Update: Remaining sections of #carding regulations come into force today

This is an update on the Carding Regulations (O Reg 58/16: Collection of Identifying Information in Certain Circumstances – Prohibition and Duties) (“Regulations”). On January 1, 2017, several sections come into force (i.e., the sections become “official law”). These sections include:

 

Throughout the coming days, we will be releasing more detailed discussions, analysis, and comments and concerns on the above sections. Stay tuned!

For now, we have included a general outline on the above-mentioned sections with our general comments and concerns on what this means now that it has become law. What do you think about these regulations? Comment below or comment on our Facebook page!

Despite persons and other entities like policing agencies saying otherwise, there is nothing in these Regulations that suggest a policing agency must create a carding practice. In other words, policing agencies that insist they must have carding in place because that is what the carding regulations dictate is a false requirement. The carding regulations merely give direction to policing agencies that do develop carding practices. Thus, there is nothing in the regulations that state policing agencies require carding practices to conduct policing in communities.

There are other instances in the Regulations that refer to the January 1, 2017 deadline. This includes Section 2 (or the Application – information collection section), and Section 12 (or the Policies and Procedures) that the Police Boards and Minister must develop regarding several matters.

Section 2 outlines that the Regulations only apply to the collection of identifying information on or after January 1, 2017. Information collected prior to this date is regulated by Section 12(1) and Section 13(1). Section 12(1) outlines that Police Boards and the Minister must develop policies regarding the “retention of, access to, and disclosure of information collected before January 1, 2017 with respect to which this Regulation would have applied had the collection taken place on January 1, 2017.” This implies a retroactive application for policies developed pertaining to the collection of identifying information prior to January 1, 2017. Section 13(1) outlines that the chief of police must also develop procedures regarding Section 12(1) (i.e., policies and procedures of the Board and Minister). It is not clear if the policies developed by the Board and Minister must be the same as the policies and procedures as the chief of police.

Prior to January 1, 2017, we engaged in an in-depth analysis on the Regulations on our website: www.btllaw21.com.

You can read the specific analysis on the above sections in the links below (but we will be releasing such details throughout the week as well):

  • Sections 5-9
  • Section 11
    • Section 11: Chiefs of police must ensure training
      • Concerns/Comments: While the regulation says that chiefs of police must ensure every police officer who attempts to collect identifying information undergoes training must be trained in how to avoid bias, discrimination and racism when providing police services, other sections in the regulation indicate that racialized persons can still be targeted on the basis of race (in conjunction with other identifying markers).
  • Sections 14-17
    • Section 14: Annual report
      • Concerns/Comments: The annual report outlines details and data collected under the carding regulations (i.e., number of attempted collections or number of times a police officer relied on an express provision not do something required under section 6). Presumably, police officers can still discriminate against certain groups because the report does not account for number of discriminated attempts, just disproportionate attempts which are justified if explained away by relevancy. This raises the question: What is relevant under this regulation in the context of policing?
    • Section 15: Chiefs of police must review practices and report
      • Concerns/Comments: This entire section depends on the Boards’ or the Commissioners’ directions to chiefs of police which may not address the arbitrariness inherent in carding practices.
    • Section 16: Chiefs of police must make records available
      • Concerns/Comments: This only applies to requests by the Minister.
    • Section 17: Review of Regulation
      • Concerns/Comments: A review of these regulations must be conducted by January 1, 2019 and the Ministry of Community Safety and Correctional Services must ensure that the person who conducts the review consults with the Minister Responsible for Anti-Racism.

Tell us what you think about these regulations: How do you feel about the Regulations? Do you think the Regulations are honest in their intentions and purpose? Leave a comment below or comment (and “like”) on our Facebook page.

 

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