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Public inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service

Code Grounds
colour
race
Social Areas
goods, services and facilities
Law
Ontario Human Rights Code
Resource Type
Inquiry
report
Activity Type
public interest inquiry
research
Discrimination Type
racial profiling
racism
systemic
Organizational responsibility
best practices
data collection
poisoned environment
policy and procedure development
Key Priorities
Criminal Justice
Intended Audience
government
media
service providers

Status update on OHRC inquiry into anti-Black racism by the Toronto Police Service

December 14, 2023

 

News Release: OHRC makes over 100 recommendations to address anti-Black racism in the Toronto Police Service

Final Report: From Impact to Action: Final report into anti-Black racism by the Toronto Police Service

 

Status update on OHRC inquiry into anti-Black racism by the Toronto Police Service

March 17, 2022

The Ontario Human Rights Commission’s (OHRC) work on the Public inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service (TPS) is ongoing. The OHRC is analyzing the TPS’ and Toronto Police Services Board’s (TPSB) policies, procedures and practices; training and education; and existing and proposed accountability and enforcement mechanisms, through engagement with Black community members, experts and police. 

In the spirit of cooperation, the TPS, TPSB and the Toronto Police Association have agreed to additional engagement to ensure that the report includes a broad range of policing and community safety and well-being perspectives. The OHRC, TPS and TPSB are working collaboratively to identify additional relevant stakeholders for interviews or other forms of feedback, leading us to extend our process.

The OHRC acknowledges significant public interest in the inquiry and the release of its final report and recommendations. To this end, the OHRC is working diligently, and is committed to producing a significant and impactful report. It is working with Black communities and the TPS and TPSB to ensure that this work results in comprehensive, positive and meaningful action. By moving the report’s release to later in 2022, the OHRC is hopeful that the additional time, work and engagement with communities will help achieve this goal.

 

Update on the OHRC’s inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service – April 2021

Last updated April 30, 2021

Over the past few months, the Ontario Human Rights Commission (OHRC) has continued to hear from Black communities about the damaging effects of policing issues, including over-charging and excessive use of force, systemic racism and anti-Black bias – the same issues we have heard for over four decades.

A Disparate Impact, the OHRC’s second interim report, was cited by the Ontario Superior Court of Justice as part of the social context of systemic racism in policing when determining an appropriate sentence for Officer Michael Theriault, whose assault of Dafonte Miller with a metal pipe while off duty sparked outrage from Black communities across Canada.

Next steps: a final report

We have experienced some delays related to COVID-19 and the receipt of information from the Toronto Police Service (TPS) and Toronto Police Services Board (TPSB), but our work has continued. Dr. Wortley is completing his analysis of data related to TPS stop, question and search practices. As well, the OHRC has been analyzing TPS and TPSB policies, procedures, training and accountability mechanisms. We have completed interviews of TPS leaders and have sought input from TPS officers, and continue to engage with Black community leaders and advocacy groups. 

A final report, which will include an extensive series of recommendations, is now planned for release in fall 2021.

 

Interim report: A Disparate Impact

On August 10, 2020, the OHRC released its second interim report in its inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service.

A Disparate Impact confirms that Black people were more likely than others to be arrested, charged, over-charged, struck, shot or killed by Toronto police.

A Disparate Impact includes two expert reports from criminologist Dr. Scot Wortley, who analyzed quantitative TPS data ranging from 2013 to 2017. The results highlighted in Racial Disparity in Arrests and Charges: An analysis of arrest and charge data from the Toronto Police Service, and Use of force by the Toronto Police Service: Final report, are highly disturbing, and confirm what Black communities have said for decades – that Black people bear a disproportionate burden of law enforcement.

 

Steps taken since the release of A Collective Impact

After the release of A Collective Impact, the OHRC continued to engage with the TPS and TPSB. For example, it made oral and written submissions to the TPSB related to their data collection policy. Coming out of the recommendations from A Collective Impact, the OHRC is pleased that the TPSB adopted a policy on collecting race data. This is a significant step forward in the TPSB’s efforts to identify and address systemic discrimination.

The OHRC engaged with Black communities to gather first-hand accounts within the scope of the inquiry, including through focus groups. It met with over 70 individuals across the GTA and heard similar concerns related to fear, trauma, humiliation, mistrust and expectations of negative treatment by the TPS as those expressed in A Collective Impact.

 

Interim report: A Collective Impact

On December 10, 2018, the OHRC released A Collective Impact, its first interim report on the inquiry. A Collective Impact included an analysis of quantitative data received from the SIU, as well as a review of SIU Director’s Reports, which had never before been released to the public. It also highlighted legal decisions that found discrimination against Black persons by the Toronto Police and summarized our engagements with Black people across the city.

 

Background

On November 30, 2017, the OHRC announced that it launched a public interest inquiry into racial profiling and racial discrimination by the Toronto Police Service. Using its legislated inquiry powers under section 31 of Ontario’s Human Rights Code, the OHRC called for the TPS, the Toronto Police Services Board (TPSB) and the Special Investigations Unit to provide a wide range of data to determine exactly how and where racial profiling operates in law enforcement.

 

About the inquiry

The OHRC is inquiring into the practices and activities of the TPS between January 1, 2010 and June 30, 2017, to assess whether they are consistent with racial profiling and racial discrimination against the Black community, including in the areas of:

  • Stop and questioning practices
  • Use of force
  • Arrests and charges, and forms and conditions of release for various offence categories, including:
    • Simple drug possession
    • Obstructing or assaulting a police officer
    • Causing a disturbance
    • Failing to comply with a bail condition (see Terms of Reference for complete list).

The OHRC is also examining the TPS and TPSB’s culture, training, policies, procedures and accountability mechanisms relating to racial profiling and racial discrimination.

 

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