Ontario Prohibits Carding And Street Checks, Sets Out New Rules For Police Interactions

March 22, 2016

Final Regulation Will Support Public Safety And Protect Human Rights

Ontario is building safer communities and protecting individual rights by banning the arbitrary and race-based collection of identifying information by police, referred to as carding or street checks.

The regulation prohibiting carding also sets out, for the first time in Ontario’s history, clear and consistent rules for a range of voluntary police-public interactions where police are seeking to collect identifying information. These rules will ensure that those interactions are conducted without bias or discrimination, and done in a manner that promotes public confidence and keeps Ontario communities safe. It also establishes new training, data management, reporting, and other requirements to strengthen accountability.

The final regulation – which is mandatory for all police services across the province – reflects feedback from public consultations on how the regulation can further enhance accountability, transparency, oversight, and public confidence. These include:

• Appointing an independent reviewer who will complete a review of the regulation within two years of full regulatory implementation, in consultation with the Anti-Racism Directorate
• Clarifying language and scope of the regulation to ensure a consistent application across Ontario
•  Establishing a training advisory roundtable comprised of policing, civil liberties, human rights, and youth experts to provide feedback to the Ontario Police College in developing a new training curriculum for all police officers in Ontario.

The Ministry of Community Safety and Correctional Services will also launch a multi-year academic study to better understand the impact on community safety from collecting identifying information through police interactions with the public.

Supporting safe, healthy communities is part of the government’s plan to create a fair and inclusive society.

QUICK FACTS

• Public meetings were held in Ottawa, Brampton, Thunder Bay, London and Toronto from August-September 2015.
• The ministry received 510 written submissions during the first consultation stage: 476 online submissions from the public and 34 written submission from organizations.
• After the draft regulation was posted on October 28, 2015, 82 further submissions were received from the public, as well as 28 written submissions from key stakeholders. This feedback helped to refine the final regulation.
• The Police Services Act and its regulations set out the legal requirements for police services, police officers and police boards across the province.

BACKGROUND INFORMATION

• Final Regulations Regarding Police Street Checks

ADDITIONAL RESOURCES

• Read notes from the five public meetings, as well as summaries of feedback received online and in stakeholder meetings.