random traffic stops an 'open door' to profiling: study authors
the city of montreal is holding hearings on police checks.
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marie-Ève sylvestre, left and dominique bernier present their research as montreal holds a public meeting to present two studies about police checks and racial profiling in montreal, on wednesday, dec. 11, 2024.
allen mcinnis/montreal gazette
a haitian woman pulled over so often her daughter learned the “survival instinct” of showing officers their groceries when they approached, proving they were out shopping and hadn’t done anything wrong. a young black man stopped so frequently — sometimes twice a day — that police started addressing him by his first name, compelling him to move away.
or a business owner who decided to remove his company’s logo from his car, fearing people seeing it pulled over so often would ruin the company’s reputation.
while the quebec government seeks to challenge a ruling banning random traffic stops, researchers detailed the impact the practice has had on people during a presentation at montreal city hall this week.
“the power (to conduct random traffic stops) is an open door to racial profiling,” marie-eve sylvestre told the city’s public security committee, “allowing police officers to impose unconscious prejudices, biases and stereotypes.”
sylvestre, dean of the civil law section at the university of ottawa’s faculty of law, was invited to city hall to present the findings of a 2023 study she co-authored on the link between random traffic stops and racial profiling in quebec.
a first of its kind in the province, the study spoke with 25 people from montreal and its surrounding suburbs that have been pulled over by police for no specific reason.
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the random stops, performed under article 636 of the province’s highway safety code, were declared unconstitutional by the quebec court of appeal in october. last week, justice minister simon jolin-barrette announced the provincial government is now seeking leave to appeal the decision with the supreme court of canada.
in the cases they studied, the researchers found many known indicators of racial profiling during traffic stops: a black person pulled over for driving a luxury car, for instance, or being told it’s because they look like a suspect police are searching for.
but they also identified other indicators, such as people being stopped for driving rental cars or vehicles registered under their spouse’s names — an issue often denounced in so-called “driving while black” cases in recent years.
“there were numerous situations of verbal and physical aggression recorded,” sylvestre said. “comments made by police officers that were downright racist, harassing intimidation practices, or completely inappropriate questions.”
in at least one case, officers told a driver they were being stopped for looking like a “gangster.” in another, officers laughed in a young man’s face when he insisted he was only driving to school.
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the study documented the psychological effects of the stops, detailing how they can lead to a loss of self-confidence or worth, feelings of exclusion and a deep-rooted distrust in police.
it was presented to the city on wednesday during a larger hearing on racial profiling and policing. a separate report showed how indigenous, black and arab people are disproportionately targeted by police street checks in montreal.
first released last summer, that study called for a moratorium on street checks. the montreal police department rejected the recommendation, with chief fady dagher saying it would amount to a “symbolic” gesture.
during question period at wednesday’s meeting, a resident asked what the city will do for all the young people who have been subjected to racial profiling and suffered the consequences.
the committee’s chair, borough councillor daphney colin, said the question fell outside of its mandate.
she asked the researchers for their thoughts.
“one thing the city of montreal can do is try to make sure it doesn’t happen again,” sylvestre answered, “by implementing a moratorium on street checks and random traffic stops.”
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