DEPUTATION TO THE TORONTO POLICE SERVICES BOARD

By Miguel Avila March 27, 2013 Item 6: Toronto Police Service Street Checks and Receipts
I must confess, I thought today s meeting will put an end to the ongoing saga of the Carding process, Racial Profiling and Street Checks. However, the letter dated March 11, 2013 by the Chief Commissioner of the Ontario Human Rights Mrs. Barbara Hall, has been added to the ongoing discussion in regards Carding and Street Checks that members of the community have spoken on in previous meetings which is fine. The Commissioner supports the Board for seeking for an opinion to the City Solicitor, and that is exactly we were told last January meeting. . Well, the board has put the question to the City Solicitor, Mrs. Anna Kinastowski, if this practice is a constitutional violation of the Charter of Rights and Freedoms. The public does not know when the Solicitor will be coming to the Board to report back on its findings , Question: Would it be possible for the Board to request Mrs. Kinastowski to report back at a special board meeting next week? Dear Board Members, You have hear loud and clear from members of the community such practice it is a clear violation of the charter. Moreover, the delaying tactics is causing mistrust on the board ability to put an end to this practice that involves Racial Profiling. Carding, or Street Check . In my opinion is a controversial system of information collection that the police say is an integral part of their work done in secret and with no assurances it will be protected from abuse by hot headed officers. (Ottawa Case) As you are aware I am T.C.H.C resident and I know how this street checks are applied by member of T.A.V.I.S in a regular basis to residents of my community including myself. It appears that the Trespass Act has been modified to accommodate T.P.S officers to be the agents of the Corporation, to enforce and conduct street checks in T.C.H.C properties. I had witnessed T.P.S officers freely walk through the property hallways, corridors, parks, parking lots. You may say they are doing their job. sure enough. The stopping of residents at T.C.H.C building is in my view a disturbing practice, Residents feel they dont have to cooperate with the T.P.S since they are not being arrested or cited for an offense.

The stop and carding, it is an intrusive process of asking peoples personal information, God Forbids.. if you get puffed up or agitated because of the simple act of telling officers that they have no right to be asking questions.oh boy it can escalate from insults to the individual by the officers, to threaten with arrest, racist remarks, and at the end it result in physical interactions with residents by members of T.A.V.I.S . Another detrimental part of this exercise is the ongoing practice of requesting a peoples country of origin, Residents feel is a federal (Immigration Canada) matter, because they are aware of their rights not to reveal Immigration information to the T.P.S. most of the time, the individual is detained for not cooperating with the T.P.S. and in order to get released from Jail you need to reveal your country of resident and other personal information. Dear board member T.C.H.C residents have a life, families , a school to attend to, a church they need to be at, a job interview the next day, a job to be at to feed their families , the right to freely walk in their communities but they are fearful at the sight of the T.P.S. and it is because of this fear and past experiences with marginalized youth that residents dont cooperate with the T.P.S to solve a crime or pinpoint a member of the community for fear of being jailed as well. In the last few months the C.E.O of the T.C.H.C Mr. Eugene Jones, has hosted several small town hall meetings thorough the City , I have attended several of those meetings attended by City Councilors , MPPs and Residents, they have told Mr. Jones over and over complaining on issues of safety and security. Mr. Jones encourage residents to come forward with information to the Special Constables operating with the corporation or the T.P.S the answer is always the same the complains are always the same.. the remarks are the same.. and the message , please cooperate with the T.P.S to reduce criminal behavior and activities in buildings plagued by crime. Excuse me?? .. How are we supposed to cooperate with the T.P.S if we are treated without respect and dignity?? You need to shape up and make amendments with the community but that will be part of my deputation on Item 29 : Process to Report Judicial Comments Regarding Officer Dishonesty or Misconduct . Stay Tuned.

Thanks again for your time.

Miguel Avila