OHRC’s mandate, past findings, and rationale for an inquiry into anti-Black racism in Toronto policing

The OHRC is mandated to promote and enforce human rights compliance and accountability, expose and challenge systemic discrimination, and examine incidents or conditions of tension or conflict from a human rights perspective. The OHRC does this through education, policy development, public inquiries, and strategic litigation.¹

The OHRC has a unique power to hold systemic inquiries in the public interest under section 31 of the Human Rights Code. This includes the power to request documents and data, question people on matters that may be relevant to an inquiry, and use the help of experts to analyze the information and issue findings and recommendations.²

The information obtained in a section 31 inquiry may be used as evidence in a proceeding before the Human Rights Tribunal of Ontario (HRTO). However, the OHRC does not have the same power as the HRTO to make legally binding findings of discrimination or to order remedies.

Combatting racial profiling and discrimination in policing has been at the core of the OHRC’s work for almost 20 years. The OHRC has issued multiple reports identifying and seeking to eliminate racial discrimination in policing. They include:

2003: Paying the Price, a report that defined racial profiling and described its effects³

2017: Under Suspicion, a research and consultation report on racial profiling⁴ 

2019: Policy on eliminating racial profiling in law enforcement⁵ 

2021: Framework for change to address systemic racism in policing,⁶ which calls on Ontario to establish a legislative and regulatory framework to directly address systemic racial discrimination in policing across the province.⁷

The OHRC has created resources to help police services identify, monitor, and reduce racial discrimination, including guides to collecting human rights-based data and creating organizational change.

The OHRC has made submissions to the government and independent reviewers advocating for changes in laws to promote accountability for systemic discrimination in policing, address street checks (also known as carding), and make communities safer.⁸ In 2022, the OHRC provided a submission to the Solicitor General on human rights-based data collection, analysis, and reporting on use of force.⁹ Over the years, the OHRC has also engaged in strategic litigation challenging racial discrimination in policing.¹⁰

The OHRC has worked directly with the TPS and TPSB on issues of discrimination. In 2007, the OHRC entered into a three-year Human Rights Project Charter (Project Charter) with the TPS and TPSB, which aimed to embed human rights in all aspects of police operations.¹¹ The OHRC’s role was to “provide advice to the TPSB and TPS regarding their ongoing change initiatives, assist in the development of target change objectives, and to report on the progress of the TPSB and the TPS in relation to these initiatives.”¹²

The OHRC did not have control over developing, prioritizing, or implementing the recommendations. As a result, the Project Charter did not enhance independent monitoring or accountability for systemic racial discrimination.

The OHRC was involved with the TPS throughout various stages of the Police and Community Engagement Review (PACER), which began in 2012 and led to a 2013 report that identified 31 recommendations intended to ensure fair and bias-free policing.¹³ When the report was released, the OHRC took part in a community consultation committee to support implementing the report’s recommendations, and provided direct input into specific initiatives that emerged. The OHRC’s participation on the committee continued until 2018. Before and during the Inquiry, the OHRC made deputations urging the TPSB to address racial discrimination.¹⁴

In 2017, the OHRC launched this extensive Inquiry into racial discrimination and racial profiling by the Toronto police because, despite previous efforts by the OHRC and sustained pressure from Black communities, the TPS had failed to make substantial progress.¹⁵

The Inquiry focused on the TPS because it is the largest municipal police service in Canada,¹⁶ and Toronto is home to the largest Black population in Canada.¹⁷ However, the OHRC recognizes there is systemic racism in policing across Ontario¹⁸ affecting more than just Black communities, and that the TPS and TPSB have pledged to be leaders in change.¹⁹ This is noteworthy because the OHRC expects that this report will have an impact on policing beyond Toronto and Black communities.

The TPS and TPSB have taken important steps since the Inquiry was launched to implement many of the policies and procedures recommended by the OHRC and others to eliminate anti-Black racism in policing. This report provides additional recommendations to the police to further guide and support them in making the necessary changes.

 

The Inquiry experts

The OHRC retained Dr. Scot Wortley (Professor and Graduate Coordinator, Centre for Criminology & Sociolegal Studies, University of Toronto) to provide expert assistance with the Inquiry.

Dr. Wortley’s expertise includes racial profiling and social science methodology. His research on race and policing has been published extensively, including in peer-reviewed journals.²⁰ He has worked with public sector institutions, including the Commission on Systemic Racism in the Ontario Criminal Justice System, the Ontario Roots of Youth Violence Inquiry, the Ontario Anti-Racism Directorate, and the Nova Scotia Human Rights Commission.²¹ Dr. Wortley has worked with the Halifax police and police services to study racial disparities. Dr. Wortley has also been qualified as an expert witness by the Ontario Superior Court of Justice, Canadian Human Rights Tribunal, and HRTO.²²

Dr. Wortley was assisted by Dr. Ayobami Laniyonu²³ (Assistant Professor, Centre for Criminology and Sociolegal Studies, University of Toronto) and Erick Laming²⁴ (PhD student, Centre for Criminology and Sociolegal Studies, University of Toronto) in analyzing use-of-force data, and by Dr. Maria Jung²⁵ (Assistant Professor, Faculty of Criminology, Toronto Metropolitan University) in analyzing arrest, charge, and release data. The OHRC also independently retained Dr. Jung to review a coding error that affected the multivariate analysis of use of force in A Disparate Impact, which has since been corrected – see link in footnote.²⁶

 

Information-gathering from the police and Special Investigations Unit

The OHRC requested a broad range of documents and data from the TPS, TPSB, and Special Investigations Unit (SIU) for the period between January 1, 2010 and June 30, 2017.²⁷ The Inquiry focused on particular activities during this period to determine their impact on Black communities, including stop-and-search practices, use of force, arrests and charges, and forms and conditions of release for various offence categories. The OHRC also examined post-2017 data on TPS stop-and-question practices, as well as the TPS’s analysis of 2020 race-based data on use of force and strip searches. 

The OHRC reviewed case law, policies, procedures, training documents, anti-racism initiatives, accountability mechanisms, and TPS and TPSB reports. This included thousands of pages of TPS and TPSB documents. The references to TPS and TPSB initiatives and materials in this report are current at time of writing (July 2023). However, we recognize that the TPS or TPSB may have updated relevant initiatives or undertaken new ones that are not reflected in this report.

The OHRC interviewed members of TPS senior command, including former Chief of Police Mark Saunders, former Interim Chief James Ramer, and current Chief Myron Demkiw (who at the time was Staff Superintendent of Corporate Risk Management), a former member of the TPSB, and the Chair and Executive Director of the TPSB. The TPSB also provided written responses to OHRC questions. The OHRC interviewed the civilian Co-Chairs of the TPSB’s Mental Health and Addictions Advisory Panel (MHAAC) and the former Community Co-Chair of the TPSB’s Anti-Racism Advisory Panel (ARAP). 

In December 2019 and March 2021, the OHRC invited TPS officers to share their thoughts on the Inquiry and related areas. Only five officers agreed to be interviewed or provided detailed feedback. The OHRC also interviewed two former officers and one current officer who responded to the OHRC’s public call at the Inquiry launch in 2017.

In 2022, the OHRC sent the TPA – the organization that represents “almost 8,000 uniform and civilian members of the TPS”[28]  – a series of questions and received a written response. The OHRC then held a roundtable interview with senior TPA leadership. 

The OHRC conducted a confidential and voluntary online survey of TPS uniform officers below the rank of inspector. The survey was open between October 12 and 26, 2022. Officers were invited to share their perspectives on issues of racism, particularly anti-Black racism, both within the TPS and in officer interactions with civilians. One hundred and thirteen officers provided complete responses to the survey.

Uniform and civilian members of the Black Internal Support Network (BISN), an employee resource group of the TPS, were interviewed. Interviews explored BISN members’ experiences of anti-Black racism within the TPS, police culture, training, policies, procedures, accountability mechanisms relating to racial profiling and discrimination, and the relationship between the TPS and Black communities.

The OHRC provided the TPS and TPSB with a confidential draft copy of this report for their review and response prior to its release.

The OHRC appreciates the participation of rank-and-file officers, including Black officers, who shared their perspectives. We would also like to thank the TPS, TPSB, and TPA leadership and the volunteers who make up their advisory committees, including the TPSB’s Anti-Racism Advisory Panel (ARAP) and Mental Health and Addictions Advisory Committee (MHAAP), for their time and cooperation with the Inquiry. 

 

Outreach to Black communities and organizations

At the Inquiry launch, the OHRC committed to “receive information from affected individuals, interested groups and organizations.”²⁹ This included members of Black communities, Black community and advocacy groups, and Black police officers.³⁰

Working with several organizations across Toronto that serve Black communities and/or challenge anti-Black racism, the OHRC held focus groups and gathered Black persons’ lived experiences with the TPS that fell within the scope of the Inquiry. The OHRC met with approximately 190 individuals from Black communities. Their experiences and perspectives on how the Toronto police should address anti-Black racism are described throughout this report.

Organizations that assisted with outreach included:

• Across Boundaries
• Black Action Defence Committee
• Black Legal Action Centre
• Black Muslim Initiative
• Canadian Association of Black Lawyers (CABL)
• Canadian Civil Liberties Association
• Centre Francophone du Grand Toronto
• Colour of Poverty – Colour of Change
• Community Legal Aid Services Program of Osgoode Hall Law School
• For Youth Initiative
• Human Rights Legal Support Centre
• Jamaican Canadian Association
• Midaynta Community Services
• Ontario Justice Education Network
• Provincial Advocate for Children and Youth & HairStory (since discontinued)
• Rathburn Area Youth Program
• Rexdale Community Hub
• Rexdale Community Legal Clinic
• Success Beyond Limits
• Urban Alliance on Race Relations.

The OHRC also consulted with Black community leaders on its recommendations to the TPS and TPSB. The questions for each consultation were tailored to the knowledge and expertise of each community leader/organization. Leaders included:

• Fareeda Adam (Lawyer, Black Legal Action Centre)
• Brittany Amofah (Board member, Urban Alliance on Race Relations)
• Jacqueline Edwards (President, Association of Black Law Enforcers)
• Louis March (Founder, Zero Gun Violence)
• Samantha Peters (Lawyer, researcher and educator at the University of Ottawa Faculty of Law)
• Aseefa Sarang (Across Boundaries)
• Dr. Sam Tecle (Jane-Finch Action Against Poverty/Toronto Metropolitan University
• Lori Anne Thomas (then-President, CABL, before being appointed to the Ontario Court of Justice) and Jaqueline Beckles (Secretary, CABL).

For some participants, recounting their experiences meant reliving trauma. And for many, the Inquiry represented yet another attempt to study anti-Black racism in policing, which contributes to “study fatigue.” The OHRC is grateful for the time, patience, participation, strength, and courage of members of Black communities who spoke to us, and is committed to ensuring this report results in real change.

 

Research and roundtable

In May 2022, the OHRC, TPS and TPSB held a policy roundtable to discuss important systemic issues identified during the Inquiry, and to consider recommendations for change.

Participants included community members, government, policing, other stakeholders, academics and additional experts. Issues explored included: discipline, data collection, training and education, the nature and extent of discriminatory exercise of discretion and the role of Crown counsel, use of force, accountability, and enforcement mechanisms. 

The OHRC also conducted follow-up interviews with some roundtable participants to gather additional information and perspectives. They included:

• Roy Austin Jr. (Vice President of Civil Rights, Deputy General Counsel and former Deputy Assistant Attorney General of the Civil Rights Division of the U.S. Department of Justice)
• Paul Bailey (Executive Director, Black Health Alliance)
• Nigel Barriffe (President, Urban Alliance on Race Relations)
• David Bosveld (Founder, Black Education Fund)
• Sarah Caldwell (then-Director of Community Safety and Intergovernmental Affairs, Ontario Ministry of the Solicitor General)
• Jennifer Chambers (Executive Director, Empowerment Council)
• James Cornish (Strategic Advisor, TPS)
• Myron Demkiw (then-Acting Deputy Chief, TPS)
• Abby Deshman (Lawyer & Director of the Criminal Justice Program, Canadian Civil Liberties Association)
• Paula Di Nota, PhD (Post-Doctoral Research Fellow, University of Toronto)
• Danielle Dowdy (Senior Advisor, TPSB)
• Nishan Duraiappah (Chief, Peel Regional Police)
• Jacqueline Edwards (President, Association of Black Law Enforcers)
• Todd Foglesong (Fellow-in-Residence, Munk School of Global Affairs & Public Policy)
• Nadia Gouveia (Acting Chief Operating Officer, Toronto Community Housing)
• Jim Hart (then-Chair, TPSB)
• Dan Kinsella (Chief, Halifax Regional Police)
• Patricia Kosseim (Ontario Information Privacy Commissioner)
• Bryan Larkin (then-Chief of Police, Waterloo Regional Police Service)
• Stephen Leach (Director, Ontario Independent Police Review)
• Andrew Locke (Director, Crown Operations, Ontario Ministry of the Attorney General)
• Andy Marsh (Chief Constable and Chief Executive Officer, U.K. College of Policing)
• Stephen McCammon (Legal Counsel, Ontario Information Privacy Commission)
• Antje McNeely (Chief, Kingston Police Service)
• Stephen Menseh (Executive Director, Toronto Youth Council)
• Ainsworth Morgan (then- Co-Chair, TPS ARAP)
• Anthony Morgan (then- Co-Chair, TPS ARAP)
• Anthony Odoardi (Deputy Chief, Peel Regional Police)
• Kike Ojo-Thompson (EDI Consultant, Executive Director of KOJO Institute)
• James Ramer (then-Chief of Police, TPS)
• Clinton Reid (Founder, Collective Impact)
• Jon Reid (President, TPA)
• Declan Sullivan (Program Associate, Georgetown Law Center for Innovations in Community Safety)
• Dr. Sam Tecle (Assistant Professor of Sociology, Toronto Metropolitan University)
• Moya Teklu (then-Executive Director, Black Legal Action Centre)
• Ryan Teschner (then- Executive Director and Chief of Staff, TPSB)
• Matt Torigian (Distinguished Fellow, Munk School of Global Affairs and former Chief of Police for Waterloo Regional Police Service)
• Larry Vieira (General Counsel, TPA)
• Ken Weatherill (Inspector of General Policing, Ministry of the Solicitor General)
• Ian Williams (Director of Information Management, TPS)
• Nana Yanful (Legal Director of Black Legal Action Centre).
• Prior to the roundtable, the OHRC also interviewed Joseph Martino, Director of the SIU.

The OHRC researched best practices from Canada, the United States, and the United Kingdom to identify, monitor, and address racial profiling, racial discrimination, and anti-Black racism in policing. This included reviewing recommendations made by previous inquests and reports.

For more information about the Inquiry scope and process, see Appendices 5 (Methodology), 7 (Terms of reference), and 10 (Inquiry letters).

 

Progress during the Inquiry

In 2018, the OHRC released its interim report, A Collective Impact. It analyzed the data the OHRC had obtained from the SIU and found that Black people were overrepresented in use-of-force cases involving serious injury, shootings, deadly encounters, and fatal shootings.

A Collective Impact reviewed court and tribunal findings of racial discrimination by the TPS. It also reviewed SIU Director Reports that raised concerns of potential TPS officer misconduct such as illegal stops and/or detentions at the beginning of civilian encounters, inappropriate or unjustified searches, meritless charges, and lack of police cooperation during SIU investigations.

A Collective Impact also included the results of the OHRC’s consultation with 130 members of Black communities across Toronto. It documented Black communities’ fear, trauma, expectations of negative treatment, and lack of trust of the police.

The findings in this first report were very troubling and continue to garner public attention. In R v Le, the Supreme Court of Canada recognized A Collective Impact as credible and highly authoritative.³¹ In R v Morris, the Court of Appeal for Ontario cited A Collective Impact when recognizing anti-Black racism in the criminal justice system.³²

In response to A Collective Impact, the TPS and TPSB recognized that:

There are those within Toronto’s Black communities who feel that, because of the colour of their skin, the police, including when it comes to use of force, have at times, treated them differently.³³

The OHRC is pleased that the TPSB accepted the OHRC’s recommendation to collect and publicly report race-based data. The TPSB consulted with the OHRC and communities, and in 2019 passed its Policy on Race-Based Data Collection, Analysis and Public Reporting, which requires race-based data collection, analysis, and reporting on a wide variety of interactions.³⁴

In August 2020, the OHRC released its second interim report. A Disparate Impact looked at racial disparities in charges and arrests between 2013 and 2017 for offences that involve significant police discretion. It found that Black people were grossly³⁵ overrepresented in discretionary, lower-level charges.

A Disparate Impact also analyzed lower-level uses of force between 2016 and 2017, and found that Black people were markedly more likely to experience all types of police use of force compared to their White counterparts. These gross racial disparities remained after controlling for patrol zone characteristics, including violent crime rate, median household income, and proportion of single-mother households.

When A Disparate Impact was released, there was broader momentum in acknowledging anti-Black racism in policing. The murder of George Floyd in the United States a few months prior had awakened public consciousness and forced many police services to acknowledge systemic racism.

In the face of those events, the TPSB conducted a series of town halls and adopted 81 recommendations from its 2020 report on Police Reform in Toronto: Systemic Racism, Alternative Community Safety and Crisis Response Models and Building New Confidence in Public Safety (Police Reform Report).³⁶ 

In 2021, the TPSB also welcomed the OHRC’s release of its Framework for change to address systemic racism in policing, which called for urgent provincial leadership to address systemic racial discrimination in policing across the province. The TPSB “applaud[ed] the recognition by the OHRC that some of the systemic issues in policing require the engagement of other levels of governments that hold the required legislative levers.”³⁷

In 2022, the TPS released its analysis of its 2020 race-based data on use of force. The TPS went beyond what was required in the Anti-Racism Act and, as noted earlier, acknowledged and apologized for systemic racism and committed to do better.

The TPS introduced 38 new action items as “one part” of their commitment to reduce disparate outcomes. These include mandatory reviews of body-worn and in-car camera footage for all use-of-force incidents. Another initiative is incorporating anti-racism and unconscious bias elements into scenario-based and dynamic training that emphasize de-escalating a situation before resorting to force.³⁸

The TPS and TPSB have also adopted a more collaborative and consultative approach with communities and the OHRC. During the Inquiry, the TPS and/or the TPSB consulted the OHRC on, among other things:

• TPSB’s policy on race-based data collection, analysis and reporting

• TPS’s analysis of 2020 race-based data on use of force and strip searches, and the TPS’s resulting action items

• TPSB’s policy and TPS’s procedure on body-worn cameras

• TPSB’s policy on the use of artificial intelligence technology

• TPS’s new use-of-force procedure and TPSB’s draft-use-of-force policy.

The OHRC continues to monitor progress by the TPS and TPSB on the steps they have agreed to take to address systemic anti-Black racism in policing.

These developments are a positive beginning. This report identifies recommendations for many additional important changes that the TPS and TPSB must commit to if anti-Black racism in policing is to be demonstrably reduced or eliminated.

 

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Chapter 2 Endnotes