By Ikechukwu M. Nduchebe
Sherman, W.L., (1980) observed that “The study of police behavior has grown substantially over the last decades” (P1), while Nix J., et al, (2017) noted that “policing in America is in the midst of legitimacy crisis, having faced immense scrutiny in recent years, resulting in large part from several highly publicized deadly forces incidents captured on videos” (p. 310). It is evident that Police brutality issue is not just a public concern in Canada but around the globe. In other to address these issues, there have to be rigorous efforts in Canada to implement police powers and accountability measures designed to reduce to the barest minimum. In this blog-article, I will attempt to address these issues of police conduct and the overall safety of Canadian society.
The Framework of Police Powers in Canada
The police officers are entrusted with exceptional powers in some ways, that they become more powerful than almost anyone in the country. Canada is a federation—in other words, a group of independent states that are united under a central, or federal, government. Each province and territory operates independently with regard to internal affairs, but any issue or service that affects all of the provinces and territories is handled by the federal government. Over the years, the law enforcement agencies in Canada have been well-defined and outlined by the combination of federal and provincial legislation. The law also includes the Criminal Code, the Canadian Charter of Rights and Freedoms, and provincial statutes. It is therefore essential that police powers—whether used to investigate crimes, maintain public order, or protect public safety—are exercised in strict accordance with Canadian law.
Culpability Measures: All-inclusive Overview
The Canadian Bar Association Law in-dept Report (2022) noted that “The expansion of common law police powers (CLPP) by the courts is according to one academic behind a new project on CLPP funded by the CBA Law for the Future Fund especially alarming because it happens after the fact and very few Canadians are aware of it” (p.1). It also that “The big problem is that you can’t know for certain what police are permitted to do until you’re in court, because the test (for establishing a new CLPP) works retroactively,” said David Ireland, an associate professor of law at the University of Manitoba” (p.1), as lethal force by Canadian police officers has seen a “steep” rise in recent years, with 2022 being the deadliest on record, according to all the research cited.
The Better Canada Institute (2021) observed that “Systemic and overt racism by Canadian law enforcement agencies towards racialized communities, especially Black, Indigenous and Afro-Indigenous peoples, and the corresponding lack of accountability and responsibility for those actions are historical and contemporary realities” (p.1). Maslov, A., (2015) observed that “Performance measurement may be defined as the process of quantifying the efficiency or effectiveness of an action, while a performance measure is the metric used in the quantification process” (p.5). In recent years there has been a concerted effort towards guaranteeing police accountability and addressing police brutality in Canada. These measures are geared towards holding both individual officers and law enforcement agencies accountable for their actions.
The measures include:
The Use of Force Guidelines: These were adopted by police forces across Canada to control the use of force. Police officers are expected to at times adhere to it, so as to avoid needless use of force in policing activity.
Body-Worn Cameras: Body-worn cameras are being proposed to enhance police transparency and accountability. The mass media has been portraying increasing levels of police brutality over the past decade. This innovation has become necessary in policing activities in Canada.
Public Engagement and Community Policing: This initiative has been promoted by law enforcement agencies to build public confidence and trust.
Appraising the Impact of the Measures
It is apparent that the introduction of these accountability measures has had commendable effects on policing activities in Canada. Notable among them is the increased community trust that was fostered by the community policing initiative. In addition, police reforms on the use of force policies have been adopted by some provinces and territories with a view to ensuring a balance approach to law enforcement.
A Shared Responsibility to Reduce Incidents of Police Brutality:
The cliché that all lives matters resonates with ensuring policing activities conforms with international best practices of reduction in the use of force, thereby safeguarding lives and properties. Therefore, the advocacy to reduce the incident of police brutality in as ongoing engagement and a shared collective responsibility by all.
References
Bud, T., (2016), The Rise and Risks of Police Body-Worn Cameras in Canada. Surveillance & Society (p.117). https://www.researchgate.net/publication/305800237_The_Rise_and_Risks_of_Police_Body-Worn_Cameras_in_Canada
Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
Emond Montgomery Publications (2020). All Rights Reserved. (P.4) https://emond.ca/Emond/media/Sample-chapters/pp2-01.pdf.
Government of Ontario, Anti-Racism Directorate, “Data Standards for the Identification and Monitoring of Systemic Racism,” last modified February 27, 2019, https://www.ontario.ca/document/data-standards-identification-and-monitoring-systemic-racism/glossary.
Gillis W., (2023), Canadian police used deadly force at record rates in 2022, new research finds. Toronto Star. (p.1). https://www.thestar.com/news/gta/canadian-police-used-deadly-force-at-record-rates-in-2022-new-research-finds/article_55ba9619-0336-5e40-b47d-69770d73a87d.html Sixty-nine people were killed by police in Canada last year, a record that continues a sharply rising trend in recent years, according to new research by the Tracking Injustice project.
Maslov, A., (2015), Measuring the Performance of the Police: The Perspective of the Public, Research Report. Public Safety Canada. (p.5). https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2015-r034/2015-r034-en.pdf
Nix, J., Campbell, A. B., Byers H.B., & Alpert, P. G., (2015), A bird’s eye view of civilians killed by police in 2015. Further Evidence of Implicit Bias. American Society of Criminology, Criminology & Public Policy. Vol. 16. https://onlinelibrary.wiley.com/doi/epdf/10.1111/1745-9133.12269
The Canadian Bar Association Law in-dept Report (2022). Knowing the limits of police authority. CBA National/ABC National. https://www.nationalmagazine.ca/en-ca/articles/law/in-depth/2022/knowing-the-limits-of-police-authority.
Ikechukwu Michael Nduchebe is a UX researcher with a background in law. He is passionate about justice, policy, and using research to drive meaningful change.
