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Strip searches are ineffective, unnecessary and target racialized Canadians

black lives matter

Credit: Pixabay/CC0 public domain

With the Toronto Police Department’s release of race-based strip search data as part of its Race and Identity Data Collection Strategywe can clearly see who it chooses to subject to comic searches.

We now know that by 2020 – although black people make up about 10 percent of the city’s population –one in three people who have been searched is blackNearly a third of all indigenous people arrested were searched

Comic search not only calls for: racial and sexual trauma, it is also ineffective. It’s finally time to talk about ending this oppressive police practice.

Searching for stripping is traumatic

For the past 20 years, the courts and watchdog agencies have tried to regulate the way the police conduct strip searches, with the aim of reducing the total number of strip searches they conduct.

In his signature case when scouring strip, R. v. Golden (2001), the Supreme Court of Canada defined comic searches as a separate type of “personal searches,” as opposed to general, pat-down, or frisk and cavity searches. The court defined strip search as “removing or rearranging some or all of a person’s clothing to allow for a visual inspection of one’s private areas, i.e. genitals, buttocks, breasts…or undergarments.” .”

In the Golden case, the court also recognized the principled intrusiveness of strip searches. They “represent a significant invasion of privacy” and are often a “humiliating, humiliating and traumatic experience”. Racialized people, as well as women, finding searched can be akin to assault. Incarcerated women also watch their comic quests as assault

The Supreme Court also recognized that black and Indigenous people suffer disproportionate harm from the racial trauma associated with frisking. In the absence of statistics, the majority of Supreme Court justices in the Gold case concluded that black and indigenous people “probably represent a disproportionate number of those arrested by the police and subjected to personal searches, including searches.”

According to law professor David TanovichThe court’s approval of this fact confirmed an anti-racism principle in the interpretation of the Charter of Rights and Freedoms.

Comic Quests and Systemic Racism

The Toronto Police Services’ race-based data collection on strip searches is due to the efforts of provincial watchdogs and lawmakers to bring Ontario’s police force into line with the law.

In its 2019 report, “Breaking the Golden Rule: An Overview of Police Lane Searches in Ontario,” the Ontario Independent Police Review Director, an independent police watchdog, found that Ontario police conduct “too many” unwarranted and illegal searches.

While the report did not address cases of systemic racism, the watchdog recommended that police forces collect race-based data on strip searches as part of a wider police data collection project commissioned by the province in 2017. anti-racism law

Why are comics studies necessary?

The justification that supposedly trumps the rights of individuals is that strip searches are necessary. But are they?

Under current law, an officer may search for weapons, evidence, or anything else that could cause injury and aid a person’s escape.

According to the Toronto Police Department procedures for finding people, police officers are expected to do a search before considering a comic book search. The vast majority of items are found during these searches.

In addition, the police routinely confiscate items such as shoelaces and belts during the booking process. Courts have criticized Ontario police forces.York Region and Quinte West-for seizing underwire and thong bras as a routine procedure.

The Breaking the Golden Rule report noted that Toronto police seized bras from one-third of the women they arrested between 2016 and 2019. The forced removal of these items constitutes a search warrant and routine searches are not legally justified.

Given the dragnet that police officers subject arrested people to, especially those taken into custody, it’s not surprising that there isn’t much left for them through a comic strip search.

Rarely Found Items

In May 2014The then Toronto Police Chief reported to the Police Services Board that in only two percent of strip and cavity searches the police found items, and only a fraction of those found items posed a risk.

Unfortunately, the Toronto Police Department does not provide descriptions of these items in the current race-based comic search datasetto be open data portal whether it is annual reports to the Toronto Police Service Board.

Given that the police rarely discover dangerous objects, is it really worth it to subject countless people to searches that are humiliating, violate constitutional rights and traumatize the black and indigenous people who are searched disproportionately? It’s time to end the exercise.


Stop and Seek: New Data Shows Continuing Ethnic Disproportion


Provided by The Conversation


This article was republished from The conversation under a Creative Commons license. Read the original articleThe conversation

Quote: Comic searches are ineffective, unnecessary and target racialized Canadians (June 2022, June 17) Retrieved June 17, 2022 from https://phys.org/news/2022-06-in Effective-unnecessary-racialized-canadians.html

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