Carding 'wrong, illegal,' former Ontario ombudsman concludes

Stopping citizens without reasonable basis is "wrong and illegal," former Ontario ombudsman Andre Marin says in a report that was made public Thursday.

In a25-page document that was submitted to the Ministry of Community Safety and Correctional Services on Aug. 31, Marin takes on the controversial practice of carding, also known as street checks.

The outspoken former ombudsman arguedthat there is insufficient evidence that carding is aneffective policing tool, and presentedconflicting examples of how it differs among police servicesacross the province.

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Noting that the ministry intends to regulate street checks,Marinmade25 recommendations tohelp it control the practice which he says"disproportionately impacts racialized and marginalized individuals."

The report recommends a number of changes, including:

• Cautioning everyone who is cardedthat they have the right towalk awayprovince-wide training for officers to ensure consistent practices.
• Conductingmore research intothe effectiveness of carding and consultation with human rights experts on the harm it causes.
• Placingstrict limits on the use of street checks and retention of any data gathered.
• Enactingindependent oversight.
• Bancarding of anyone under 18.

Marinconcluded that he remainsunconvincedthat "there is a public interest purpose sufficient to override the infringement of the right to be free from the arbitrary detention that street checks represent."

Toronto Mayor John Tory had called for a permanent end to carding in June, but backed down from that stance andvoted instead for restrictionsincluding requiring officers to give a receipt to the people they stop.

On Sept. 15, the Ontario Liberals replaced Marin with acting ombudsman Barbara Finlay.