teenager during two different traffic stops, mandated the collection of race data on traffic stops. One other message he has for lawyers is that they consider the issue of race in appropriate circumstances when representing clients and that lawyers should not be shy about advancing a claim or defence.
This book makes the case for age-old standards, that police stops, investigations and security policies should be premised on intelligence gathering and objective observations of behavior, not on race. Tanovich offers a number of reasons for eradicating the practice of profiling, firstly because it is just and constitutionally-mandated and because the use of traditional criteria will actually result in a better use of resources. Moreover, he reminds us that the practice of profiling only serves to alienate communities whose intelligence base may be important to investigators.
This book is important because it is easy to forget that racism in any of its forms is still prevalent in this world. When the message from some quarters is that profiling is not only inevitable, but necessary, this book bravely challenges that claim. It calls to mind the "First they came from the communists" poem or sermon attributed to Rev. Martin Niemöller in 1937 Germany. The concern here is not only for those who are the target of profiling, but for all of us who value our civil liberties.
The problem of the racial profiling, principally by police agencies, is the subject of this thoughtful and well-researched book by local law professor David M. Tanovich. The Colour of Justice: Policing Race in Canada draws on academic, government and other research in the area of racial profiling. The author also looks to Canadian court cases that have addressed the subject and some anecdotal experiences to help illustrate the problem of profiling, common in this country and elsewhere. Tanovich, whose credentials include his work as appellate counsel in a number of important criminal cases, calls for reforms in law and police practices.
The starting premise of The Colour of Justice is that most racial profiling in Canada, notably of Blacks, persons of Muslim faith and Aboriginal individuals, is not rooted in an intention to marginalize. However, the consequences are the same and thus profiling is racism nonetheless.
David Tanovich highlights typical problems with police stops and investigations that on closer scrutiny are really based on race. For instance, a young Black male may be stopped purportedly first because he is in a high crime area and then in a middle class neighbourhood because he is "out of place." The statistics bear this out, that Black males are far more likely to be stopped by the police than their white counterparts. Tanovich moves on to consider the problems arising from security concerns in past the few years, the attacks of September 11, 2001, executed by seemingly well-spoken educated individuals of Muslim descent; the London subway bombings of 2005, the responsibility of British-born suburbanites of Muslim origin; and the recent spate of gun violence in Toronto, the majority of shooters being Black. The problem of profiling, therefore, has only got worse because these events have given more legitimacy to the practice of targeting individuals for suspicion largely because of their race. The book is full of examples: For instance, a police broadcast of a crime describes the perpetrator, in part, as a young black male, but the suspect arrested in the vicinity is considerably older, although also a black male. Then there was the fatal subway shooting of an innocent Brazilian male by police in London last summer.
The book suggests a number of reforms. I will not detail them, but suggest those interested should just buy the book or borrow it from the library.
Tanovich emphasizes the importance of data collection. He refers to Kingston police service Chief Bill Closs, who, after officers pulled a gun on a Black teenager during two different traffic stops, mandated the collection of race data on traffic stops. One other message he has for lawyers is that they consider the issue of race in appropriate circumstances when representing clients and that lawyers should not be shy about advancing a claim or defence.
This book makes the case for age-old standards, that police stops, investigations and security policies should be premised on intelligence gathering and objective observations of behavior, not on race. Tanovich offers a number of reasons for eradicating the practice of profiling, firstly because it is just and constitutionally-mandated and because the use of traditional criteria will actually result in a better use of resources. Moreover, he reminds us that the practice of profiling only serves to alienate communities whose intelligence base may be important to investigators.
This book is important because it is easy to forget that racism in any of its forms is still prevalent in this world. When the message from some quarters is that profiling is not only inevitable, but necessary, this book bravely challenges that claim. It calls to mind the "First they came from the communists" poem or sermon attributed to Rev. Martin Niemöller in 1937 Germany. The concern here is not only for those who are the target of profiling, but for all of us who value our civil liberties.
April 13, 2010
Required reading for every Canadian.
Displaying 1 - 2 of 2 reviews