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In carrying out their duties, police officers may be required to limit the rights and freedoms of people. There is an undeniable risk of abuse of power. This is why there must always be a legal basis for police officers actions.
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In May 2009, Bela Kosoian entered a subway station to travel to university. She took the descending escalator, and like many subway users, did not hold onto the handrail. A police officer saw her and ordered her several times to hold onto the handrail, and pointed to a nearby sign. She refused and would not identify herself when she reached the bottom of the escalator. When she tried to leave, the police officer and a colleague took her by the elbow into a holding room. She was handcuffed with her arms behind her back. Her bag was searched without her consent and she was charged with failing to hold the handrail and for hindering the police officers in their duties.
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The Court agreed. The Supreme Court of Canada held that a reasonable police officer would not have considered failing to hold the handrail to be an offence.
Everyone has unconscious biases, often based on stereotypes, that they use to inform their thought processes and decision-making. Racial profiling also occurs on a systemic level – when an unjustifiable level of scrutiny and differential treatment becomes ingrained into an organization’s culture and operations. All these forms of racism exist within Canada’s criminal justice system.
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Police officers are vested with an enormous amount of responsibility, and an enormous amount of power to carry out those responsibilities. Police are given powers to stop, detain, question, search and arrest individuals. They are issued firearms and can use force, including lethal force, in carrying out their duties.
Police have no blanket powers of arrest. At the Supreme Court hearing, our lawyers argued that police cannot make up rules and then arrest you for not following them.
Providing personal health information directly to law enforcement is an extraordinary invasion of privacy. There is a real risk that using this database will create a false sense of security when first responders are interacting with individuals who have not been flagged, thus serving to create rather than mitigate danger. If having this information is not strictly necessary to respond to the pandemic, then sharing it is not legal.
Waterfront Toronto contracted with Google’s sibling Sidewalk Labs to create a smart city project in downtown Toronto. This project would be a sensor-laden neighbourhood, collecting data on people who live, work, or visit the area. Losing the ability to be a face in the crowd, and so much of our privacy, is what’s at stake. So we launched a legal action to reset the project.
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Providing personal health information directly to law enforcement is an extraordinary invasion of privacy. It is difficult to understand how first responders will effectively use testing information that is both incomplete and out of date. There is a real risk that using this database will create a false sense of security when first responders are interacting with individuals who have not been flagged, thus serving to create rather than mitigate danger. If having this information is not strictly necessary to respond to the pandemic, then sharing it is not legal.
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Apr 16, 2024 — New AI programs that analyze bodycam recordings promise more transparency but are doing little to change culture.
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These policing powers demand great scrutiny and oversight from the public in order to ensure that individuals and communities are treated with respect and dignity.
To effectively ensure police and other government actors do not abuse the powers they have been given over citizens, it is essential to have reliable, transparent systems of accountability in place.
Waterfront Toronto contracted with Google’s sibling Sidewalk Labs to create a smart city project in downtown Toronto. This project would be a sensor-laden neighbourhood, collecting data on people who live, work, or visit the area. Losing the ability to be a face in the crowd, and so much of our privacy, is what’s at stake. So we launched a legal action to reset the project.
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Waterfront Toronto contracted with Google’s sibling Sidewalk Labs to create a smart city project in downtown Toronto. This project would be a sensor-laden neighbourhood, collecting data on people who live, work, or visit the area. Losing the ability to be a face in the crowd, and so much of our privacy, is what’s at stake. So we launched a legal action to reset the project.
Ms. Kosoian was acquitted of the offence and brought an action against the police officer, his employer and the subway system, arguing that her arrest was unlawful and unreasonable.
Canadians come into contact with the police every day—whether as victims, witnesses, suspects, or simply as members of the public. How we are treated by the police, the rights we are afforded in these interactions, and the remedies we can expect when our rights are violated by those with power is a reflection of the health of our democracy. Police have unique powers in our society, including the ability to use force.
CCLA fights to ensure there are clear and strong limits on police powers to detain, search, arrest, use physical force, and otherwise curtail individual rights. We also fight for effective oversight and accountability mechanisms for police, to ensure that those who wield power and enforce the law must also be subject to the law.
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