Racial Profiling in Action
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SOME SCENARIOS: Scenario 1: It’s a warm summer afternoon. It’s 3.30 and the metro is packed. Lots of people are hanging around waiting for busses and talking with their friends. The police come into the metro. Even though there are lots of people waiting, they go straight for the group of black teens hanging out together. They start questioning the youth on why they are waiting around and not getting on a bus. Even though they explain that they are waiting for their friend before heading out, the cops still give them attitude. The youth tell the cops it shouldn’t be much longer, but the cops still tell them they need to leave or they’ll get a ticket for loitering. The youth try explaining one more time, but its too late. The cops start writing a ticket to the youth who was trying to explain their situation. In the end, the youth got a ticket for loitering costing him 118$.
INFO YOU NEED
LOITERING (Municipal By-Laws) No one without a legitimate excuse and no actual proof, can sleep, live, beg or loiter. The prices of a ticket for loitering are usually 138$. They call it “Misuse of City Property”. Also, a ticket can’t be more than $118 for someone under the age of 18.
Scenario 2: You see your friend Eddie going through the turnstiles at the Vendome metro. The police are standing there watching people go through. Three people go through before him, and they are all white except for him. He gets stopped. They ask him for his ID to go with his metro pass. It’s the beginning of the school year and he hasn’t gotten it yet. After trying to explain the situation, the police give him a ticket for not having his pass.
INFO YOU NEED
Eddie got a ticket for not having his ID, which the police are allowed to do in the metro. It is still obvious that they stopped him because he was a person of color. This is an example of how racial profiling can be tricky: selectively policing and stopping people of color more frequently than others, and the way that the stop them is often with a more aggressive attitude because it is assumed that, because of their race, they are likely to have done something wrong. Since racial profiling often takes place in the metros, here is the information you should know:
The prices of ticket giving by a metro officer for not having a student Id while using a reduced fare bus pass for people under 18 is 118$ and for the students between 18-25 is 210$. Take note that there is no warning from metro officers even though it is your first offence so if they catch you and you do not have in possession your student Id ; you will not be warned for a first offence...you’ll be given a ticket on the spot. One of the arguments that the metro officer will use is that you should have read the back of your bus pass because there’s clear instructions that when you’re using a bus pass at a reduced fare, you must have a student Id at all time. If not you’ll be fined.
P.S. Montreal metro security agents are not allowed to make arrests but they do have the power to detain people until the police arrive. However, I was also informed that agents are free to use force to detain suspected “troublemakers” until police arrive.
There are other places that racial profiling of youth commonly takes place, generally in places where there are large numbers of people committing these infractions but it is selectively applied to youth of color. It’s important to know the law in these situations so you know what your rights are:
PARKS (Municipal By-Laws) all the parks within the municipality of Montréal are open from 6 am to 11pm. The price of tickets can vary 90$ to 150$
JAYWALKING: Pedestrians who’re crossing the street at a spot other than the intersection is a violation of code P044. The cost of jaywalking can vary from 100 to 140$
POSSESSION: What’s the difference between “simple possession” and “possession” of marijuana?
According to the law a “simple possession” is to possess a little amount of illegal substance destined to personal usage.
According to the law a “possession” is to possess an X-amount of illegal substance for the purpose of trafficking.
Either way both are illegal, and both has legal consequences.
RACIAL PROFILING CAN HAPPEN WITH THE COPS, YOUR DOCTOR, YOUR TEACHER AND ANY OTHER PERSON THAT IS AN ‘AUTHORITY’. IF YOU THINK THAT SOMEONE IN POWER IS NOT TREATING YOU FAIRLY BECAUSE YOU ARE A PERSON OF COLOR, CONTACT US AND WE CAN TRY AND HELP YOU OUT. We can provide a space to express yourself and also mediate between you and people who are hassling you(i.e your teacher/principal)
THINGS YOU NEED TO KNOW IF YOU GET ARRESTED!
The law is very clear on this subject: The police officers must inform you that you have the right to consult a lawyer. If the person arrested does not fully understand what the officer said, it is the police duty to inform you again and again of your rights in simpler terms.
Once you arrive at the police station, the notification of your parents is required in all instances where the offence committed will result in charges against you . In particular, the notice is mandatory in the following cases:
-When the situation warrants the detention of the youth while awaiting his appearance before the court:
If the police decide to detain you until you are brought before the court for a hearing on your release, your parents will immediately be notified.
In any youth criminal offence it is advisable to be legally and properly represented by a qualified lawyer.
The police must inform you of the reasons for your arrest and also explain your rights (right to a lawyer, right to communicate with her parents, right to remain silent, right to be released as soon as possible, etc...). you should know about the right to remain silent and understand your right to a lawyer.
Then, the police perform a general search, while you are still clothed.
The police must release the you, unless there is a valid reason under the law to detain you longer. If they decide to release you, you get a document containing the details of the offence and indicating the date when you must appear before the youth court.
If necessary, the police bring you to the police station. To do so, they can handcuff you. Handcuffs are regularly used by police in many situations, even those involving minors.
AT THE POLICE STATION
Once again, you should be informed of your right to contact a lawyer, as well as your parents or another adult, and you are given the chance to do so. At the station, the police question you about the offence, in the presence of your lawyer. The parents or another adult contacted by you can also be present during questioning. You are not obliged to answer the police officers’ questions.
Right from the beginning, the police must consider extrajudicial options, such as a warning or a caution (please note: there is no official caution program in Quebec). The police must also consider referring you to a program or agency in the community that may help her and prevent you from re-offending. If the police determine that it is appropriate to press charges, they must send the file to the Crown counsel and recommend whether or not to apply the extrajudicial sanctions program. An extrajudicial sanction means that a young person will be made to take responsibility for the offence she committed outside of the formal legal system, without having to go to court. If the Crown counsel believes that an extrajudicial sanction is not sufficient to hold the youth accountable, they can file charges against the youth.
In general, the authorities have the obligation to release the youth and give them a summons to appear before the court. However, if the police have reasonable grounds to detain the youth, they can be transferred to a Quebec Youth Centre until their appearance before a judge. It is then up to the judge to determine whether to release the youth during the proceedings.
Any legal questions can be directed to Ralph at legal@theprojectx.ca