Do Toronto Police Engage in Racial Profiling?

Abstract

On 19 October 2002 Toronto Star began a series of articles Race and Crime, (1) making claims that is different for blacks and whites (Singled 2002), Blacks arrested by Toronto police are treated more harshly than whites (Singled 2002), and that black drivers (Police target 2002: A1). Subsequent stories suggested that Toronto police were engaging in racial profiling, defined by Star as the practice of stopping people for little reason other than their skin colour (Police target 2002: A8). Published interviews with black community leaders and advocates added weight of anecdote and presumption to charges of racial profiling, and University of Toronto criminologist Scott Wortley, whose research has focused on race issues in criminal justice, deemed Star analysis evidence of what, until now, has been based largely on assumption (Singled 2002: A13). Representatives of police responded angrily, denying accusations of singling out blacks. The Toronto Police Service commissioned an independent review of Star's analysis by a prominent criminal lawyer (Alan Gold) and a University of Toronto sociology professor (Edward Harvey) (see Harvey and Liu 2003; Harvey 2003; Gold and Harvey 2003). Their review concluded that Star analysis was junk science and conclusions of articles completely unjustified, irresponsible and bogus slurs to be put down at once (Gold and Harvey 2003). The police went further and on 17 January 2003 launched a $2.7 billion class action libel suit on behalf of its 7,200 members (Police union 2003). The furor has since spread throughout Ontario criminal justice system, with judges, attorneys, crown prosecutors, and police officials making additional controversial statements supporting or refuting allegations of racial profiling in criminal justice system. The media have given considerable attention to issue, as befits its renewed prominence in public debate, but perhaps also in defence of one of their own. The debate is likely to be given further play in municipal, provincial, and federal election campaigns. Whatever else may come out of these events, it is already clear that Toronto Police Service has now joined ranks of North American police organizations that must now devote considerable effort to addressing accusations that they engage in racial profiling. The development of data collection and analysis systems to respond to accusations of racial bias in policing has become something of a growth industry in U.S. (e.g., Ramirez, McDevitt, and Farrell 2000; McMahon, Garner, Davis, and Kraus 2002; Fridell, Lunney, Diamond, and Kubu 2001: 118; Engel, Calnon, Bernard 2002: 250, 262-263). Widespread public belief that police engage in racial profiling undermines public confidence in police, as well as credibility of testimony and evidence submitted by police officers in criminal proceedings. It may now have become difficult to prosecute criminal cases involving accused persons from groups claiming police bias, without extensive expert testimony on issue of racial profiling. In Toronto (as elsewhere across North America), issue of racial profiling has become a significant threat to ability of police to maintain order, ensure public safety, and prosecute those accused of criminal offences. This issue also affects ability of courts to weigh evidence appropriately, assess criminal responsibility, and determine appropriate sanctions. The evidence for claims of racial profiling What evidence is there that Toronto Police engage in what is called racial profiling? The claims made by Toronto Star were based on newspaper's own analysis of arrest data from Toronto police's Criminal Information Processing System (CIPS), obtained under a freedom of information request. The data were recorded between late 1996 (when CIPS was first implemented on a trial basis) and early 2002. …