CLASS ACTION LAUNCHED AGAINST TORONTO POLICE SERVICE FOR DISCRIMINATORY PRACTICE OF CARDING

TORONTO, Aug. 15, 2023 /CNW/ - The Black Legal Action Centre (BLAC) and McCarthy Tétrault LLP have commenced a class action against the Toronto Police Service for the practice of "Carding", which has disproportionately been used to harass and intimidate Black and Indigenous people. The action names as defendants the Toronto Police Services Board and former and current Chiefs of Police Bill Blair, Mark Saunders, James Ramer, and Myron Demkiw. The proposed class includes Black, First Nations, Inuit and Métis people who were Carded by the Toronto Police Service since 2011. 

Carding refers to the police practice of stopping individuals without any suspicion of involvement in criminal activity, seizing their personal information, and retaining this information for law enforcement purposes. The Toronto Police Service has, and continues to, disproportionately Card members of Toronto's Black and Indigenous communities. Once Carded, the Toronto Police Service maintains a permanent record of their personal information, which it uses for law enforcement purposes and shares with other agencies.

The Statement of Claim, issued on August 14, 2023, alleges that the Toronto Police Service's historical and ongoing use of Carding breaches the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code, was negligent, and unlawfully intruded upon the seclusion of the Class members. The claim seeks immediate injunctive relief to reform police practices, together with compensation for members of the proposed class.

Ayaan Farah, a 38 year-old Somali-Canadian, is the proposed representative plaintiff. The Toronto Police Service Carded Ms. Farah. She had done nothing wrong and she was not the subject of any criminal investigation. At the time, Ms. Farah was an employee of an airline, and she was required to have a security clearance as a condition of her employment. Once she was Carded, Ms. Farah was "known to police" and her security clearance was revoked. She was immediately suspended from her job without pay. Ms. Farah was only able to resume her employment some 21 months later after successfully challenging the denial of her security clearance in court. 

Like so many members of the proposed class, Carding was a nightmare experience for Ms. Farah that had far-reaching consequences. In Canada, people enjoy the fundamental right to move freely and without arbitrary detention by police officers. However, Carding has made members of the Black and Indigenous communities fearful to walk down the street; made them feel like criminals because of their racial or ethnic identity; and made them feel like second-class citizens, denied the right to live their lives without baseless police interference.

Ms. Farah states "hopefully, this case will cause the police to rethink their practices. There must be a way to keep our communities safe without intimidating and harassing innocent people."

Danette Edwards, Legal Director at BLAC and co-counsel to Ms. Farah, states that "BLAC is dedicated to pursuing litigation that can advance the rights of the most vulnerable members of Toronto's Black communities. We have repeatedly heard stories of members of the community being discriminatorily Carded. These interactions often leave our clients feeling distraught, vulnerable and unsafe and harken back to the days when Slavery allowed police to stop, question and arrest Black people going about their daily business. We are keen to pursue justice for these individuals and determined to stop this reprehensible practice."

Solomon McKenzie, an associate at McCarthy Tétrault LLP and co-counsel for Ms. Farah states that "the Toronto Police Service has continued the practice of carding for decades. They have maintained this practice despite repeated statements from community members and leaders, advocates, public inquiries, academics, representatives of the United Nations, and the Defendants' own studies, which collectively confirm that Carding is discriminatory, has harmful impacts on Black and Indigenous communities, and is an ineffective tool for policing."

Atrisha Lewis, a partner at McCarthy Tétrault LLP and co-counsel for Ms. Farah, states "I would particularly note the words of Chief Justice of Ontario Michael Tulloch, whose 2018 "Report of the Independent Street Checks Review" stated that 'Carding is a practice that no longer has any place in modern policing'."

This case comes at an important juncture. The Ontario Human Rights Commission is due to release its report on anti-Black racism in Ontario policing, which is widely expected to confirm that the practice remains endemic. The report comes as Ontario is in the midst of implementing the Community Safety and Policing Act, 2019, which is set to replace the Police Services Act. As part of this implementation, Ontario is seeking to amend various regulations, including the regulations that fail to adequately control the practice of Carding. This is an opportunity to ensure that the Toronto Police Service does not continue to repeat the mistakes of the past.

A 2013 class action sought to address the Toronto Police Service's practice of Carding but failed to advance to a motion for certification. Ms. Farah is committed to seeing her action through to a successful resolution, and she invites the Toronto Police Service and policymakers to a discussion about how to rebuild trust with communities that have faced longstanding discrimination at the hands of law enforcement.

If you identify as Black, First Nations, Inuit or Métis and have been a victim of Carding since 2011, please leave a message for the lawyers for Ms. Farah at 1-877-244-7711 extension 542300 or send an email to [email protected].

For more information on the Carding class action, visit https://www.mccarthy.ca/en/carding-class-action. 

SOURCE McCarthy Tétrault LLP

Media contact and information: Media inquiries should be directed to counsel for Ms. Farah: Michael Rosenberg, Partner, McCarthy Tétrault LLP at [email protected], or Atrisha Lewis, Partner, McCarthy Tétrault LLP at [email protected]."