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`Research paper law notes Sources: https://ccla.org/wp-content/uploads/2021/12/Anti-Black-Racism-Fact-Sheet-2021.pdf https://www.britannica.com/topic/police/The-development-of-police-in-Canada https://mail.google.com/mail/u/0/#search/law+reasearch+paper/ QgrcJHrttjvldrBPhZmLFKSwpdkfFmZsxcg?projector=1&messagePartId=0.1 https://mail.google.com/mail/u/0/#search/law+reasearch+paper/ QgrcJHrttjvldrBPhZmLFKSwpdkfFmZsxcg?projector=1&messagePartId=0.2 https://books.google.ca/books? id=U5u6gXu0g18C&printsec=frontcover&source=gbs_ViewAPI&hl=en&redir_esc=y#v=onepage &q&f=false file:///Users/smolinaro/Downloads/Police_Abolition_Black_Revolt.pdf https://www.ourcommons.ca/Content/Committee/432/SECU/Reports/RP11434998/securp06/ securp06-e.pdf -- house of commons doument with recommendations + eyewitness testimony https://macleans.ca/news/canada/the-rcmp-is-broken/ Fyson, Donald. “Criminal Justice History in Canada: Some Thoughts on Future Developments.” Crime, Histoire & Sociétés / Crime, History & Societies , vol. 21, no. 2, 2017, pp. 173–82. JSTOR , http://www.jstor.org/stable/44984309. Accessed 11 May 2023. Kocak, D. (2018). The Historical Origins of Community Policing in 19th Century Britain and Imperial Japan. In Rethinking Community Policing in International Police Reform: Examples from Asia (Vol. 17, pp. 17–22). Ubiquity Press. http://www.jstor.org/stable/j.ctv6zdc57.10 Martin, G. A. (1960). Canada. The Journal of Criminal Law, Criminology, and Police Science , 51 (2), 161–166. https://doi.org/10.2307/1141183 Guiding questions - History of how police started → What was the goal of police when first created? Does this have an impact on the type of policing we see? - Bring up some cases where police power is questioned → What are they allowed to do while carrying out particular procedures? What is their punishment if they do something wrong ( use un proportional force )? When do they need or don’t they need permission to inform you about what they are doing? - How often do police use excessive force? - Has the use of excessive force risen in the past years? - Are racial minorities more likely to be targeted by the abuse of power?

- How often do police resort to drastic measures such as shootings? - Are police held accountable when they make a mistake? - How do mental health and substance abuse affect police use of force - Do police unions have as active a role in Canada as they do in the States? History of policing - When British society shifted from a Victorian era to an industrial age it became apparent that the police could not cope with the fast changes occurring - A more significant class divide occurred and more people obtained rich and wealth and more people lived in poverty ---> as a result crime rates skyrocketed - The new police system that was introduced was more than just a crime- fighting agency → they got involved with personal matters such as domestic abuse and alcoholism → any behaviour deviant from Puritan norms - They extended police work to monitor the working class and immigrants from other colonies - One of the principles that sir robert peel created for this new force was on the premise of non-violence: he wanted the police to be for the people not against the people, and wanted to clarify that police were not to abuse their power → force was to be the last resort - : like a clear role/job description ( regulations on how the job was performed ) → double-edged sword he wants to give police an actual title, but also outlines the job description ( both minimizing and empowering - He gave them a precise uniform (before this policing used to be done in plain clothes ) - People were scared that this would follow the absolutist French policing model → too intertwined with the military but even the colour of their uniforms was different Cite: Kocak, D. (2018). The Historical Origins of Community Policing in 19th Century Britain and Imperial Japan. In Rethinking Community Policing in International Police Reform: Examples from Asia (Vol. 17, pp. 17–22). Ubiquity Press. http://www.jstor.org/stable/j.ctv6zdc57.10 (Kocak, 2018) What powers do police currently have When arresting - They have the ground to arrest you before they believe you have committed an indictable or summary conviction offence

“Section 435 deals with the power of a peace officer to arrest without a warrant and reads as follows : “ A peace officer may arrest without a warrant and reads as follows: a) A person who has committed or who has committed or who, on reasonable and probable grounds he believes has committed or is about to commit an indictable offense or b) A person who he finds committing a criminal offence” The criminal offence that is referring to subsection b is a summary conviction offence - Also outlined in the criminal code is the right of the police to take into custody any person they find lying and loitering in any given location when he has reasonable and probable grounds to believe they are committing an offence - The police are required to arrest within 24 hours ( they cannot detain the potential suspect forever - So what are reasonable and probable grounds we can see the idea being determined in - Koechlin v. Waugh & Hamilton: the plaintiff was walking home from a picture show with a companion when the police began to observe the clothing of the companion, who was wearing rubber-soled shoes and a windbreaker and began to target the plaintiff and his companion → they approached the plaintiff asked him to identify himself he refused they arrested him ( 1957 ) → infant meaning there was an attempt to psychological detention - The courts in this case ruled that the law does not grant unlimited power to the police although the police do have the right to ask civilians to identify the attire of the companion of the Infant plaintiff was not enough reasonable and probable cause to justify - The courts also stated that they were not wrong in asking the infant plaintiff to identify himself but that when he refused they had no right to use force to compel him to identify himself Martin, G. A. (1960). Canada. The Journal of Criminal Law, Criminology, and Police Science , 51 (2), 161–166. https://doi.org/10.2307/1141183 (Martin, 1960) Police use of force document Wortley, S., Owusu-Bempah, A., Laming, E., & Henry, C. (2021). POLICE USE OF FORCE IN CANADA . POLICE USE OF FORCE IN CANADA: https://www.ccja-acjp.ca/pub/en/wp-content/uploads/sites/8/2021/08/Full-Report-PUF.pdf (Wortley et al., 2021) - Especially in recent years, the concern for adequate police powers has grown --- > especially in major cities that are more heavily policed - In 2020 the death of George Flyod brought this issue to light

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- Different concerning cases include: Michael Elgin, Ozama Shaw, Tommy Barnett, Raymond Orlando Brown, Dafonte Miller, Sandy Alaku, Clive Mensah, Rodney Levi, Chantle Moore, Natannne Abraham, Patrick Everette, Jason Collins, Eishia Hudson, D’Andre Campbell and Ejaz Choudry - Why is it so important: can cause a societal divide, a distrust in the legal system, unnecessary death and injury → radicalization, riots - No government agency collects and synthesis data on deadly use of force incidents - There has been according to date a 28 percent increase in fatal police encounters in the recent decade Weirdly as you move from east to west deadly forces cases rise with some highest rates being in provinces such as BC and Nunavut - A major part of this issue can be traced to the training the officers receive, an interview with a use-of-force instructor gives some insight as to what is taught with firearm and use-of-force instruction officer safety instructor courses, taser instructor courses - The following interview with two following officers outline that from their experience at this course, there was a much bigger emphasis on the officer protecting themself than anything else also with preventing a heightened situation, in general, → while there is no denying the time-sensitive and life-threatening situations officers are put in, but when there is no emphasis on the general protection of life you have officers trained to see everything as a threat also while training them to prevent heightened situation it would train them to react too quickly and on too little information and might cause them to bypass steps ( like achieving a warrant ) - There is no arguing that the system is adapting training are starting to emphasize more on escalating → with media now these events are coming to light which may cause people to think that police use of force incidents are increasing when they are just actually getting recorded → as one officer interviewed mentioned - The officer states that the use of OC spray ( pepper spray, taser and even holstering a weapon all has to be filed → when he was an officer they had no parameters - The officer also states due to discriminatory practices in hiring in size and fitness requirements a lot of use force used to just involved hands - The officer when later asked about the increasing mental health crisis said it was true this was an issue but it was not solely on the police but the community as a whole like who - The officer states they are trained to be “authoritative” a very militant style of police - There are several types of police oversight: investigations on the police force for misconduct, use of force, fatality on civilians etc

- There are three main types: internal affairs ( police investigating themselves ), civilian review model ( police are tasked with investigating themselves but an external body oversees the investigation, and civilian control model, which states that the police should not be involved in investigating themselves - All seven provinces in Ontario use third parties to investigate - New York’s model of a complaint review board→ It’s a third party that investigates complaints against the new york city review board itself - Canada recently adopted body-worn cameras in 2020: George Floyd by police in Minnesota in May 2020 and the officer involved in shooting deaths of Indigenous citizens Chantel Moore and Rodney Levi in New Brunswick in June 2020 → exception being Calgary started in 2012 - Officers are allowed to use force even lethal force when dealing with - More education leads officers to have more tools and knowledge when accessing the information instead of reacting quickly and irrationally - Ontario allows police officers to carry tasers as use of force method → each province has its policy - A police agency representative states in his interview that the police do not grant them access to data and info that they ( especially not in time and they don’t have authority over these individuals - Interviews were in line with Increased data collection → but the issue of privacy ( at least make the collection of data standardized Cbc Use of Force documents from 2000 Marcoux, J., & Nicholson, K. (2018). Deadly force . CBC news. https://newsinteractives.cbc.ca/longform-custom/deadly-force/ (Marcoux & Nicholson, 2018) - While Caucasians make up about 80 percent of the population they make up about 45 percent of victims - Blacks and indigenous people make up a larger part of victims than they do the population. Black people were 8.3 percent of the population during the 17 years of the data, but represent nearly 37 percent of the victims. And in the province of Winnipeg indigenous people make up less than 10 percent of victims and more than two-thirds of victims . - While Caucasians make up about 80 percent of the population they make up about 45 - There is a clear correlation between force and minorities - The most popular form of death: gunshot, restraint → with an object such as handcuff etc, other, physical force, intermediate weapon

- While racial and ethnic profiling is a huge component the police also seem equipped to deal with cases of mental health and substance abuse - Hudson Daryl Willis Brooks was shot and killed by police outside a community policing station. News reports said Brooks acted erratically while walking down a street, and neighbours reported hearing screaming followed by gunshots. Although an independent investigation has been completed, information on the incident is limited because the Crown has laid charges. An RCMP officer has pleaded not guilty to aggravated assault and assault with a weapon ---> later was charged with aggravated assault, remains a member of the RCMP but not the Surrey’s force - - Jul 18, 2017 - LOCATION: - B.C. - DEMOGRAPHICS: - 35-year-old male Race/ethnicity: Indigenous - WEAPON: - None - POLICE FORCE: - RCMP - SUMMARY: - Police responding to a call about a man "casing vehicles" outside a liquor store encountered Dale Culver, who was pepper-sprayed during the arrest. Culver was put in a cruiser, but he was having trouble breathing. When EMTs arrived, Culver collapsed and was pronounced dead at the hospital. A coroner found swelling in his brain. The B.C. The Civil Liberties Association has filed a complaint alleging racial profiling played a role in the encounter, and that police told a witness to delete cellphone footage of the incident. It wants to ensure there’s an independent investigation into Culver's death. DATE: Jul 24, 2016 LOCATION: Ont. DEMOGRAPHICS: 37-year-old male Race/ethnicity: Black WEAPON: None POLICE FORCE: Ottawa Police Service SUMMARY: Police were called by coffee shop patrons who said Abdirahman Abdi was groping women. According to news reports, an officer confronted the Somali immigrant outside his apartment, striking Abdi with his baton on the legs, arms and torso during the arrest attempt. Another officer arrived and immediately struck Abdi in the face and head, witnesses said. An independent

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investigation resulted in criminal charges, including manslaughter, aggravated assault and assault with a weapon against one of the officers. He is facing trial in 2019. ---> const daniel Montsion got acquitted of all charging Merriam-Webster.com Dictionary, s.v. “police power,” accessed May 28, 2023, https://www.merriam-webster.com/dictionary/police%20power.

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