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The evidence collected by the Ontario Human Rights Commission (OHRC) proves conclusively that Black people in Toronto are subjected to systemic anti-Black racism by the Toronto Police Service (TPS).

Concerns have persisted for decades. Members of Toronto’s Black community have repeatedly been the victims of discrimination by the TPS, including but not limited to over-policing, arbitrary stops and detention, carding, unlawful searches and seizures, overcharging, and the disproportionate use of force that in some cases resulted in the deaths of Black people.1

Over the years, the OHRC has challenged anti-Black racism in policing and advocated for fair and equal treatment of everyone by the TPS.2

Until recently, few people were willing to listen, including the TPS and the Toronto Police Services Board (TPSB). 

In 2017, using its unique public inquiry powers, the OHRC launched what it titled “An inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service” (Inquiry) – the first of its kind in Canada.

At the outset, the TPS, the TPSB and their leaders continued to deny there was racial profiling and racial discrimination in policing – dismissing these long-held concerns with “a few bad apples” excuse. This was also at a time when there was little or no race-based data collection to measure disparities and hold police services accountable.

The OHRC used its powers to obtain and analyze quantitative and qualitative data from the TPS, TPSB, and the Ontario Special Investigations Unit (SIU). This data was assessed together with the lived experiences of Black communities, information from roundtables, interviews and surveys, previous reviews and reports, and court and tribunal decisions.

The OHRC issued two interim reports, A Collective Impact (2018) and A Disparate Impact (2020). These reports proved overwhelmingly that Black people were more likely than others to be stopped, searched, arrested, charged, overcharged, struck, shot, and killed by the TPS. The existence of anti-Black racism by the TPS could no longer be denied.

In June 2022, following the interim reports and a TPS internal review, the TPS acknowledged that systemic racism has led to differential treatment and over-policing of racialized communities, particularly Black and Indigenous communities. Speaking at a news conference, then-Interim Police Chief James Ramer apologized and acknowledged the TPS must act to address this problem:

We must improve and we will do better … As challenging as our findings are, this day presents an opportunity for us to be better and to do better. In fact, because our legitimacy is tied to public trust, it tells us that we must be better. On behalf of my Command as the leaders of this organization, we take full responsibility.3

The TPS and TPSB have already taken some positive steps. They consulted with the OHRC on specific initiatives to begin to act on the Inquiry’s earlier findings. This includes passing a Policy on Race-Based Data Collection, Analysis and Public Reporting in 2019 (TPSB), analyzing and publishing data on use of force and strip searches in 2022 (TPS), and developing a new draft use-of-force policy (TPSB) and new use-of-force procedure (TPS) in 2022 that will emphasize de-escalation, require officers to intervene when they see other officers use inappropriate or excessive force, and prohibit chokeholds among other things.

The TPS and TPSB have also committed to and made progress on other reforms. These include mandatory training and education on anti-Black racism, expanding alternative responses to calls for service such as Mobile Crisis Intervention Teams (MCITS), accepting the Auditor General of Toronto’s recommendations from its 2022 review of calls for service,4 and making the TPSB’s Anti-Racism Advisory Panel (ARAP) a permanent advisory committee. The TPS and TPSB have also made further efforts to engage and consult with the OHRC.

While these reforms are welcome, more can and must be done to effect long-term, sustainable change. This final report, From Impact to Action, builds on our previous findings and identifies the ways in which current TPS culture, gaps in policies, procedures, training and education, and lack of accountability mechanisms contribute to systemic anti-Black racism. It identifies 107 recommendations for additional actions the TPS, TPSB and, in some cases, the Province of Ontario must take to address systemic anti-Black racism, ensure accountability, and ultimately improve outcomes for Black communities.

Policing is complex. The police are often called upon to deal with situations for which they are not equipped. The OHRC recognizes the TPS has “become the default response in some situations when alternative non-police responses are not in place or not available when needed.”5 The situations and circumstances faced by front-line officers daily can result in tremendous pressure and strain.

From Impact to Action identifies ways the police can be better prepared and supported in policies, procedures, training, education, and resources to protect against anti-Black racism in policing. It also recognizes the widespread consensus that some of the tasks that currently fall on TPS officers should be done by others with appropriate funding for these non-police responses.

This report builds on previous findings and recommendations by the OHRC and others. It reflects Black communities’ demands for change. It recognizes recent steps the TPS and TPSB have taken to begin addressing systemic racism and improving accountability. Most importantly, however, this report identifies where gaps still exist and what remains to be done by the TPS and TPSB to act on their promise to take full responsibility, do better, and move From Impact to Action.

 


 

Chapter 1 - Endnotes

 

[1] See Appendix 4 – Summary of reports.

[2] See Appendix 6 – Timeline of racial discrimination and racial profiling of Black persons by the Toronto Police Service and OHRC initiatives related to the Toronto Police.

[3] Ron Fanfaire, “Race-Based Data Shows Over-Policing,” Toronto Police Service (15 June 2022), online: https://www.tps.ca/media-centre/stories/race-based-data-shows-over-policing/.

[4] Beverly Romeo-Beehler, Auditor General of the City of Toronto, Toronto Police Service – Audit of 9-1-1 Public Safety Answering Point Operations: Better Support for Staff, Improved Information Management and Outcomes (14 June 2022), online (pdf): https://www.toronto.ca/legdocs/mmis/2022/au/bgrd/backgroundfile-228260.pdf.

[5] Beverly Romeo-Beehler, Auditor General of the City of Toronto, Review of Toronto Police Service – Opportunities to Support More Effective Responses to Calls for Service (14 June 2022), online (pdf): https://www.toronto.ca/legdocs/mmis/2022/au/bgrd/backgroundfile-228234.pdf.