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Little to no proof police carding has effect on crime or arrests: Ontario report

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Police street checks widely known as carding have little to no value as a law enforcement tool and should be significantly limited across Ontario, a judge tasked with reviewing the practice said Monday.

The report from Justice Michael Tulloch outlines certain circumstances in which police may have legitimate grounds to conduct street checks, or stop people at random and request identifying information.

But Tulloch, who was hired by Ontario’s previous Liberal government to assess the effectiveness of new regulations meant to limit the impact of street checks on racialized groups, said those circumstances are very specific and the practice as a whole should be sharply curtailed.

« There is little to no evidence that a random, unfocused collection of identifying information has benefits that outweigh the social cost of the practice, » Tulloch wrote in his 310-page report.

« Given the social cost involved with a practice that has not definitively been shown to widely reduce or solve crime, it is recommended that the practice of randomly stopping individuals to gather their identifying information for the creation of a database for intelligence purposes be discontinued. »

Tulloch, who previously led a review into Ontario’s complex police oversight system, was asked to turn his attention to carding months after the previous government made moves to eliminate what it described as systemic racism in law enforcement.

Police oversight

Street checks started coming under intense scrutiny several years ago amid data showing officers were disproportionately stopping black and other racialized people.

In 2016, Ontario introduced rules dictating that police must inform people that they don’t have to provide identifying information during street checks, and that refusing to co-operate or walking away cannot then be used as reasons to compel information.

The aim was to end arbitrary stops, especially those based on race, though anti-carding advocates have called for the practice to be abolished entirely.

Race is prohibited as forming any part of a police officer’s reason for attempting to collect someone’s identifying information.

Police had long argued that street checks have value as an investigative tool, a notion Tulloch challenged in his report.

« A widespread program of random street checks involves considerable time and effort for a police service, with little to no verifiable results on the level of crime or even arrests, » he wrote. « Some police services reported that there are other ways to gather data or use data that they already have more effectively. »

Tulloch’s report also debunked the notion that carding had played a role in solving the high-profile killing of Cecilia Zhang, a nine-year-old girl who was abducted from her Toronto home in the middle of the night in 2003.

Tulloch said many of the more than 2,000 people consulted for the report cited the arrest of Min Chen, who pleaded guilty to second-degree murder in Zhang’s death, as an example of a carding success story. Tulloch said, however, that Chen’s name first came to be in police files as a result of a non-random stop that did not fit the definition of carding.

On July 22, 2004, Peel police charged a 21-year-old male student from China with first-degree murder in the case of Cecilia Zhang, the nine-year-old girl who disappeared from her parents’ Toronto home. (CBC)

Chen was stopped in response to a complaint of illegal fishing filed weeks before the girl was killed, Tulloch said, adding the information gathered during that interaction later gained relevance when Chen’s name surfaced in the Zhang investigation.

« The Cecilia Zhang case does not support the proposition that the police should be authorized to randomly request and record identifying information, » Tulloch wrote. « It simply reinforces that when identifying information is properly obtained during a police investigation, as it was in that case, that information might be useful to help solve a crime. »

Additional recommendations

Tulloch said street checks have value in cases where there are clear suspicious circumstances, or when police need to identify the identity of a missing person or crime victim. Among his many recommendations to the new Progressive Conservative government were some stating the 2016 rules should not apply in such cases.

But other recommendations advise the government to take a harder line on street checks, tightening definitions of terms such as « identifying information » and « suspicious circumstances » and broadening protections during vehicle stops.

Tulloch also recommended an overhaul of the training that was put in place when the new rules took effect. He said it lacked the critical component of explaining why the changes were being made, which left some officers hesitant to get on board.

« Implementing new rules for police officers to follow has little value — and will not achieve the intended goal — if officers are not effectively and adequately trained on the reasons why the changes were necessary, » Tulloch wrote.

He also recommended officers at all levels « should learn how the widespread use of carding by some services and some officers has been abused in the past. »

Correctional Services Minister Sylvia Jones said the government is taking time to go through Tulloch’s findings, but said his work would « inform » efforts to reform police legislation in the province.

« We are committed to developing legislation that works for our police and for the people of Ontario, » Jones said in a statement. « Our new police legislation will reflect a simple principle: racism and discrimination have no place in policing. »

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Anglais

‘Business as usual’ for Dorel Industries after terminating go-private deal

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MONTREAL — Dorel Industries Inc. says it will continue to pursue its business strategy going forward after terminating an agreement to go private after discussions with shareholders.

« Moving ahead. Business as usual, » a spokesman for the company said in an email on Monday.

A group led by Cerberus Capital Management had previously agreed to buy outstanding shares of Dorel for $16 apiece, except for shares owned by the family that controls the company’s multiple-voting shares.

But Dorel chief executive Martin Schwartz said the Montreal-based maker of car seats, strollers, bicycles and home furniture pulled the plug on a deal on the eve of Tuesday’s special meeting after reviewing votes from shareholders.

“Independent shareholders have clearly expressed their confidence in Dorel’s future and the greater potential for Dorel as a public entity, » he said in a news release.

Dorel’s board of directors, with Martin Schwartz, Alan Schwartz, Jeffrey Schwartz and Jeff Segel recused, unanimously approved the deal’s termination upon the recommendation of a special committee.

The transaction required approval by two-thirds of the votes cast, and more than 50 per cent of the votes cast by non-family shareholders.

Schwartz said enhancing shareholder value remains a top priority while it stays focused on growing its brands, which include Schwinn and Mongoose bikes, Safety 1st-brand car seats and DHP Furniture.

Dorel said the move to end the go-private deal was mutual, despite the funds’ increased purchase price offer earlier this year.

It said there is no break fee applicable in this case.

Montreal-based investment firm Letko, Brosseau & Associates Inc. and San Diego’s Brandes Investment Partners LP, which together control more than 19 per cent of Dorel’s outstanding class B subordinate shares voiced their opposition to the amended offer, which was increased from the initial Nov. 2 offer of $14.50 per share.

« We believe that several minority shareholders shared our opinion, » said Letko vice-president Stephane Lebrun, during a phone interview.

« We are confident of the long-term potential of the company and we have confidence in the managers in place.”

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Anglais

Pandemic funds helping Montreal businesses build for a better tomorrow

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Many entrepreneurs have had to tap into government loans during the pandemic, at first just to survive, but now some are using the money to better prepare their businesses for the post-COVID future.

One of those businesses is Del Friscos, a popular family restaurant in Dollard-des-Ormeaux that, like many Montreal-area restaurants, has had to adapt from a sit-down establishment to one that takes orders online for takeout or delivery.

“It was hard going from totally in-house seating,” said Del Friscos co-owner Terry Konstas. “We didn’t have an in-house delivery system, which we quickly added. There were so many of our employees that were laid off that wanted to work so we adapted to a delivery system and added platforms like Uber and DoorDash.”

Helping them through the transition were emergency grants and low-interest loans from the federal and provincial governments, some of which are directly administered by PME MTL, a non-profit business-development organization established to assist the island’s small and medium-sized businesses.

Konstas said he had never even heard of PME MTL until a customer told him about them and when he got in touch, he discovered there were many government programs available to help his business get through the downturn and build for the future. “They’ve been very helpful right from day one,” said Konstas.

“We used some of the funds to catch up on our suppliers and our rents, the part that wasn’t covered from the federal side, and we used some of it for our new virtual concepts,” he said, referring to a virtual kitchen model which the restaurant has since adopted.

The virtual kitchen lets them create completely different menu items from the casual American Italian dishes that Del Friscos is known for and market them under different restaurant brand names. Under the Prasinó Soup & Salad banner, they sell healthy Greek options and their Stallone’s Sub Shop brand offers hearty sandwiches, yet the food from both is created in the same Del Friscos kitchen.

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Anglais

Downtown Montreal office, retail vacancies continue to rise

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Some of downtown Montreal’s key economic indicators are heading in the wrong direction.

Office and retail vacancies in the city’s central core continued to climb in the fourth quarter of 2020, according to a quarterly report released Thursday by the Urban Development Institute of Quebec and the Montréal Centre-Ville merchants association. The report, whose first edition was published in October, aims to paint a socio-economic picture of the downtown area.

The survey also found office space available for sublet had increased during the fourth quarter, which may foreshadow even more vacancies when leases expire. On the residential front, condo sales fell as new listings soared — a sign that the downtown area may be losing some of its appeal to homeowners.

“It’s impossible not to be preoccupied by the rapid increase in office vacancies,” Jean-Marc Fournier, the former Quebec politician who now heads the UDI, said Thursday in an interview.

Still, with COVID-19 vaccinations set to accelerate in the coming months, “the economic picture is bound to improve,” he said. “People will start returning downtown. It’s much too early to say the office market is going to disappear.”

Public health measures implemented since the start of the pandemic almost a year ago — such as caps on office capacity — have deprived downtown Montreal of more than 500,000 workers and students. A mere 4,163 university and CEGEP students attended in-person classes in the second quarter, the most recent period for which figures are available. Border closures and travel restrictions have also brought tourism to a standstill, hurting hotels and thousands of local businesses.

Seventy per cent of downtown workers carried out their professional activities at home more than three days a week during the fourth quarter, the report said, citing an online survey of 1,000 Montreal-area residents conducted last month.

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