The effects of racial profiling

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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.

“He lost one and a half years of his schooling. He was one of the top students in his class. He was finishing Grade 13, and he had been doing all the documentation process to get into university. He lost that. … He is trying to finish his high school at night…” (J.M.)

“My eldest son was one of the first victims of zero tolerance and this meant for him to lose two years of his school, his high school. … Nobody was willing to take him. You know, it was very hard for him to go back and complete his high school. Not only because the schools didn’t want him, but also because he had lost interest…” (S.M.)

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.

“…she has seen a change in him. He was a quiet obedient child now she is seeing a different child who does not listen to her anymore and also become very disruptive.” (C.L.)

“When you are a young person and people think you are bad, what is the point of behaving well anyway, if they are going to treat you like a criminal, why should you even bother trying to, you know, [be] better? … My fear is that one of these days my kids are going to be a little too fed up with this and they are going to have an attitude, you know, and they are going to be arrested.” (S.M.)

“This situation actually scares me because I have teenage children and I have an older son, and I fear when they go into a mall … I constantly counsel my son because of issues like this that occur about going out into the public and how to conduct yourself and what happens if something like this happens, the reaction is anger, the reaction is frustration, at their young age, if they react, then the situation escalates even further.” (L.V.)

“If kids are treated this way, society may as well build jails for them later in life.” (C.P.J.)

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:

“My friends who are White are bewildered because their sons do not get stopped, and my friends with Black children are afraid, because they have already had their own teenaged sons stopped, or they have young sons coming up who they know will experience the same treatment. … [In the community] there is a chilling effect, a loss of trust, and fears for the safety of the children.” (D.W.)

“Now I feel very afraid for my two boys. I’m afraid for them to go out. I can’t sleep when they go out. I’m scared when they go out with Black friends. They’re like a magnet. It’s not fair that four Black kids can’t walk around.” (S.N.)

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”:

About three times I tried to put a complaint in to police. … [The department] refused to disclose the procedures involved in filing a complaint. I found no way to get any justice.” (O.B.)

“There is nothing I can do, since I know how the system is, where is the independent body where to file a complaint?” (S.M.)

“I consulted a lawyer, who advised me that suing either the police or the family in civil court would not be beneficial. There would be little guarantee of victory and any award would not cover legal costs. I filed a complaint through the appropriate police services review board. The result was totally unsatisfactory. The reviewing officer merely compounded my humiliation by affirming that the police were not at fault.” (R.Y.)

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.

“I do not go to the police when I have a problem. I will not do so in the future, either. However, if there is a problem that absolutely requires police assistance and I can request help on the phone anonymously, so they can’t see that I’m Black, then I will.” (T.B.)

“Profiling does nothing but create distrust and resentment when it is done. This in turn causes a negative backlash in the community. This is part of the reason that the police force gets very little cooperation when dealing with the Black community. If a person does not feel valued by the system, you will in turn see how that person can become a negative force.”
(W.H.B.)

“People are afraid to talk to the police in the Black community… There are good cops, but the bad ones make us mistrustful of all police. It makes it hard for them to solve crime.” (S.N.)

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

“On the Canada Customs and Revenue Agency web site under Client Rights it states CCRA operates on the fundamental belief that its clients are more likely to comply with the law if they are treated fairly. … Being interrogated and thoroughly searched eight out of nine times is not the same as being searched from time to time or being treated fairly. … It is being targeted. It is imperative that to ensure people crossing the border respect Canadian laws, our Customs and Immigration Officers recognize that ethnicity, accent, country of citizenship, style of dress, or make of vehicle does not indicate criminal intent or criminal activity.” (L.E.K.)

“Where minority children are denied rights, verbally abused, physically threatened, belittled and disempowered, it can only have a predictable effect. That would be alienation from the law that these people purport to represent, creating a counter-culture where it is felt that “the law” is negative, should not be respected and should be challenged or disregarded completely. Aberrant behaviour becomes the norm for those who have no reason to respect the law. This does not serve the greater public good.” (B.K.)

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.

“[My son] is back at school now, and is nervous to even walk by the school office. He is very intimidated and traumatized by the issue. He gets anxious in the presence of the school officials. There is no trust after what they did to him. He stays clear of authority figures. The trust is broken. … Focussing on his studies has become pressured and difficult. He is very uncomfortable in an environment that should be conducive to learning.” (K.N.)

“I tried to work with school staff with little success. I am angry and very frustrated and cannot take it any more. I have taken my child out of the school system and placed him in my mother’s care and he is now doing home schooling.” (N.C.)

“I try to keep a positive head for my daughter’s sake. But I truly feel uncomfortable leaving her at the school but feel like I have no choice at this time being a single mom.” (C.L.)

“I do not trust the public school system, the police or the court system. I feel betrayed, manipulated and abused. This is how I feel.” (E.M.)

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:

“How long do you have to live in Canada before you’re accepted? 150 years of contribution in this community seems not to be enough.” (A.M.)

“I have lived in Canada since January 1980, and have been here since I was three years old. I’ve gone to school in Canada since Kindergarten and being “Canadian” is the only identity I have. It became painfully clear at that moment that there were two levels of citizenship. Those of Caucasian descent, and those from other countries. I would never be able to be a full Canadian citizen — one that was treated with all the privileges of being a citizen. It was a very dehumanizing experience.” (H.K.)

“[I felt] degraded, debased, ridiculed, and definitely not like a Canadian Citizen, which I have been for 90% of my life.” (L.L.)

“I was born in Toronto and have lived here all my life…I wish I could feel like my Canadian citizenship rights and status as a Toronto dweller were as secure as my White colleagues.” (S.S.)

“It is painfully obvious that these sales staff either assume that I am unable to purchase the expensive items in their establishment or in the alternative, am entering their establishment in order to steal their merchandise. This behaviour causes an enormous amount of self loathing. It continuously causes one to feel somewhat inferior.” (T.E.)

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.

“I am a young Black female who is university educated. I am also a homeowner and professional. I contribute to society as much as other Canadians. But [as a result of being followed by security] I felt that I was not worthy to be in their store. They may as well hang up signs in the store ‘For Whites only…’.” (A.C.)

“I am a secondary school teacher … and a law-abiding citizen in every way. I am respected by my students and peers, but [because of the inappropriate questions I was asked by Customs on returning from Jamaica] I was made to feel like a second class citizen.” (Y.N.)

“[Being stopped because I was driving a car registered to a union] tells me I’m not good enough to work for a union, because I am Black. And this made me feel less than a human being. And this shows that my contribution to Canadian society is not valued.” (M.W.)

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.

“Unless something is done, many people in Canada will of necessity feel less of a connection to Canada.” (H.K.)

“[After being questioned and thoroughly searched 8 out of 9 times when crossing the border], it is extremely difficult to develop a sense of loyalty to a country where each time one attempts to re-enter he is treated in such fashion.” (L.K.)

First responders reflect on challenges, lessons 1 year after deadly midair collision

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In the year since the midair collision over the Potomac River, first responders reflected on the challenges they overcame to recover the remains of all 67 passengers. (7News)

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WASHINGTON, D.C. (7News) — One year after the midair collision over the Potomac River claimed the lives of all 67 people on board the Black Hawk Helicopter and American Airlines, first responders say the emotional toll remains heavy.

“I know when I talk about it, my voice cracks,” D.C. Fire and EMS Chief John Donnelly said. “And my therapist says that’s okay.”

“It’s important to acknowledge that maybe in the moment, we are responders and we put that away, but later it comes out,” he said.

In the immediate aftermath of the crash, hundreds of first responders from across the region worked nonstop in freezing conditions, racing to find and rescue the passengers. As the time ticked on, it became clear there would be no survivors.

Metropolitan Police Interim Chief Jeffery Carroll said that extensive training for mass casualty incidents helped eliminate many common problems that could have occurred otherwise.

“A lot of the issues you would expect, like with radios and things like that, we’d actually worked out before,” Carroll said.

But the scope of this incident was unlike anything most responders had experienced.

“There hadn’t been a major commercial air crash in the United States in 18 years,” Donnelly said. “There’s not a lot of experience with this.”

Rescue boats, divers, and emergency crews responded from multiple jurisdictions. Early challenges included determining the size of the wreckage field and how many divers were needed. Divers were only able to stay underwater for minutes at a time to prevent hypothermia due to icy water temperatures.

“The water was cold — it was icy,” Carroll said. “That definitely made it more challenging.”

About an hour into the response, officials confirmed there were no survivors. At that point, Donnelly said, priorities shifted.

“Our first priority was to take care of the families, because they became our survivors,” Donnelly said. “The second was to support the NTSB investigation because that’s a complex process. And then the third one was to make sure our responders had the help we needed.”

The response required close coordination between local and federal agencies, who arrived in the days later.

“They would come in and have an idea about something,” Donnelly said. ‘“We’re the federal government, we’re here to help,’ and they’d expect that to be done and we’re like, ‘Well, we’re the locals and we’re already doing things.’”

“They may look like challenges to somebody watching from the outside,” he added, “but the reality is that’s exactly how it should work.”

Crews ultimately recovered remains for all 67 victims. While the lessons learned will inform future training, Donnelly says there’s one thing they don’t plan to do.

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