Police street checks, commonly known as carding, have no value as a law enforcement tool and should be significantly limited in Ontario, a judge in charge of revising practice on Monday.
Justice Report Michael Touloh points out the specific circumstances in which police can have legitimate grounds for conducting street checks or to prevent people from randomly choosing and identifying information.
But Tuloch, who was hired by the previous Liberal Government in Ontario to assess the effectiveness of new regulations in order to limit the impact of street checks on racist groups, said these circumstances were very specific and the practice as a whole should be severely curtailed .
"There is not much evidence that a random, unconfirmed set of identification information has benefits that exceed the social costs of practice," Tuloh wrote in his 310-page report.
"In view of the social costs involved in a practice that has definitely not been shown to significantly reduce or resolve crime, it is recommended to terminate the practice of accidentally stopping individuals to collect their identifiable information to create an intelligence database goals ".
Toulok, who was previously inspected in the complex police oversight system in Ontario, was asked to turn his attention to carding months after the previous government took steps to eliminate what it described as systemic racism in law enforcement.
Street checks began to come under intense surveillance a few years ago, due to data showing that police officers are disproportionally black and other racist people stop.
In 2016, Ontario introduced rules that dictated that police must inform people that they do not have to provide identification information for street checks and that refusal to cooperate or leave can not be used as reasons for forcing information.
The aim was to discontinue arbitrary arrests, especially those based on race, although advocates for the fight against rocks called for the abolition of the practice altogether.
The race is banned as to form any part of the reason the police officer is attempting to collect information about someone's identity.
Police have long argued that street checks have value as an investigative tool, challenged by Tullock in his report.
"The extensive outreach program includes considerable time and effort for a police service, with little or no verifiable results at the level of crime or even arrests," he wrote. "Some police services have announced that there are other ways to collect data or to use data that already has more effective".
Touloh's report also uncovered the idea that carding played a role in resolving the murder of Cecilia Zhang, a nine-year-old girl who was abducted from her home in Toronto in mid-night in 2003.
Tulloch said many of the more than 2,000 people consulted about the report listed the arrest of Min Chen, who pleaded guilty to second-degree murder in Zhang's death as an example of a success story. However, Touloh said that Chen's name was initially in police files as a result of a non-coincidence that did not fit the definition of carding.
Chen was stopped in response to an illegal fishing lawsuit filed a few weeks before the girl was killed, Tulloh added, adding that the information gathered during that interaction later became relevant when Chen's name appeared in Zhang's investigation.
"The case of Cecilia Zhang does not support the claim that the police should be authorized to accidentally seek and record identification information," Tuloch wrote. "It simply reinforces when identifying information is properly obtained during a police investigation, as it was in that case, that information could be helpful to help resolve crime."
Toulok said street checks have value in cases where there are clear suspicious circumstances, or when the police should identify the identity of the missing person or the victim of crime. Among his many recommendations for a new progressive conservative government, some argued that the 2016 rules should not be applied in such cases.
But other recommendations advise the government to take a heavier street verification line, tightening definitions of terms such as "identifying information" and "suspicious circumstances" and extending protection when stopping the vehicle.
Tulloch also recommended the reconstruction of the training that was put into force when the new rules came into force. He said that there was no critical component in explaining why changes were made, and some officers did not agree to get involved.
"The implementation of the new rules for monitoring police officers has little value – and will not achieve the intended goal – if officials are not effectively and appropriately trained on the reasons why the changes are necessary," Tuloch wrote.
He also recommended that officers at all levels "learn how the widespread use of carding by some services and some officials has been misused in the past."
Justice Minister Silvia Jones said the government had time to go through Tulloch's findings, but said his work would "inform" efforts to reform police law in the province.
"We are committed to developing legislation that works for our police and the people of Ontario," Jones said in a statement. "Our new police legislation will reflect on a simple principle: racism and discrimination have no place in policing."