The effects of racial profiling

To those who have not experienced racial profiling or do not know someone who has, it may seem to be nothing more than a mere inconvenience. However, racial profiling is much more than a hassle or an annoyance. It has real and direct consequences. Those who experience profiling pay the price emotionally, psychologically, mentally and in some cases even financially and physically.

As noted by criminologist Scott Wortley: “To argue that racial profiling is harmless, that it only hurts those who break the law, is to totally ignore the psychological and social damage that can result from always being considered one of the “usual suspects.”^[32] This feeling was well summarized by one of the participants in the inquiry:

"Some may feel this practice is justifiable because there are a lot of bad people out there and it is relatively easy/convenient to group certain clusters together based on statistics and probability factors, etc. Each person wants to be viewed and treated as an individual. Think about the harm that is being done to those who find themselves within a cluster they do not belong in. Who can begin to appreciate the level of frustration within these individuals and the future cost to society to disenfranchise these innocent citizens?” (R.R.)

The American Psychological Association notes that research psychologists have studied the psychological effects of racial profiling and found that “victim effects” of racial profiling include post-traumatic stress disorder and other forms of stress-
related disorders, perceptions of race-related threats and failure to use available community resources.^[33]

Research psychologists have also examined the effects of racial profiling on broader society and have learned that societal effects include confirmation of feelings of racism, fear and financial costs.^[34] The Commission’s inquiry has also revealed that the impact of profiling extends beyond those who directly experience it. It also impacts on families, friends, classmates, and neighbours. This means that the social and economic cost of racial profiling is widespread.

The sections that follow describe how racial profiling is affecting individuals, families, communities and Ontario society. They demonstrate why profiling is a harmful practice and illustrate the need for strong measures to combat profiling.

In planning the inquiry, the Commission consulted with many of the affected groups. Aboriginal community agencies stressed the importance of engaging Aboriginal people in a way that was responsive to the unique issues faced by this group and the need for specific discussion of the social and historical context of Aboriginal people’s experience with racial profiling. Accordingly, the Report contains a separate section dealing with the experience of Ontario’s Aboriginal community. This is not intended to detract in any way from the experience of other communities that each have distinctive issues with profiling.

Compromising our future

The future well-being and prosperity of all Ontarians depends on our children and youth. We all want our own children and indeed all children to have a happy and fulfilling childhood and to become successful adults. And, society as a whole benefits when each child reaches his or her full potential and is not limited in his or her opportunity to contribute to the well-being of the province.

Yet, during the racial profiling inquiry, the Commission learned that one of the most significant and potentially long-lasting impacts of racial profiling is its effect on children and youth. Racial profiling in several contexts, in particular in the education system and in law enforcement, is compromising the future of our children and youth and, in turn, the future prosperity of all Ontarians.

Education is an international human right essential to the life of an individual and to a community as a whole.^[35] In Canada, education is recognized and legislated as a fundamental social good. Education provides opportunities for personal, social and academic development and is important for future employment and integration in society. The school setting is one of the first places that children learn to relate to and interact with one another and with persons in positions of authority. It is often in relation to their teachers that children begin to develop a perception of themselves and of the world around them. As such, a student’s experience in school can have a major effect on his or her self-image and self-esteem and on his or her development in later life.

The Commission heard that many have concerns with racial profiling in the education system. This concern was shared by members of several communities, in particular the African Canadian, Latin, Chinese, Vietnamese and Arab communities. The Commission was told of a perception that children from these groups may be stereotyped as “slow to learn” and aggressive, and are therefore considered to be the instigators of any conflict or problems at school. Behaviour that would likely be assumed to be harmless or just a “kid being a kid” if engaged in by another child is seen as threatening if a racialized child is involved. Participants in the inquiry further indicated there may be assumptions drawn that children from their communities are involved in gang activities when they hang out with kids of the same background. And, another common concern was that when a racialized child is involved in an incident with a White child, his explanation is less likely to be believed and he is more likely to be punished or to be punished more severely.

Zero tolerance policies were cited as being of significant concern to racialized communities. There is a strong perception that the Safe Schools Act and school board policies applying the Act are having a disproportionate impact on racial minority students. The Commission’s research has found that there is some empirical evidence to support this belief, although it is difficult to gauge the impact of the Act and policies from a statistical standpoint due to the fact that data on race of students disciplined is not collected. Although there is little statistical evidence to confirm the widespread perception that racial minority students are disproportionately affected by zero tolerance, the authors of the study Racial and Ethnic Minority High School Students’ Perceptions of School Disciplinary Practices: A Look at Some Canadian Findings conclude that the perception of racial profiling in the school system must be addressed because it is “a psychological reality for students which undoubtedly impacts on their schooling experience.”^[36]

Participants emphasized that the Safe Schools Act and zero tolerance policies made by school boards appear to be having a broad negative impact not only on students, but also on their families, communities and society at large. The most commonly identified impacts are:

• loss of education and educational opportunities;
• negative psychological impact;
• increased criminalization of children often for conduct that does not threaten the safety of others; and
• promotion of anti-social behaviours.

Loss of education or loss of educational opportunity is one of the most significant and tangible losses a child can experience. At some schools, suspensions can be experienced as early as kindergarten to grade six. In some cases, students are out of school for a long period of time. The Commission heard that remedial work to be completed during the suspension is rarely assigned and, for students who are expelled, it is very difficult to get into an alternative program or another school. The result of this can be devastating to the child’s future. Ambitions to pursue higher education can be shattered and even completing high school can be in doubt.

There is also a concern that the increased use of suspensions and expulsions is pushing students to drop out of school. This fear seems to be well founded as there are American studies which confirm that suspension is a moderate to strong predictor of a student dropping out and that suspension and expulsion are one of the top three school-related reasons for dropping out.^[37]

Numerous submissions highlighted the negative psychological impact that profiling can have on children and youth who either witness or experience it. For example, one mother stated, “My children have been deeply affected, their morale has been tampered with and their emotional well-being has been destroyed.” (K.L.) Another pointed out that the effects of profiling in school will likely have long-term consequences: “If this happens at schools where you are developing ideas and feelings of the world, then how do they expect Black youths to act or feel when they get out in the workplace?” (T.R.)

Even if the profiling did not occur in the school context, it can affect a child’s performance in school or other future goals. One parent described the fact that an incident involving the local police force had such a profound psychological impact on his son that he is “down and does not want to go to school.” In addition, this youth is a top athlete, with ambitions to represent Canada in the Olympics but this goal may now be in jeopardy. Another parent noted that as a result of a non-school related incident her son’s “performance in school that year suffered.”

Other parents noted that their children no longer wanted to pursue certain careers as a result of their perceptions of profiling: “My son's dreams have been shattered. Since the age of 4 he wanted to be a police officer, now he says that he will never be one.” (M.P.) And young people’s job prospects or ability to otherwise function in life can be directly impacted by profiling: “We have extreme stresses on young people who have become fearful. More than distrustful. They have become stoic. They’ve become very hard, very cold. They don’t like to show emotion. They don’t like to show fear. And that translates throughout their entire social life. Which means they are not very successful at negotiating jobs, or going down and negotiating loans. They become dysfunctional.” (B.K.)

Another significant psychological consequence repeatedly cited by participants in the inquiry is the impact of racial profiling on a child’s self-esteem and confidence. One woman described experiencing racial profiling as a six-year-old child. She was the only African Canadian child in the school and was repeatedly punished for “being bad” and labelled as developmentally delayed for engaging in normal childhood behaviours such as being talkative in class. The school suggested she be placed in a special education class. Her parents decided to move her to a new school where an IQ test indicated she should be placed in an enriched class. She is now completing her postgraduate degree in criminal justice. Nevertheless, she describes a continuing impact of being profiled as a bad child from an early age:

"I felt humiliated. Guilty of something I had nothing to feel guilty about. I began to doubt my own abilities. Maybe I am stupid. Maybe I am a bad person. An unlikable child. Just perhaps. I even got an ulcer in my mouth due to it. Can you believe ... a 6 year old with an ulcer!! That experience has caused me much damage mentally. To my self-esteem, etc. Despite the fact that I am accomplishing much academically in my life, I still feel inferior to the majority (Whites) and try each day, through psychotherapy, to overcome this dark cloud that hangs over me. I was a good, kind, loving young child that didn't deserve to go through something like that. No child should.” (S.I.)

Many participants noted that the psychological impact of racial profiling on their children has led to anti-social behaviour, even in young children. As well, concern was expressed that a potential long-term impact of profiling is an increased risk of criminalization. Several parents commented that one of their main fears was that racial profiling will lead their children, especially their sons, to view themselves as troublemakers and that this, in turn, will result in them behaving badly. Other parents described being terrified that their child will eventually get frustrated with incidents of profiling and react in a way that could lead to a confrontation with the authorities and criminal charges.

Persons who work with children and youth confirm that suspended students are more likely to hang out on streets and in malls creating the potential for increased contact with the police. Children who are out of school are more likely to meet anti-social kids and learn or engage in anti-social behaviours. For example, David R. Offord, Director, Canadian Centre for Studies of Children at Risk notes:

"Once kids are out of the mainline and expelled, then they are on a different path, for sure. First, they don’t have much to do during the day. They may make contact with older kids or other kids who are having difficulties. ... There is some literature that points out if you put anti-social kids together it escalates their anti-social behaviour. ... It can have an impact on the community in which they live and, of course, it contributes to an important problem in Canada, which is serious anti-social behaviour, both violent and non-violent.^[38]

Many parents reported raising their children differently because of a fear of racial profiling. This included counselling their children to behave a certain way, having rules about how their children dress in public and limiting when their children are permitted to go out and where they go. Parents felt that these strategies and coping mechanisms are necessary to prepare their children for potential incidents of profiling and to protect their children from the negative consequences. This type of experience cannot help but have a profound effect on a child or young person as the fear of racial profiling and the consequent need to alter his or her behaviour becomes ingrained in his or her psyche.

The section of the Report entitled Changes in Behaviour has a more detailed discussion of socialization of young people to cope with profiling; however, it is important to note here that these types of experiences during formative years are likely to have an even more significant and lasting impact on a young person than on an adult.

Creating mistrust of our institutions

A social cost of racial profiling that is closely related to “compromising our future” is the significant mistrust that develops, both in children and adults, of our key institutions.

No one would argue that public faith in institutions and systems such as the criminal justice system, law enforcement, customs and border control and the education system is a cornerstone to democracy, order and a harmonious society. All of these institutions require citizens to work positively and cooperatively with them to maximize their success in fulfilling their mandate. For example, a strong justice system requires citizens to have confidence in the fairness of the process; community policing relies on individuals trusting the police and being willing to work with them; and, teachers can only function effectively when they have the respect of their students. The section entitled The Existence of Racial Profiling has a more detailed discussion of the specific importance of good community and police relations, based on the experiences of various jurisdictions in the United States.

However, racial profiling seriously erodes public confidence in these institutions. Numerous submissions described an increased personal or community mistrust of law enforcement officials, the criminal justice system, the education system, customs officials, store and mall security and society in general. One person who was himself a victim of a crime even described feeling “betrayed” by the police because of his perception that the police took his criminal investigation less seriously because the suspect was “Caucasian”. The sense of mistrust was most profound among racialized persons but also shared by a number of participants in the inquiry who described themselves as “White”. Therefore, the issue of mistrust is not just specific to one community; it permeates all sectors of society.

Mistrust can be engendered by personal experiences, witnessing an incident of profiling, knowing someone who has experienced profiling or simply due to the widespread perception that profiling exists in society. And, as discussed earlier this mistrust is heightened by unwillingness on the part of the institutions to acknowledge the concern and engage in a constructive process to address it. Participants also explained that their mistrust of institutions can be compounded by the knowledge that the institution lacks racial diversity or that its members are not given in-depth and ongoing anti-racism training.

As indicated earlier, the inquiry covered all forms of racial profiling and did not target the police. However, the institution that was most commonly identified as having lost the faith of an individual or community were police agencies across the province. Many submissions described a shift in perception about policing as a result of even a single incident. Other submissions indicated that a number of encounters had led an individual to lose trust in the police. Many parents described feeling that they needed to warn their children or other young persons in their families to be careful around the police.

"I used to tell all three of my children that they should smile and acknowledge police officers when they see them on the street. They are their friends. I can't confidently say that now to my grandchildren. I don't know what kind of reaction they will receive. I used to feel that it was safe. I no longer smile or acknowledge police officers. ...I would like nothing better than to be able to say to my grandchildren -- remember to smile at the police officers when you see them -- they are your friends. Turn to them when you are in trouble.” (T.S.)

"My nephew is the next generation and already at 15 years of age he has already developed a bias towards police.” (L.F.)

One very moving submission came from a young school teacher who described being surrounded by police cars, being ordered out of his car in the middle of the street and being asked if he had any drugs or weapons in the car. While one officer checked his identification, another searched his vehicle. This occurred in the middle of the day, in the community in which this man teaches. He felt like a spectacle, humiliated and very concerned should any of his students or any of their parents witness the event. This man had experienced numerous other police stops and searches in a very short time period leading him to feel very frustrated and mistrustful of police. He described the impact of these experiences on his ability to instil trust of the police in his students.

"Growing up as a Black child in Jamaica, I was taught by my grandmother to respect the police and I aspired to become a policeman during this period of my life. After coming to Canada at the age of 13, I became more and more wary of the police following numerous unfortunate experiences.... Over time, my views regarding the motives and operative methods of the police have changed dramatically from those taught to me by my grandmother. ... I have always been a law-abiding citizen and I've worked very hard to get a post secondary degree and an Ontario Teacher's Certification. I have worked with children through my adolescent years in coaching and general instructing programs. I was always instructed by my supervisors and others to encourage the children to develop a trusting relationship with the police. My philosophy as a teacher is based on teaching the children to focus on a solid education and to look for ways to have a better future. A segment of that philosophy pertaining to the interaction with the police is difficult for me to put across in a convincing manner based on my personal experiences. I want to change that uncomfortable and untrusting feeling I have towards the police.” (R.R.)

Some of the words that were used to describe the effects on relationships with police included: suspicion, distrust, anger, antagonism, hostility and fear. Many described fearing for their own safety when interacting with police officers and some said that, rather than feeling that the police were there to protect them from crime, they felt the need to be protected from the police.

"Even if I am standing in a MTHA [Metro Toronto Housing Authority] area with another university student and cops pass I always stop and look to make sure that I am not being challenged by the cops. It’s a feeling of fear, and of being less than them as they are in an authoritative position. We shouldn't be afraid of people who are supposed to be protecting our rights.”(S.B.)

Parents in particular described feeling terrified that their children, particularly their sons, could come to harm every time they leave the house. One mother described the trauma of learning that her son, a University of Toronto student, was reading a book while waiting for the subway in the station near his home when he was pushed to the ground by two law enforcement personnel. Comments were made to the effect that he could not be a university student and that he could not afford to live in the upscale neighbourhood.

"My son graduated as an Ontario Scholar, from Ridley College. His awards are too numerous to mention. Suffice to say he will be one of tomorrow’s leaders if given the chance to survive. As a medical doctor I am now faced with the stark reality of statistical facts. The top three leading causes of death in males, ages 15 to 24, are homicides, suicides, and motor vehicle accidents. He does not drink, smoke, use illicit [drugs], and does not own a car. Will I get a call saying that he has been shot and killed by a police officer? The psychological trauma of these experiences often leaves the most pernicious scars.” (Dr. S.B.)

Many other parents described the feelings that they experience, for example:

This same type of fear was reported by Stephen Lewis in his 1992 report on police-visible minority relations. And, a recent survey of youth in the Toronto area reported a fear of treatment by police.^[39]

For persons who have come from countries with repressive governments or law enforcement systems, feelings of mistrust are particularly acute as incidents can trigger memories of the system that they have left: “Many of the people in the Latin American community have come from countries where state policing and repression have been rampant. In fact, we have talked a lot about how some members of our community are fearful of police. We have a connection between police states and repression. [When] I was arrested, my family was quite shaken by the experience, because it immediately brings memories of police repression.” (M.S.M.)

The Somali community in one Ontario city reported as having the same reaction to their experience with local police: “Among immigrants, the Somali population, the African population, it seems that the police here are no different from the police under dictatorships overseas. Where they have seen abuse and they experience abuse here they say, yeah, cops all over the world are just exactly the same. ... And this does not contribute to the kind of diverse cultural understanding, acceptance and involvement that this country is supposed to stand for.” (Windsor and District Black Coalition)

When discussing feelings of mistrust, most participants also mentioned that they lack faith in the processes that have been implemented to receive complaints against the police or other institutions such as the Canada Customs and Revenue Agency. Participants stated that they felt they were prevented or discouraged from filing complaints, that they lacked confidence in the complaints process as they perceived it to lack independence and that the outcome further compounded their sense of mistrust or injustice. A consistent theme that emerged was that of the appearance of a lack of independence, often described as “police investigating the police”:

Comments were also made about a loss of confidence in and respect for our justice system, for example: “I used to have faith and respect for our justice system. How foolish of me! The justice system only protects those they choose to, the rest of us are castaways, the ones not worthy because of either our social or economic background.” (M.Q.)

Unfortunately, some individuals’ feelings of mistrust of law enforcement and the justice system has resulted in a feeling of not wanting to go to the police with a problem or not cooperating with the police.

Some even indicated that they felt that incidents of racial profiling would affect people’s willingness to comply with the law.

In some cases, persons characterized police-community relations as marred by escalating conflict and noted that, in the community, many perceive the situation as becoming “explosive”.

These consequences of racial profiling have been confirmed by the experience of jurisdictions in the United States. And the Task Force on Race Relations and Policing headed by Clare Lewis confirmed in its 1989 report that “the worst enemy of effective policing is the absence of public confidence.”^[40] Similarly, a study by Carl E. James concludes that the adversarial nature of police stops contributes strongly to Black youth hostility towards the police.^[41]

While police agencies are negatively impacted in their ability to effectively serve the public by allegations of racial profiling, the effect on the individual who develops a mistrust of the police and criminal justice system can be even greater. A criminal defence lawyer has written:

I cannot count the number of times when young Black clients have said to me in frustration, “If the police are going to arrest me anyway (when I haven’t done anything wrong), I might as well do something (bad), so at least I would deserve it.” This is a most insidious damage being wreaked on our youth by racial profiling. It perpetuates a cycle whereby youths lose respect for the law; this in turn leads a small number of them to act out.^[42]

The mistrust of police was also cited as contributing to an unwillingness to pursue a career in policing. The relatively low representation of racialized persons in law enforcement agencies, particularly in senior positions, in turn has a negative impact on these agencies’ ability to effectively respond to community concerns with profiling.

Some reported losing respect for other types of authority figures as a result of their experiences: “I feel differently about security guards. Before I understood their job to protect the building, but now if I see a guard I want to avoid them and walk away. I don't have respect for them.” (T.J.)

In the context of the education system, many parents reported feeling that they have lost faith in teachers and school administrators. They indicated that this loss of confidence makes them feel uncomfortable sending their child to school and that they must seek out opportunities to transfer their child to another school or take them out of school altogether for home schooling. In either case, major inconvenience can be the result, not to mention the disruption to the child. In addition, parents reported their children mistrusting the education system as well as losing respect for their teachers.

In addition, parents indicated that they must constantly take steps to try to instil respect for persons in authority as this respect is undermined by incidents of profiling: “People in positions of authority are setting an example that I have to counteract daily to ensure that my children and their friends do treat others with respect. It is an uphill battle.” (K.I.) Obviously, this has a direct effect on the child’s education and development as well as the education system’s ability to deliver its services to these children.

Ultimately, it is society that is most harmed if racial profiling results in the loss of confidence in law enforcement, the criminal justice system, the education system and other institutions. As demonstrated by the impacts of profiling outlined above, the social cost of creating a mistrust of institutions includes a lack of respect shown to people associated with them, greater acting out against those institutions or the law, and an unwillingness to work with those institutions, for example by reporting crime, acting as witnesses, etc. The American experience has shown that these are tangible results of racial profiling and that eliminating racial profiling can result in bridges being built between the institutions and communities, to the greater good of all:

Many other U.S. cities have now followed similar strategies with similar results. Communities rally behind the approach, showing that if [law enforcement] authorities can use their power transparently and selectively – focusing [sic] not on whole classes of young people, but on clearly dangerous offenders, and even then judiciously and with fair warning – support for [law enforcement activities] will be forthcoming.^[43]

Alienation and a diminished sense of citizenship

It is public policy in Ontario, as expressed in the preamble to the Ontario Human Rights Code, to foster a province in which all persons feel an equal part of the community and able to contribute fully to the development and well-being of the province. Ontario is home to over 2 million people who identify as “visible minorities”.^[44] Yet, the Commission’s racial profiling inquiry revealed that individuals belonging to these communities do not feel like equal members of our society. And this feeling exists for recent immigrants as well as for persons whose families have been here for many generations.

Many participants in the inquiry reported feeling like an unequal or less worthy member of society as a result of their experience of profiling. This realization was described as a humiliating, dehumanizing and painful one:

Individuals who felt that they had accomplished much and were contributing significantly to Canadian society contrasted their sense of value added to Canadian society with how Canadian society appeared to view them. They felt that no matter what they do and how successful they are, they are still assumed to be part of an undesirable element of society and this was very distressing to them.

Persons who have immigrated from other countries also described a profound sense of not belonging as a result of experiencing profiling. They described it as a sense of being rejected by mainstream Canadian society and being told that they would always be considered an outsider. Some immigrants also told of a sense of disillusionment or betrayal as they had come to Canada to escape an unjust society and expected that they would be treated equally here.

One account that clearly illustrated this came from a woman who immigrated to Toronto from Chile. She had participated in a demonstration and was arrested along with other demonstrators. When she was taken before a Justice of the Peace for a bail hearing, the Justice of the Peace concluded that she should be denied bail based on a discriminatory assumption that since she was born in Chile and people from Chile are “known” for throwing stones, she must be a public danger. When her lawyer emphasized that she had been a Canadian for 27 years, the Justice of the Peace emphasized that she was born in Chile. As a result, she spent four nights in jail, simply because of racial profiling. The Justice of the Peace Review Council investigated the case and determined that the comments by the Justice of the Peace were inappropriate and he was required to issue an apology. But, this did not change the fact that a decision was made that resulted in this woman spending four days in prison. The initial charges were eventually withdrawn. She described the feeling that this experience left her with in the following words:

"It shakes [your] whole idea that you have become a Citizen of this country. In fact, you are told blatantly that you will never be a citizen, as when he said that because I was born in Chile, it didn't matter how many years I had been a Canadian citizen. You are told point blank that you don't belong here, no matter if you work, you know, how productive you are in society, etc., etc., you will not belong here. And so ... suddenly you are again reminded that you are an outsider, and as an outsider, you don't have the same rights...” (M.S.M.)

Persons who identified as Muslim, Arab and South Asian described feeling unwelcome after the tragedy of September 11, 2001. There was a significant reluctance on the part of members of this community to come forward with their accounts due to a fear of potential consequences. Nevertheless, some of the examples the Commission heard included:

• a Sikh man who wears a turban being asked to leave a plane at Pearson International Airport due to a passenger complaint;
• law enforcement officials going to the workplaces of community leaders and questioning them in front of colleagues;
• a money transfer agency refusing to transfer money to a man’s parents without first conducting a security clearance because his first name is “Muhammad”;
• a Palestinian child being exposed to a guest speaker in her classroom whose presentation implied that Palestinian persons should not be trusted as they are raised to be hateful and perpetrate terrorist attacks;
• children and youth being subjected to comments linking them to terrorism by teachers and other students;
• being terminated from employment and/or having trouble finding a new job due to a perception of being a ‘security threat’;
• being questioned by law enforcement authorities due to membership in a Muslim religious organization; and
• being searched more often or scrutinized differently from others when flying or crossing the Canada/U.S. border.

Some of the effects of these incidents were described as follows:

"My daughter's stream of tears had my husband and I ready to pack our bags and leave. We have heard so much hate and incitement to hate post September 11, but we thought we could face it all as long as our children were protected. When our daughter came home crying, we knew we had lost our strength to go on and to stand up to racial profiling. It was simply becoming overwhelming.” (S.E.)

"My family is devastated as we no longer feel safe here. We are not sure what will be next. We don’t know what and who we are dealing with.” (M.A.)

"[As a result of this incident in which a Muslim man was questioned at work in front of co-workers] ... in many ways [he and his family] were hurt, because these were people who had come to Canada for a particular reason and felt very happy and were very -- I mean, in many ways proud of Canada and patriotic, so they felt that suddenly they were put under suspicion and that maybe their country didn't trust them... they felt that they were not considered Canadians anymore.” (I.S.)

A common concern in this community is of facing increased deprivations of liberty in future or that persons’ names may end up on “lists” which will result in a loss of privacy, further incidents of questioning, or worse.

Representatives of Muslim, Arab and South Asian communities also pointed out that one of the chief complaints has been that it has been treated as a community to be looked into, rather than invited to help solve the problem. This community is just as concerned about Canadian safety and security as everyone else and would like to be invited to the table to offer assistance or advice on improving security for everyone, rather than to just be treated as a security threat.

In some cases, the sense of feeling like a “second class” citizen or unwelcome in Canada is so profound that some people described leaving or considering leaving Ontario. For example, a Korean woman described members of her family getting together to seriously discuss returning to Korea.

Not surprisingly, parents also described this feeling of damaged citizenship having taken its toll on their children. One mother who indicated that her sons have been stopped and searched by police numerous times, including two incidents where the officers pulled their guns, explained: “[This city] is their home and has been for 16 years, and they no longer feel welcome here.” (D.W.) Other parents stated:

"...he has always thought of himself as Canadian and very happy and everything, and he never had any problems. [I] remember four years ago when he was 12, would say, you know, there is no racism in Canada. ... [As he got older] and, again, as I said, first it was the stores, some of the stores and then ... at the school .... And you know, for him it is like feeling that he said, well, you know, so I am not really Canadian, am I? You know, that's what he asks me.” (S.M.)

 

"Just before take-off [my colleague and I were] called out from inside the plane and asked to bring out our carry on luggage. We were told ... that due to a security reason we will not be able to take this flight. After asking repeatedly for the reason I was told that a passenger complained to the pilot that I was staring at the passenger. The pilot considered this to be security risk. ... I wear a turban and the pilot mistook my identity for a Muslim person. ...[As a result of this incident] my son (15 years old) was really hurt and questioned if our religious values are safe as citizens of Canada.” (B.S.D.)

Finally, many described feeling ashamed to be part of a society where racial profiling exists and appears to be tolerated. This sense of embarrassment was particularly profound for participants in the inquiry who self-identified as White: “I felt embarrassed to be a Canadian and my husband [who immigrated from Latin America] changed his mind about what kind of a country this was.” (A.F.) It is clear that many people feel that racial profiling is un-Canadian, in the sense that it is not consistent with Canada’s values and reputation.

Undoubtedly, the damage to feelings of belonging and citizenship that results from racial profiling is undesirable on several different levels. Firstly, it is not consistent with the values that Canadians and Ontarians hold in high esteem. It should be of significant concern to us to know that fellow citizens do not feel that they are being treated with the same dignity and respect or feel as if they are seen as less worthy of recognition or value as a human being or as a member of Ontario society. Secondly, there is a direct cost to our society of fostering a two-tiered sense of citizenship. Experience has shown that persons who do not feel valued in society cannot contribute or participate to their full potential. And, if a large segment of our population is not attaining its fullest potential, neither is our community.

There are also long term social consequences of diminishing people’s sense of citizenship. Foremost among these are a diminished sense of patriotism, loyalty and national unity.

The impact on our communities

Members of racialized communities in Ontario have described themselves as living within a perpetual state of crisis due to the effects of racism. The African Canadian community in particular stressed that racial profiling is having an overwhelming impact in their community. The sense of injustice that develops among individuals in these communities creates a state of psychological imbalance and inner conflict and reinforces their concern that racism exists and that they may be subjected to it at any time.^[45]

Research has found that, in these circumstances, minority groups use several coping strategies to deal with the effects of their experiences. In some cases people accept the negative stereotypes that are being applied to their group as true. In other words, they come to see themselves as inferior. They may be ashamed of their background, skin colour, etc.^[46] For example, the Commission heard about a young boy named “Muhammad” who wanted to change his name to “Joe” as a result of his experiences after September 11^th. Another strategy is to try to turn the negative experience into a positive one by fostering pride in one’s identity and by mobilizing for political purposes.^[47]

In addition, studies have repeatedly shown that racial discrimination results in disparities in the areas of housing, education, employment, economic status, arrests and court sentencing.^[48]

These effects on the communities who experience racial profiling were confirmed during the course of the Commission’s inquiry. Additional effects noted were that the experience of racial profiling compromises people’s ability to be represented in positions of power, results in community division and heightens community fear. Solidarity can also be fostered as communities rally together to tackle the problem of profiling.

One consistent community effect that emerged from the inquiry was the disempowering impact of profiling. Several participants used the words “impotent”, “powerless”, “helpless” and “emasculated” to describe how they felt as a result of one or more incidents of profiling. This was experienced when a person was subjected to profiling or when a friend, relative or role model was profiled. This sense of powerlessness can impact on an individual’s ability to seek out and gain positions of power or authority in society. This, in turn, means that these communities are not well represented in key societal institutions, including the ones that have some control over the issue of racial profiling itself.

For example, numerous accounts described persons from racialized communities no longer wanting to pursue a career in law enforcement or the justice system. Several people commented that these professions are not seen in a positive light among certain communities or in some neighbourhoods. One participant, himself a police officer, described an incident of profiling in another jurisdiction that involved a disproportionate use of force and in his being accused of impersonating a police officer when his police identification was found. This incident reinforced his parents’ concern with his career choice: “My parents who were already disappointed with my career choice [police officer] reaffirm their discontent with any news of these kinds of incidents.” (S.B.) And other participants noted, in certain communities law enforcement is not seen as a career to aspire to: “Well, my son wanted to be an officer years ago (as a kid) but I had told him to find a profession that is more respectable in our community.” (J.H.)

This phenomenon was not unique to law enforcement. The Commission also heard about profiling challenging people’s ability to be teachers, social workers, youth workers, nurses, lawyers, and even to hold political office. A vicious cycle is created whereby profiling results in fewer minority persons being represented in positions of power, and with insufficient minority persons in these positions the problem of profiling cannot be effectively tackled.

Another effect of racial profiling is to create community division or an unwillingness to identify with one’s community. For example, one individual who was the object of scrutiny after September 11^th due to his involvement with a Muslim youth organization noted that this has resulted in youth and their parents being fearful of having any involvement in Muslim youth groups: “My community’s youth are now discouraged by their parents to get involved in activities for Muslims out of fear of interrogations and wrongful persecution.” (M.A.A.). Representatives of the Canadian Muslim Lawyer’s Association and the Canadian Arab Federation confirmed a widespread fear of involvement in community groups or activities among Muslim, Arab and South Asian persons for fear that this might lead to an assumption by the authorities that they are a security threat. All other groups who participated in the inquiry also described the existence of community-wide fear of racial profiling.

On the other hand, several accounts noted that profiling has increased community unity and cohesion. In some instances, communities rallied behind someone who had experienced profiling to provide assistance, encouragement and support. Measures were taken such as the Latin American Coalition Against Racism launching a formal complaint about racial profiling by a Justice of the Peace, individuals starting petitions concerning incidents of profiling, forums being organized to discuss community concerns with profiling and so forth. The Windsor and District Black Coalition has been very successful in mobilizing the community and bringing the community’s concerns to the local police service.

Several people noted that profiling has strengthened their resolve to serve as a positive force in their community through acting as a role model, working with youth and instilling pride in young persons about their identity. Some individuals who identified as White also indicated that as a result of witnessing profiling, they have become educated about racism and have taken actions against it.

However, while some have cited community cohesion and activism as an outcome of profiling that may be viewed as positive, it only arises as a result of something negative and at great cost.

Changes in behaviour

One of the most striking impacts of racial profiling repeatedly described by participants in the inquiry was the effect it has on people’s behaviour and activities. A large number of participants in the inquiry reported significantly altering their actions as a result of an incident of profiling or taking measures to avoid the experience of profiling.

People reported changing their driving habits in a number of ways. Some reported no longer driving a particular type of vehicle, e.g. an expensive car, a sports car or SUV, as they feel that such vehicles, when driven by racialized persons, attract police attention. Some even noted that they believe that particular brands of cars attract more scrutiny because of stereotypes that drug dealers or others involved in illegal activity favour that particular make and model. In addition, many people reported altering the tinting on their car, either by adding tinted glass or buying a vehicle that does not have tinted glass: “I have since gotten a very dark tint on my truck since that incident in the hopes that the fact that I am a Black woman driving a nice vehicle would become a non-issue.” (C.B.) Some even reported giving up driving altogether.

One participant described ten interactions with police which he felt involved racial profiling. However, he also listed several positive experiences with the police. He went on to list a number of strategies he employs to avoid negative experiences.

“I have looked at the way I speak to them. I still ask when I'm pulled over...why are you stopping me. I have no tint on my car for the last 7 years. I am very polite. I say ‘thank you’. I ask, ‘How are you today officer?’ My car is not the dream car anymore as I don't want to be branded as one of “those”. My appearance appears to be more conservative.” (N.W.)

Many individuals also reported systematically checking their documentation and inspecting their vehicle every time they get in their car. They indicated that they feel that as they are more likely to be stopped and that they will not get any leeway should they forget a driver’s licence, proof of insurance or registration, they employ extra diligence to ensure that all these papers are in order each time they get in their car to drive. Similarly, participants stated that, as they do not want to attract police scrutiny, before driving they always check their vehicle to ensure all the lights are in working order, the license plate is clearly visible and that there are no other issues with the appearance or function of their car. Many noted that they are extremely careful to obey the rules of the road, such as coming to a complete stop at stop signs and driving within the speed limit.

While all of these measures to ensure that the law is being followed should be taken by all citizens, the reality is that those who do not experience profiling often take these things for granted. Most people do not double check their papers and inspect their car each and every time they go for a drive. This is because most people are rarely stopped and assume that they will not be pulled over on any given occasion. And, even if they are stopped, they expect to have a courteous and professional interaction with the police or customs officials and do not worry that the incident may prove humiliating or turn into an unpleasant situation. The communities who experience profiling told the Commission that they do not share this expectation.

Aside from altering driving behaviours, many submissions also described individuals and families developing complex systems to cope with the experience of profiling. Several people reported imposing a “before dark” curfew on themselves and their family members, especially their teenage sons. Others described never walking alone or on certain streets or going to certain neighbourhoods. Some reported carrying cellular telephones at all times so they could call home to record experiences of profiling as they are happening. Others, especially parents, reported carrying cellular telephones so they could be contacted at all times in case their children need to reach them as a result of an incident of profiling.

One man changed the location of his wedding to avoid his guests having to cross the Canada-U.S. border. African Canadian persons in Windsor reported a particular impact as many have relatives living in the U.S. and can have particular problems when crossing the border. And several persons noted being more cautious about what they bring back from vacations or how they dress clearing customs: “I make sure I don’t do anything to attract attention to myself, including bringing back items that I am not supposed to bring back or bringing back more than what is allowed. To hear White travellers brag about the quantity of cigars and liquor that they brought back, and yet they were not questioned about it, was very insulting for us.” (M.J.)

Several participants described the difficulty that African Canadian men have in hailing taxi cabs. They indicated that in their experience, drivers are wary of picking them up because of stereotypes that they will either not pay for the ride or cause other problems. One man described how he now hails a cab:

“...there are ways for a Black man to get a cab in Toronto. The direct way is to stand in the middle of a busy street waving a large-denomination bill in the air. That almost always works. ... The indirect way also works quite well. Simply get a non-Black friend ... to flag down the cab. The first cab with its light on will stop on a dime for her. Then, the Black male can come out from the doorway of the building he is hiding in and get into the cab. Unfortunately, at this point, the cab driver will often ask for the money up front. I normally refuse to do this because [others] ... are not required to do this.” (T.B.)

Some people actually reported choosing to live outside of Ontario as a result of having experienced one or more incidents of racial profiling which led them to believe that they would be safer in a different province or even in the United States.

“Given that the overall climate for ethnic Chinese is more hospitable in New York (at least that's how I feel), I am considering staying in New York after I graduate. I am also considering moving to Montreal... I am a Torontonian and will always be (I know the place like the back of my hand), but I will probably not return to live there because I (and some of my friends) feel that the Chinese are treated unfairly because our presence is seen as a "threat".” (K.C.)

And parents reported having their children change schools as well.

Developing these systems to deal with profiling reflects how serious a concern it is for the communities who experience it. It is a major part of their life experience such that they are forced to alter their behaviour around it. The perception that profiling will occur in future, hence measures are needed to avoid it or plan for it, also speaks to the widespread perception that profiling will continue to be a problem unless measures are taken to tackle it.

In addition, as discussed in the section Compromising Our Future, many parents reported restricting the actions of their children to minimize the risk of experiences of profiling. Similarly, they said they have no choice but to warn their children to anticipate future experiences of profiling and to teach them how to respond.

This is a form of socialization, which is a process by which the child grows up to accept the basic social behaviour that is taught and practiced by his or her family. This teaching provides the child with an understanding of its world and forms the concept of identity. This socialization determines for our entire lives, our every day behaviour, our reflex-reactions, our moral values and how we see the world.^[49] Therefore, the effects of having children and youth alter their behaviour or perception of the world as a result of racial profiling is profound and enduring. It will likely last them the rest of their lives and may be passed on to future generations.

Finally, a consistent trend that emerged in the submissions received was the normalization of the experience of profiling; in other words, when an individual accepts or expects that racial profiling will happen as a normal part of his or her life and feels that there is nothing that he or she can do about it.

People felt that they have no choice but to live their lives around the expectation that they, their family members and their children, especially their sons, will experience incidents of profiling. Many also expressed a sense of futility at trying to address profiling or a fear that attempting to speak out would result in repercussions. Several participants who identified as White and who had witnessed incidents of profiling also commented that when they expressed a sense of outrage about the incident to a friend, the response was that this is a normal experience that racialized persons have come to accept.

An African Canadian man, who had experienced the same feelings after an incident of profiling 30 years earlier, described the sense of futility and helplessness his son exhibited after being stopped by police three times in four weeks: “I kept saying [to my son], well, why don't you do something? I mean, I am willing to go with you to the police station or to a lawyer, what do you want to do? ... and he just said, there is nothing you can do, he was just absolutely -- I don't know the word. He is not the kind of a person to sort of stay in his room and close the door. So I guess he felt like I felt 30 years before [when I experienced profiling], absolutely powerless, and humiliated.” (R.M.)

Others used the following words to describe their acceptance of profiling:

This sense of acceptance and futility was very moving as it showed how deeply ingrained the perception of the problem of profiling is in Ontario. It also demonstrated the profound effect it is having on the psyches of those who experience it.

The unseen toll of racial profiling

One of the most fundamental needs of every human being is the need for human dignity. Human dignity means being treated with respect and having a sense of self-esteem and self-worth. It is concerned with physical and psychological integrity and empowerment. Perhaps nothing inflicts greater psychological and emotional damage on a person than to compromise his or her sense of dignity.

Racial profiling does just that. It violates human dignity by sending a message to the person that he or she is less worthy of consideration and respect as a human being. The impact of racial profiling on people’s dignity and self-esteem was confirmed in almost every submission to the Commission’s inquiry.

The impact on dignity was so significant that people wrote about incidents that had happened as much as 30 years earlier: “I have never forgotten the sense of powerlessness or the sense of absolute humiliation that I felt.” (R.M.)

And, the effect was not confined to the person who experienced profiling. Parents, especially, described a significant emotional or psychological impact of an incident of profiling experienced by a child: “As a mother I feel depressed. Every time the phone rings, I believe that it is the school calling to say that my son is in trouble.” (C.P-J.) Other people indicated that they had not told their families of incidents to protect them from the hurt that it would inflict: “I never told any of my family. All my family is in Trinidad, the States, England, I didn't want to tell them because I didn't want to unnecessarily hurt them because of my experience.” (G.V.)

Many people reported feeling profound embarrassment and shame at an incident of racial profiling that occurred in public or in front of family, friends or co-workers. They feared that people would assume that they had done something inappropriate to bring on the incident. For example, an African Canadian man who teaches in an elementary school and was pulled over and searched by police during the day in the neighbourhood in which he teaches said: “What if a parent of one of my students was driving by at that moment and saw me in the middle of the street on a police car with my hands up, with my back turned to them? Obviously, they would think twice about sending their kids back to my class, right? Also, what if, as we know, children are very [impressionable], and if they see something, even if they don't believe it, it is going to be in the back of their minds. They are going to think about it and say maybe he did do something.” (R.R.) Similarly, the Commission heard about a Muslim man worried that his co-workers would think he was a security threat after he was questioned about his beliefs and activities while at work.

An African Canadian father of the Jewish faith described an incident that occurred when his teenage sons went to pay a utility bill for their mother at their bank branch. Unfortunately, their mother had unknowingly received several counterfeit $10 bills which she gave her sons. Rather than asking questions to determine whether the boys were involved in illegal activity or whether they were unknowingly in possession of the bills, the bank manager assumed the worst and called the police. When the police arrived, it was again assumed that the young men were involved in illegal activity and they were handcuffed and detained for seven hours. The police interrogated the boys in a very aggressive fashion, without contacting their parents. They were brought home in handcuffs in front of the neighbours. The father noted the embarrassment caused by the incident: “My younger son's Rabbi and teacher who lives next door to us witnessed his student being led in handcuffs by the police. How do you think this will affect my son's reputation at his Yeshiva (school)?” (J.B.)

Others described the humiliation associated with profiling events as follows:

Many reported feeling blamed for society’s problems or being made to feel like a criminal simply by virtue of race, colour, ethnic origin, religion or ancestry: “These incidents leave me very discouraged as I seem to be lumped in with a bad or criminal element of our society although I know right from wrong and have a determined desire to better myself without breaking the law.” (R.R.)

Several noted that their experience involved being challenged on their social status or place of employment. By way of example, an African Canadian mother stated that when her son told the law enforcement officials that he attends University of Toronto, they suggested he could neither be a student there nor a resident of the affluent neighbourhood he was in. Another man reported an incident where officers challenged his assertion that he was a paid employee as opposed to a volunteer. One woman described an incident where she was pulled over after the officer had “run her plates” and discovered that her car was a company car, which the officer found suspicious. Another woman was told that she couldn’t be the owner of the expensive car she was driving as it was registered to a company. In fact, it was her company.

A young African Canadian woman described an incident she experienced with her mother who is a doctor. When paying for a meal at a restaurant, the restaurant employee called the credit card company to see if the card had been reported stolen solely because the card said “Dr.” on it and was being used by an African Canadian woman.

A police officer who experienced an incident in another jurisdiction was accused of “impersonating a police officer” when his police badge and identification were found. And, A.B.L.E., the Association of Black Law Enforcers, reported similar incidents where African Canadian law enforcement officials are assumed not to be officers due to their skin colour.

All of these individuals felt very demeaned by the assumptions that had been made that because of their skin colour, they could not hold the social status that they do.

Many reported that racial slurs and comments were used during the incident of profiling, further compounding the impact on human dignity.

Many people explained that racial profiling caused problems in their relationships with others. Several people reported problems in spousal relationships as a result of profiling: “That incident for a couple of hours really stayed with me and I got into kind of a little confrontation with my girlfriend because I was so upset.” (R.M.). In one instance, spousal breakdown was cited as a consequence of racial profiling. The man, who reported losing his job because of profiling related to September 11^th and consequently suffering depression, indicated that his marriage has broken down as a result.

Persons in inter-racial relationships described unique issues that were raised for them as a result of profiling. Some reported experiencing profiling because of the nature of their relationship. For example, racialized women reported incidents where they were assumed to be prostitutes because they were in a car with a White man who was assumed to be a customer, and racialized men described being stereotyped as pimps if accompanied by White women.

Almost everyone in an inter-racial relationship reported that the White partner was deeply affected and felt responsible when the racialized partner was exposed to profiling.

“My husband was also deeply hurt. I was in a weeping rage when I got home that night and whenever we discuss the incident I go back to those same emotions. The impact on him is that he feels he should be able to protect me, as his wife, from hurtful things. Through my experience he has been given a hint of what his brothers-in-law and father-in-law -- men whom he respects, loves and admires -- experience and the devastating emotions it generates. His tendency was to apologize and to feel ashamed. But he has nothing to apologize for. We are not our brothers’ keepers. We are individuals, to be judged as such and respected as such until we prove ourselves individually unworthy.” (A.B.)

Submissions discussed the impact that profiling has on friendships and other relationships between racialized and White persons. In some cases, an incident of profiling resulted in persons who self-identified as “White” becoming aware for the first time of the existence of profiling and realizing the impact it has on the people who experience it. Several people reported having a major transformation in their understanding of racism.

Some participants described feeling as if they had to educate others about the phenomenon of profiling. And, unfortunately, some people reported pulling away from non-racialized persons because they have found that they are not empathetic, deny the existence of profiling or say it is a legitimate practice.

As discussed above, the American Psychological Association and others^[50] have documented the psychological effects of profiling and the submissions received in the Commission’s inquiry confirm them. Profiling takes a profound psychological and emotional toll on those who experience it and their families and friends: “It is sad indeed that we have to live under such a cloud. It is frightening, it is degrading, and there are high emotional tolls on all of us. Both the children and their parents...” (D.W.) Another participant described profiling as a “psychological time bomb”. (B.K.)

Many of the people who participated in the inquiry described direct psychological impacts including: fear, anxiety, intimidation, and feelings of helplessness and hopelessness. And, others reported manifestations of these feelings such as tearfulness, nightmares, difficulty sleeping, suicidal thoughts, depression and drug abuse. Several participants reported seeing, or having their child see, a psychologist or therapist to cope with the mental aftermath of racial profiling.

It is impossible to quantify the cost to those individuals, their families and friends, their communities and society overall of these psychological effects. Neverthe-less, it is clear that the emotional and psychological damage inflicted by profiling is significant and we as a society cannot afford to ignore it.

In addition to indirect costs imposed by the emotional and psychological toll of racial profiling, some participants in the inquiry reported direct financial costs of profiling.

Direct financial costs include legal fees from defending criminal charges that result from profiling and costs of civil suits that people have brought against organizations they allege profiled them. For example, one participant described a young man having to use university tuition money to defend unfounded charges resulting from profiling.

Participants in the inquiry reported financial consequences due to a loss of employment income either on a temporary or permanent basis. The Commission received several submissions from Muslim persons of Arab or South Asian origin who reported losing their jobs as a result of a perception that they might be a security threat after the terrorist attacks of September 11^th. These individuals also reported having a very hard time regaining employment for the same reason: “I posted my resume on the net. I used to get at least 20 hits per day before 9/11, but after that, I only got 11 in one month, only because of my name and my place of education, Tehran, Iran.” (M.I.)

Interactions with police can result in people not being able to get security clearances for certain jobs, thereby directly compromising their job prospects: “Consequently this has affected my career path as well. I have a charge now, although no convictions but in the kind of work I do, ... my job prospects have dramatically narrowed.” (S.B.) In addition, the Muslim and Arab communities have expressed concerns that incidents of profiling in the United States may compromise their ability to secure jobs that involve travel to the U.S.

Moreover, the destruction to a profiled individual’s sense of self-esteem and self-worth described earlier in this Report can have a direct impact on his employability. A person may not even apply for a job because of self-doubt. If he does apply, it is likely that he will walk into the interview worried that the interviewer will apply stereotypical assumptions. In essence, his experience results in doubt that he will ever be judged fairly and on the basis of something other than the colour of his skin: “And if a young Black man comes into an employment situation where he has been attuned to react in that way to authority and confronted with an authority that may hire and fire, well you can see that he may have ...not a very productive attitude towards what would otherwise be an opportunity.” (H.M.) None of this is conducive to this individual gaining employment and, once hired, he may perform well below his potential for the same reasons.

The physical effects of racial profiling

Some participants in the inquiry recounted physical effects as a result of their experience of profiling. In some cases, these effects concerned their physical autonomy, dignity and privacy, for example, being strip searched, being frisked, sometimes by officers of the opposite sex, or having intimate body areas searched in public. In other cases, people were made to endure uncomfortable conditions while the incident of profiling occurred such as being made to stand in pouring rain or freezing cold for a long period of time or having a two-year-child sweating in a snowsuit during an excessive delay at Customs.

Other examples related to physical injuries as a result of excessive force or an aggressive response to a situation. The inquiry revealed that one manifestation of racial profiling can be a more physical or aggressive response based on the race, colour, ancestry, ethnic origin, place of origin or religion of the person. For example, a man who self-identified as older and White recounted an incident when he was in a store and got into a dispute with the sales clerk. The police were called and this person left the store at the same time as a young Black man. When the police arrived “they saw a shabbily dressed, middle-aged White guy and a smartly dressed Black man exit the store simultaneously, they proceeded to pounce on the Black guy, slam him up against the front window of the store, smash his face against the glass, and then started to cuff him. Instead of sneaking off during the excitement, I stood my ground and waited for them to figure out their mistake. ... When they realized that I was the suspect, did they treat me in the same violent fashion they had treated the Black guy? No. They simply got my side of the story, and took my ID information as we stood around outside the store.” (D.P.)

In another example, an African Canadian man, himself a police officer, was in another town and had been out with friends. The man admits that he was jay-walking when an officer stopped him but the response of the officer was disproportionate as he “slammed [him] against the wall of the restaurant without any warning”. The officer then handcuffed the man and despite his complete cooperation, slammed him against the trunk of his car and conducted a hasty search. On finding the man’s police identification card and badge, the officer did not accept that this individual was himself a police officer and threatened to charge him with “impersonating a police officer”:

“I know that I was not completely free of blame in the events that led to my contact with the police that night; I had been drinking, and I was jay walking, but it seemed so disproportionate to what transpired following my contact with the police. ... I was also embarrassed that my friends had to witness me getting thrown around and manhandled. I was in physical pain for a few minutes while the police officer jammed my arm to my back to handcuff me, and slammed my face down on his car. I felt like fighting back, and actually thought about this as an option as I could not even imagine under what pretext the police officer could legally be interfering with me. I felt like I was being assaulted. I was ashamed at how fellow officers sometimes behave and how it can belittle and victimize regular citizens.” (S.B.)

One man reported receiving compensation from the Criminal Injuries Compensation Board as a result of a physical assault precipitated by profiling. This person has also moved to the southern United States as his injuries are permanent and are affected by cold weather.

Studies from the United States have shown associations between perceived racial discrimination and hypertension, self-reported health and days off sick.^[51] In addition, a United Kingdom study found victims of discrimination were more likely to have respiratory illness, hypertension, long-term limiting illness (a long-term illness or disability that limits daily activities or work), anxiety, depression and psychosis.^[52]

The physical impacts of profiling are profound and enduring.

The economic cost to society of racial profiling

The foregoing discussion of the negative impacts of racial profiling should make it evident that racial profiling has direct and indirect financial costs to individuals, businesses and society as a whole. There is, therefore, good reason to be concerned about racial profiling because of its economic cost to society, even if one belongs to a group that might not otherwise feel its direct effects.

But what are the direct economic costs to those who do not experience profiling? The Commission’s inquiry learned that there are a number of ways in which racial profiling can affect an organization, including its bottom line. Firstly, many participants in the inquiry whose concerns about profiling involved private sector enterprises, such as stores and malls, reported boycotting those businesses. And, in some cases not only do those individuals boycott the store but so do friends, families and even entire communities if that business happens to earn a reputation for engaging in profiling type activities.

In the United States civil suits have been launched against several major retail stores alleging they engage in racial profiling. Research by three university professors in the U.S. found more than 80 cases citing consumer racial profiling filed in U.S. federal courts since 1990, with even more having been brought in state courts.^[53] And, there have been several multi-million dollar settlements of these types of lawsuits. Of course, apart from the potential damages that could be awarded should the suit be successful, the cost to these businesses in damage to their reputation could be substantial.

Businesses may experience less direct losses as a result of racial profiling. For example, many businesses are seeking to increase diversity in their workforce. They realize that achieving equity and diversity is both the right thing to do and a key component of their business strategy. However, racial profiling may have a direct impact on an organization’s ability to recruit and retain qualified racialized candidates. As noted earlier, profiling can have the effect of increasing anti-social behaviour and contributing to increased marginalization of racialized groups. In other words, profiling can directly lead to a reduction of the pool of available candidates who have skills or education required by businesses.

In addition to the issues above, racial profiling also has a very negative impact on the morale of racialized employees. One of the most direct descriptions of an employment-related effect of profiling described during the inquiry came from a man subjected to a racially poisoned work environment, in part due to an incident of racial profiling. While at work, this man, who is African Canadian, and two White co-workers heard a woman from a nearby gas station screaming for help after she had just been robbed. They chased after the culprit, a White man, and the African Canadian man was the one who tackled the perpetrator. By the time they got back, a SWAT team from a police force outside of Toronto was on the scene. The police asked, "Did you catch him?" The manager answered, “Yes”, and an officer immediately assumed the African Canadian was the robber and grabbed him by the arm and said, “Come with me.”

The two White employees involved in the capture were interviewed by the police for witness statements and ultimately received civilian citations while the African Canadian man did not. His employer did not stand up for him and other employees laughed at him because of this incident. He ultimately filed a human rights complaint and was successful in showing that this and other incidents contributed to a racially poisoned work environment.

“Well, the people in my workplace felt it was funny to make different comments regarding race, racial harassment basically, and because the police grabbed me in that instance because I was the only Black person there, they thought it was hilarious. My manager at the time laughed until tears came out, because I was the person who was grabbed by the police. The police thought it was me, although I was the one who caught him.” (M.S.)

This example highlights the importance of employers being understanding and supportive of employees who have experienced profiling. And while this example is extreme, the racial profiling incidents described in this inquiry had clear impacts on individuals’ general level of morale, whether they occurred inside or outside the workplace.

It is widely acknowledged that employee morale is inextricably linked to customer satisfaction and organizational performance. Thus, through this link to the morale of the individual, the Commission concludes that racial profiling may well have an effect on the performance of both public and private sector organizations.

Another significant issue of concern to employers is employee mental and physical health and emotional well-being. As outlined earlier in this Report, racial profiling has a direct impact on all of these. An employee who has experienced profiling, directly or indirectly, or one who is simply concerned about its existence, will tend to worry that he or she may be profiled and this concern could very well have an impact on his or her job performance. And, there may be work time lost due to dealing with profiling (e.g. meeting with school officials, attending court etc.) or due to its physical, mental and emotional impacts.

Parents, in particular, described spending a great deal of time and exhausting their physical and emotional energy to deal with profiling issues that concerned their children, for example: “I was at my wits' end. Short-tempered, agitated and depressed. My doctor placed me on sleeping medication. I did not know what to do. I could not focus at work.” (K.N.) Employers cannot help but be impacted when an employee is under this degree of stress.

The Global Business and Economic Roundtable on Addiction and Mental Health has estimated the cost of mental disorders at $11 billion in productivity and $33 billion in total.^[54] It is clear that the stress to the individual, caused by racial profiling, forms some part of this cost.

Profiling may also directly interfere with an employee’s ability to carry out day-to-day job functions. For example, an employee who travels a lot for work may be impacted by issues of profiling by airport security or Canada customs. One participant who is a professional and travels on business trips outside Canada reported being questioned and delayed several times at borders and airports since September 11^th. He indicated that as a result he has curtailed business travel.

In addition, employees who drive company cars may be stopped for questioning only for the reason of being in a company vehicle, as happened to several persons who participated in the inquiry. Many people described being delayed for work, meetings and so forth as a result of incidents that involved profiling

Finally, there is the impact on Ontarians’ standard of living. Research suggests that higher levels of social cohesion are significant contributors to a prosperous economy and society.^[55] Social cohesion has been defined as “the ongoing process of developing a community of shared values, shared challenges and equal opportunity within Canada, based on a sense of trust, hope and reciprocity among Canadians”.^[56] It has been described as characterized by individuals having a sense of belonging to the community, participation in the management of public affairs, the recognition of tolerance of differences as a virtue and the maintenance of legitimate public and private institutions.^[57]

As illustrated in this Report, racial profiling, among other things, compromises our future through its impact on our children and youth, creates mistrust in our institutions, impacts our communities’ sense of belonging and level of civic participation and impacts on human dignity. Therefore, social cohesion is no doubt undermined by racial profiling at a high economic cost to Ontario society.

^[32] S. Wortley, Racial Differences in Customs Searches at Pearson International Airport: Results from a Pilot Survey, supra, note 11.
^[33] American Psychological Association, Letter to U.S. House in Support of the End Racial Profiling Act, H.R. 2074 (9 August 2001), online: American Psychological Association: <http://www.apa.org/ppo/issues/pracialprof.html&gt;.
^[34] Ibid.
^[35] Convention on the Rights of the Child, Entry into force 2 September 2 1990, ratified by Canada 13 December 1991.
^[36] M.D. Ruck & S. Wortley, “Racial and Ethnic Minority High School Perceptions of School Disciplinary Practices: A Look at Some Canadian Findings” (2002) 31(3) Journal of Youth and Adolescence 185 at 186,194.
^[37] R.J. Skiba & R. Peterson, “The Dark Side of Zero Tolerance: Can Punishment Lead to Safe Schools?” (1999) 80(5) Phi Delta Kappan 372, online: <http://www.pdkintl.org/kappan/kski9901.htm&gt;; L.M. DeRidder, “How Suspension and Expulsion Contributes to Dropping Out” The Education Digest (February 1991).
^[38] Interview with David R. Offord, Director, Canadian Centre for Studies of Children At-Risk, McMaster University, 6 May 2003.
^[39] V. Lu, “Youthful Fears Include Police Treatment” Toronto Star (16 January 2003).
^[40] The Report of the Race Relations and Policing Task Force, supra, note 7 at 23.
^[41] C.E. James, supra, note 11 at 173.
^[42] Raymond W. Li, Letters to the Editor, Share (19 June 2003) 9.
^[43] D. Kennedy, “We need not yield to them: Some U.S. cities have made great strides in dealing with violent kids. But for starters, adults must act, says Harvard’s David Kennedy” The Globe and Mail (18 August 2003).
^[44] Statistics Canada, Visible minority population, provinces and territories (2001 Census), online: Statistics Canada <http://www.statcan.ca/english/Pgdb/demo40b.htm&gt;. Statistics Canada indicates that the total “visible minority” population of Ontario based on the 2001 census was 2,153.045. Ontario’s total population was 11,285,550. Listed “visible minority” categories are: Black, South Asian, Chinese, Korean, Japanese, Southeast Asian, Arab/West Asian, Latin American, visible minority not included elsewhere and multiple visible minority.
^[45] C. Fröhlicher-Stines, “The Effects of Racism on Group and Individual Identity”, Nationale Tagung de EKR, 20. Mar 2002, online: <http://www.ekr-cfr.ch/tagungen/2002/carmel_froehlicher_stines.pdf&gt;.
^[46] Ibid.
^[47] Ibid.
^[48] See for example: Canadian Race Relations Foundation, Unequal Access: A Canadian Profile of Racial Differences in Education, Employment and Income (Prepared for the Canadian Race Relations Foundation by the Canadian Council on Social Development, 2000), Report of the Commission on Systemic Racism in the Ontario Criminal Justice System, supra, note 1 and Ontario Human Rights Commission, Human Rights Commissions and Economic and Social Rights (Research Paper, February 2000), online Ontario Human Rights Commission http://www.ohrc.on.ca/en/human-rights-commissions-and-economic-and-soci…
^[49] C. Fröhlicher-Stines, supra, note 45.
^[50] For example, Dr. Sanchez-Hucles, Professor of Psychology at Old Dominion University in Virginia has studied the effect of living with racism on minority citizens. She argues that chronic problems arising from the severe stress of racism should be viewed as a type of post-traumatic stress disorder. For a discussion of the psychological effects of profiling see D. Harris, Profiles in Injustice, supra, note 27 at 97-8.
^[51] N. Krieger, “Discrimination and Health” in L. Berkman & I. Kawachi, eds., Social epidemiology. (Oxford: Oxford University Press, 2000) 36.
^[52] S. Karlsen & J. Nazroo, “Relation between racial discrimination, social class, and health among ethnic minority groups” (2002) 92 Am J Public Health 624.
^[53] “Lawsuits Cite Consumer Racial Profiling” Associated Press (9 June 2003).
^[54] Global Business and Economic Roundtable on Addiction and Mental Health Web site: http://www.mentalhealthroundtable.ca/june_2003/HealthMandateArticles.pdf
^[55] R.D. Putnam, “The Decline of Civil Society: How Come? So What?” 27 Optimum 27; D. Stanley & S. Smeltzer, Many Happy Returns: How Social Cohesion Attracts Investment, Draft, November, 1999, SRA-389 as cited in S. Vail, Changing Values the Canadian Way (Paper prepared for the Conference Board of Canada, September 2000) at 16.
^[56] Policy Research Committee, Sustaining Growth, Human Development and Social Cohesion in a Global World (Ottawa, 1999) as cited in Changing Values the Canadian Way, ibid. at 15.
^[57] J. Jenson, Mapping Social Cohesion: The State of Canadian Research, CPRN Study No. F/03, 1998 as cited in Changing Values the Canadian Way, ibid. at 16.