Predictive Policing and the Charter

Abstract

Predictive policing technology uses algorithms trained on past crime data to predict where crime is likely to occur in the future. Given the historical over-policing of minority and low-income communities, there is a concern that this bias will be perpetuated and amplified in the future if the algorithms are not corrected to account for this. Furthermore, there is a concern that when police are deployed to areas flagged as “high-crime,” they will rely on these predictions as justification for detaining individuals — leading to an erosion of s. 9 Charter protections. This paper draws on Canadian and American case law to argue that as long as courts uphold the individualized suspicion requirement for investigative detention, s. 9 rights will likely not be eroded. Given the widespread issues with validating the accuracy of predictive algorithms and the unwillingness of courts to allow generalized suspicion to justify detentions, these tools will likely be given limited weight in the reasonable suspicion analysis moving forward.