1. Public/Police Relations: An Intractable Conflict?
Purpose of this Paper
The purpose of this paper is to determine whether the conflicts described, between the
police and the Afrikan1 Canadian diaspora [sometimes referred to as the Communities]2
and the Original Peoples communities and other racial minorities, can be defined as being
intractable. If so, the exploration of possible approaches to resolve these conflicts is
beyond the scope of this paper. It is my hope and intention to conduct this exploration in
later works.
What is an Intractable Conflict?
The Oxford International Encyclopedia of Peace,3 defines intractable conflicts through a
discussion the common features.
First, [emphasis added]intractable conflicts are protracted, persisting for a long time. Second, [emphasis
added] they are waged in ways that the adversaries or interested observers regard as destructive. Third,
[emphasis added] partisans and intermediaries attempt, but fail to end or transform them. Conflict
intractability, however, is not a fixed dichotomous feature; conflicts vary in their degree of intractability.
The degree to which the three defining features are manifested varies and changes,and they are best treated
as dimensions of conflict. . . . Even duration is not a fixed characteristic of a conflict. The beginning of a
conflict is often contested,with one side pointing back to previous grievances that the other side discounts.
Furthermore, the attributed origin of a conflict may change during the course of escalation and de-
escalation. The start of the conflict may be pushed backin time as old traumas and sufferings are recalled,
thereby making the conflict more intractable . . . 4
1
The original spelling of “Afrika” is with a “K“. Following theinvasion of the continent and subsequent enslavement
of the Afrikan peopleby European imperial colonialists, theletter “C”replaced the letter “K” to give us the spelling we
are familiar with today.
2
Although most frequently referred to as the Black Community, the Afrikan diaspora is composed of many different
communities with different cultures, customs, religions, languages and histories. Therefore they should more properly
be recognized, not as a single community, but as a multiplicity of communities who differ but share a set of common
experiences and biases, based on thecolour of their skin, in a predominantly Eurocentric culture.
3
Published by the Oxford University Press.
The Oxford International Encyclopedia of Peace is a four-volume encyclopedia that charts the interdisciplinary field of
Peace Studies. It offers comprehensive research and discussion of historical, political, theoretical and philosophical
issues relating to peace and conflict.
4
Kriesberg, L. (n.d.). Intractable Conflicts. Retrieved November 28, 2014, from
http://faculty.maxwell.syr.edu/lkriesbe/Articles/LKencycIntractabConfl.pdf

2. 2
Jacob Bercovitch,5 in Beyond Intractability6 had the following to say when describing an
intractable conflict.
First and foremost, we must recognize that there is nothing pre-ordained about the course or
dynamics of a conflict. Conflicts are not inherently intractable or inherently co-operative.
[Intractable conflicts] . . . first [emphasis added] and foremost, a process (not just a single
violent episode) of competitive relationships that extend over a period of time, and involves
hostile perceptions and occasional military actions. The term itself acts as an integrating
concept connoting processes where states become enmeshed in a web of negative interactions
and hostile orientations. This pattern is repeated, indeed worsened, every so often, with the
parties involved unable to curb, or manage, the escalation of their relationships. Given the
characteristics of intractable conflicts, the lack of contact between the parties, the hostility
and repeated violence, it seems plausible to suggest that one path out of this dilemma would
be to accept some form of third-party mediation. Third parties can play a very useful role in
the context of intractable conflicts.
Intractable conflicts are clearly different from other conflicts. The major characteristics of
intractable conflicts can be summarized as follows:
• In terms of actors, intractable conflicts involve states or other actors with a long sense of
historical grievance, and a strong desire to redress or avenge these. [emphasis added]
• In terms of duration, intractable conflicts take place over a long period of time. [emphasis
added]
• In terms of issues, intractable conflicts involve intangible issues such as identity,
sovereignty,or values and beliefs. [emphasis added]
• In terms of relationships, intractable conflicts involve polarized perceptions of hostility
and enmity, and behavior that is violent and destructive. [emphasis added]
• In terms of geopolitics, intractable conflicts usually take place where buffer states exist
between major power blocks or civilizations.
• In terms of management, intractable conflicts resist many conflict management efforts
and have a history of failed peacemaking efforts. [emphasis added] 7
5
Jacob Bercovitch is a professor of international relations in the Political Science Department at theUniversity of
Canterbury in New Zealand. He is widely regarded as a leading expert on international mediation, especially in
protracted or intractable conflicts that repeatedly erupt into violence. Dr. Bercovitch directs the University of
Canterbury's program on diplomacy and teaches and conducts research on international politics and international
conflict resolution. He has received fellowships from Harvard University, the University of London, and the Hebrew
University in Jerusalem, and has served as adviser to thegovernment of New Zealand on preventive diplomacy and
peacekeeping. He is also affiliated with the Program on Negotiation at Harvard and sits on the editorial boards of five
professional journals on international relations and conflict. Dr. Bercovitch has written and edited eight books on
mediation and conflict resolution, the most recent being Studies in International Mediation (2000, editor) and
International Conflict Management: 1945-1995 (1997). He holds a Ph.D. in international relations from the London
School of Economics.
6
Beyond Intractability. (n.d.). Retrieved November 28, 2014, from http://www.beyondintractability.org
7
Bercovitch, J. (2003, October 1). Characteristics of Intractable Conflicts | Beyond Intractability. Retrieved November
28, 2014, from http://www.beyondintractability.org/essay/characteristics-ic

3. 3
Beyond Intractability,8 an organization that studies and attempts to find resolutions for
intractable conflicts makes clear that defining what is meant when we talk about
intractable conflicts does not lend itself to a singular definition. However, the
organization recognizes the high cost of intractable conflicts and recognizes the
importance of finding solutions.
Efforts to limit the terrible destructiveness commonly associated with intractable conflicts
ultimately depend on the ability of people in a full range of conflict roles to successfully play
their part in a broad peacebuilding effort. Though each circumstance is, to some degree,
unique, there is also much to be learned from others who have solved similar problems
before. The goal of the Beyond Intractability (BI) system is to make such knowledge more
widely and freely accessible,so people aren't forced to "reinvent the wheel."
The missions of the Consortium and, more specifically, the Beyond Intractability project
reflect the convergence of two long-standing streams of work. The first is an exploitation of
the unique abilities of Web-based information systems to speed the flow of conflict-related
information among those working in the field and the general public. The second is an
investigation of strategies for more constructively addressing intractable conflict problems —
those difficult situations which lie at the frontier of the field. While much of this work is also
applicable to small-scale, tractable disputes, our primary focus is on large-scale conflicts
which divide organizations, communities, societies, and nations. We believe that the
enormous complexities and destructiveness associated with these conflicts requires a new
approach — one which adapts and applies existing insights to new situations, and involves
intermediaries and adversaries at all levels of society. Therefore, a key part of our mission is
making basic conflict information available to as many people as possible, helping them
become aware that there are options available that are far superior to the continuation of
destructive and often violent confrontations.9
Is This an Intractable Conflict?
In seeking to resolve this question in light of the descriptions just given, the first question
appears to be whether the current tensions between the police and the community (and
other people of colour) are recent or whether they come from a protracted, persistent
place of conflict? An examination of the history of policing and race relations will help to
answer this question.
8
Beyond Intractability was developed and is still maintained by the University of Colorado Conflict Information
Consortium. Themissions of the Consortium and, more specifically, the Beyond Intractability project reflect the
convergence of two long-standing streams of work. The first is an exploitation of theunique abilities of Web-based
information systems to speed theflow of conflict-related information among thoseworking in the field and the general
public. The second is an investigation of strategies for more constructively addressing intractable conflict problems —
thosedifficult situations which lie at the frontier of thefield.
http://www.beyondintractability.org/about/about-beyond-intractability
9
About Us | Beyond Intractability. (n.d.). Retrieved November 28, 2014, from
http://www.beyondintractability.org/about/about-beyond-intractability

4. 4
History of Police/Public Conflict
Conflict between the police and the public, more specifically between the historically and
current white majority police services and the non-white racial minority public as well as
allegations of racism and racial profiling, has existed in Canada and other western
societies for many years. Complaints of racism and profiling have been so frequent and
widespread, there is little dispute the problems and practices exist. Increasingly there
have been allegations and proven incidences of disparate treatment, police brutality,
police abuse, police homicides and police torture. (see endnote 1) Once such incident
during which the use of torture was applied, involves a young man in New York City.
Most troubling about this incident, aside from the act itself, is the lack of response or
concern by other officers at the time of the occurrence and attempts to cover it up by
other officers.
On August 9th, 1997, five New York City police officers beat and tortured Abner Louima, a
Haitian immigrant. His ordeal began with him being brutally beaten on the streets of
Brooklyn, by four police officers. Following his receipt of this savage beating by the officers
for doing nothing more than denouncing previous improper conduct on their part, Louima
was then placed in a patrol car where two more officers decided to carry out their own form
of justice. First while enroute to the 70th Precinct for processing, they stopped their patrol car
and savagely beat the handcuffed Louima. Before arriving at the Precinct for processing, the
officers stopped their patrol car a second time and this time, along with a number of other
officers, beat him so severely that on his arrival at the Precinct, the rear seat of the patrol car
was covered in blood. Unfortunately, the worst of Louima’s ordeal was still to come. At the
Precinct, Louima he was taken to a bathroom and was further beaten and ultimately held
while a broomstick was forcibly shoved up his rectum, resulting in massive tearing and
rupturing of his rectum and bladder. Following this torture, the offending officer, Officer
Volpe, shoved the now feces and blood covered broomstick into his mouth. Equally telling
and disturbing is the fact that despite Louima’s screams of agony, no interference or
assistance was forthcoming from any of officers in the Precinct. In fact, one Sergeant
Michael Bellomo was charged with orchestrating a cover-up of the incident and making false
statements to the FBI agents who were investigating the case, in order to try and help the
other officers involved, avoid being arrested.10
Other well-known instances where police use of force resulted in death or grievous
bodily harm include, but are not limited to, the cases of Michael Brown11 and Eric
10
Horowitz, C. (1999, October 1). An Officer and an Atrocity. Retrieved November 28, 2014, from
http://nymag.com/nymetro/news/crimelaw/features/1265/
11
Michael Brown was an 18 year old black male who was shot and killed by a whitepolice officer on August 9th
, 2014
in Ferguson, Missouri. Following the questionable circumstances of his shooting and the failure of the Grand Jury to
prefer an indictment, both peaceful and violent protests wereheld and much criticism was made of the Prosecutor and
the Grand Jury system.

5. 5
Garner.12 Furthermore, there have been countless Studies here in Ontario confirming that
racism and racial profiling not only exist but also are commonplace and institutionally
sanctioned certain practices. In an attempt to try and create parameters for action, the
Ontario Human Rights Commission [hereinafter OHRC] defines racial profiling as:
. . . primarily originating in the United States, focus on law enforcement, the Ontario Human
Rights Commission’s Terms of Reference define racial profiling more broadly to include any
action undertaken for reasons of safety, security or public protection that relies on
stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on
reasonable suspicion, to single out an individual for greater scrutiny or different treatment.
The Commission has noted that profiling can occur because of a combination of the above
factors and that age and/or gendercan influence the experience of profiling.13
Furthermore, in an attempt to resolve any question concerning the existence of racial
profiling, both historically and currently, the OHRC made this comment.
The existence of racial profiling
The Commission has consistently stated that the purpose of its racial profiling inquiry is not
to prove or disprove the existence of racial profiling. It is the Commission’s view that
previous inquiries have considered this and have found that it does occur.
Moreover, as discussed above, racial profiling is a form of racial stereotyping. As racial
stereotyping and discrimination exists in society, it also exists in institutions such as law
enforcement agencies, the education system, the criminal justice system etc., which are a
microcosm of broader society.
Racial profiling has long been acknowledged to exist in other western nations, most notably
the United States and Great Britain. In the absence of proactive measures to ensure that
profiling does not take place in Ontario, there is no reasonable basis to assume that we are
immune to the problem.
In addition to the logical reasons for concluding that racial profiling exists in Ontario, there
have been numerous Studies which have confirmed differential treatment of racialized [sic]
groups in different contexts. The African Canadian Legal Clinic has identified at least 15
reports issued since the 1970s dealing with police/minority relations in Canada. Early
Ontario reports included those of the Walter Pitman Task Force (1977) and a 1979
Report by Gerald Emmett Cardinal Carter to the Civic Authorities of Metropolitan
12
On 17 July, 2014, Eric Garner, a 350 pound, 43 year old black male who was arrested for selling single cigarettes
without a tax stamp. During his arrest he was placed in a prohibited choke hold and restrained on the ground by four
officers. During thetime he was on theground, Garner complained 11 times that he could not breath, however the
officers continued to keep him supine, face down on theground. After losing consciousness, the officers rolled him
onto his side where he remained for 7 minutes. Once EMT arrived, he was not given CPR and was pronounced dead on
arrival at the hospital. As a result of his death, there have been over 50 demonstrations concerning the police actions,
both as a result of the police actions and there not being an indictment preferred by a Grand Jury.
13
What is racial profiling? (n.d.). Retrieved November 28, 2014, from http://www.ohrc.on.ca/en/paying-price-human-
cost-racial-profiling/what-racial-profiling

6. 6
Toronto and its Citizens. [emphasis added] 14
In 1988, the Solicitor General of Ontario appointed Clare Lewis as chair of the Race
Relations and Policing Task Force. The Task Force’s 1989 report concluded that visible
minorities believed they were policed differently: “They do not believe that they are policed
fairly and they made a strong case for their view which cannot be ignored.” The Task Force
found that racial minorities would like to participate in law enforcement and crime
prevention but are “denied integration into community life when labelled [sic] as crime
prone.” The report noted that the worst enemy of effective policing is the absence of public
confidence and emphasized that police reliance on a “bad apple theory” to explain incidents
does not help solve police race relations problems. The Task Force presented 57
recommendations to the Solicitor General covering monitoring, hiring and promotion, race
relations training, use of force and community relations.
Stephen Lewis’ 1992 Report to the Premier on Racism in Ontario on the issue of
police/visible minority relations concluded that visible minorities, particularly African
Canadians, experienced discrimination in policing and the criminal justice system. Stephen
Lewis recommended that the Task Force on Race Relations and Policing be reconstituted
owing to perceived inadequacies with the implementation of the 57 recommendations in its
1989 report. A second report of the Task Force was published in November 1992, which
examined the status of the implementation of the recommendations from the 1989 report and
offered additional recommendations.
In 1992, the Ontario government also established the Commission on Systemic Racism in the
Ontario Criminal Justice System. This Commission studied all facets of criminal justice and
in December 1995 issued a 450 page report with recommendations.
To date, this is the most comprehensive report on the issue of systemic racism in Ontario’s
criminal justice system. The review confirmed the perception of racialized [sic] groups that
they are not treated equally by criminal justice institutions. Moreover, the findings also
showed that the concern was not limited to police.
In addition to the various task forces, social scientists, criminologists and other academics
have studied racial profiling using different social science research methods. Some have used
qualitative research techniques and field observations while others have employed
quantitative research and examined official records. Regardless of the method us ed, these
Studies have consistently showed that law enforcement agents profiled racial minorities.
A.B.L.E., the Association of Black Law Enforcers acknowledges the existence of racial
profiling:
A.B.L.E. acknowledges that the vast majority of Law Enforcement Officers in our Country
perform their duties in a professional, honourable and ethical manner. We believe this
because we are also these Officers. At the same time, we accept the presence of the Law
Enforcement phenomenon known as Racial Profiling. As Black and Minority Officers, we
live in two worlds that allows us to intimately understand the issues that affect our
Community and our profession.
14
At para. 4. Theexistence of racial profiling. (n.d.). Retrieved November 28, 2014, from
http://www.ohrc.on.ca/en/book/export/html/2967

7. 7
Ontario courts have also accepted the existence of racial profiling. For example, in a decision
issued in April 2003, the Ontario Court of Appeal stated:
In the opening part of his submission before this court, counsel for the appellant [the
Crown] said that he did not challenge the fact that the phenomenon of racial profiling
by the police existed. This was a responsible position to take because, as counsel said,
this conclusion is supported by significant social science research.
The Perception of Profiling
Regardless of whether profiling can be proven to occur in any given context, the widespread
perception among racialized groups that it is occurring is cause for concern.
Studies have shown that racialized persons perceive that racial profiling is affecting them and
also that White persons also believe that visible minorities are treated worse, for example, by
the police and criminal justice system. In a recent survey of Oakville’s Black youth aged 13
to 24, researchers were told that adults appear to brand themas troublemakers on the basis of
“youthful indiscretions” more quickly than they do White kids doing comparable things.
Similarly, they believe adults react differently to White and Black youth wearing the same
type of clothing: White kids are assumed to be going through a “phase” while Black youth
are more likely to be seen as potential criminals.
The perception of racial profiling is so strong that it has found its way into popular culture.
Recent television shows have dealt with the subject as have movies and music. For example,
in his song “Mr. Cab Driver”, popular African American rock artist Lenny Kravitz sings:
“Mr. Cab Driver don't like the way I look
He don't like dreads he thinks we're all crooks
Mr. Cab Driver reads too many story books”
There are many reasons why the perception of profiling is in itself of sufficient concern for
the issue to be tackled. In a paper on community policing, Dr. Valerie Pruegger states:
Police are a target for accusations of racism. This is a fact of life and the nature of the
business. However, regardless of the accuracy of the charges, even the perception that the
police are biased can lead to serious consequences in the larger and targeted communities.
How the police respond can make a great deal of difference in gaining trust. Rather than
reacting with defensiveness and denial, there needs to be a genuine attempt to work with
racialized communities, to provide anti-racism training to police officers, and to have severe
penalties for any breaches that will inevitably occur.
Police chiefs in the United States have acknowledged that it is important not to get bogged
down in the debate over whether profiling occurs:
Whether racial profiling by police officers is a matter of perception or reality loses
significance when considering the widespread public belief in its existence and subsequent
liability for law enforcement agencies that encounter allegations of racial profiling.... To
restore public trust and improve community/police relationships, law enforcement agencies
must address both the concerns of the community at large that are relevant to discriminatory
policing, and the allegations of racial profiling made by ordinary citizens.
The experience of the United States has been that, whether practiced or simply a perception
in any given community, racial profiling beliefs contribute to minority cynicism and mistrust
towards the criminal justice system. The effects of these negative attitudes can include:

8. 8
• People are less likely to cooperate with people they mistrust and may develop doubts
regarding all aspects ofthe criminal justice system.
• Individuals with these perceptions may respond inappropriately to law enforce ment officers
out of mistrust or may retaliate for past-perceived injustices. Situations may therefore
escalate unnecessarily putting both the citizen and officer at risk of injury.
• Safety concerns for officers and community members may be increased in hos tile
environments.
• Left unchecked,mistrust towards the criminal justice systemcan lead to civil unrest.
• It has even been suggested that mistrust of police can be the basis for acquittals in jury
trials.
The perception of racialized groups that they are being profiled must also be addressed due to
the psychological impact of this belief. In other words, the impact of racial profiling, as
discussed below, has a social cost whether profiling can be proven to be occurring or whether
it is based on people’s beliefs. It is therefore imperative that steps be taken to address the
concerns raised.
An unwillingness to discuss community concerns about racial profiling, a denial of its
existence or an unwillingness to implement measures to monitor whether it may be occurring
and to prevent it, further undermines public confidence. A vicious cycle can be created where
the perception of profiling is increased by a seeming unwillingness to address the concerns.
The mistrust that is created has an impact on the ability of the relevant institution to carry out
its mandate, as many institutions in society rely on public confidence to function effectively.
As with any type of human interaction, not talking about racial profiling will not make the
concerns go away. It will only exacerbate existing tensions. The denial of problems of this
nature has been shown to have several effects. First, communities fear being rebuked and
silenced if they are vocal about their concerns. There can be a real backlash against those
who speak out as they are seen to be the cause of the problem. In addition, denial of a
problem can lead to the phenomenon of blaming the victim. Therefore, rather than seeing a
social problem as contributed to by the existence of racial discrimination, the fault is laid
squarely at the feet of the group involved.
Many inquiry participants noted that people may find it hard to believe that racial profiling
occurs when it has not happened to them and expressed a hope that ordinary Ontarians who
have not experienced profiling and those in a position of power would listen to and keep an
open mind regarding their concerns about profiling.
“It’s going to be hard to prove. If it doesn’t happen to the most powerful people in
society, they won’t believe it” (T.M.)
“It would be interesting if the powers that be would at least listen to the comments
coming out of the affected communities. An entire community cannot have the same
impression and … all [be] deluded.” (R.M.)
“The issue of racial profiling should be taken very seriously. It is a widespread problem
throughout many institutions, the criminal justice system, the medical system and the
educational system. It is a destructive force in a diverse country like Canada, especially
in large cities like Toronto.” (D.H.)

9. 9
“[The racial profiling inquiry] to me means a controlled environment in which the
people who feel offended … and … the people on the other side of the interaction can
have a chance to dialogue in a not-heated, rational way. Because I think what I have
seen in the media is a sense that it is a smear job on the Toronto police and that we are
trying to tie their hands, as if Black people somehow aren’t offended by crime, as if we
want to see criminals go free. We don’t want that. We want to go free.” (A.B.)
Recent progress has been made as several law enforcement officials have either
acknowledged that profiling does occur, may occur or that the perception that it occurs must
be addressed. For example, when announcing new guidelines concerning racial profiling,
Kingston Police Chief Bill Closs is quoted as saying:
Today we are setting an even higher standard for Kingston Police officers in that they are
being asked to acknowledge and understand the existence of unlawful profiling/bias -based
policing and the need to prevent it. While my officers and this service have never condoned
this practice, the publicity generated by the allegations has cast a shadow over the Kingston
Police. Racial profiling is not institutionalized in our service, but the perception cannot be
ignored and police must respond to the reality or perception by going beyond denial and
patronization.
The Ontario Provincial Police have announced a pilot project to equip 38 cruisers in Toronto
and Kenora with in-car digital video cameras. This will allow the OPP to assess allegations of
racially motivated misconduct with objective evidence.
Toronto Community Housing Corporation has commissioned an independent report of
certain enforcement practices in response to concerns that staff were using the Trespass to
Property Act in a manner that was discriminatory to Black youth. The report found that there
was indeed a problem and Toronto Community Housing has implemented measures to
remove and/or modify operational practices that have allowed systemic racism to occur.
Toronto Community Housing has acknowledged that to address these concerns, it cannot
work alone and has engaged the community, and youth in particular, to implement an action
plan that responds to the report findings and recommendations. The action plan includes a
thorough review of all enforcement-related policies, practices and procedures and outlines
best practices that include:
• clarifying and confirming enforcement policies and procedures for staff and community;
• improved and more comprehensive mandatory training and measuring of security staff
performance, especially in the area of diversity, human rights and equity;
• comprehensive community and youth outreach including developing a community safety
committee, information for residents on security protocols,rights and responsibilities; and
• providing opportunities for youth involvement in the St. Jamestown (TCHC) community.
The Windsor District Black Coalition reports working with the Windsor Chief of Police and
making some progress in agreeing upon measures to address concerns with racial profiling in
Windsor:
• Regular consultation between the African Canadian community of Windsor, the Windsor
Police Services administration and the Windsor Police Services Board to discuss matters
raised by the African Canadian community and of mutual concern. Topics will include the
number and type of complaints lodged by African Canadians about police encounters,
community relations and minority recruitment strategies.
• Complaint forms to be made more readily available at the Police Headquarters front desk
and on the Police Service’s Web site.

10. 10
• The Windsor Police Service will enforce its no tolerance policy on racial profiling, negative
racial or cultural comments by police, the use of violence on handcuffed prisoners and
harassment of complainants.
• The Police Service and Coalition are working together to produce and widely distribute a
pamphlet, outlining citizen’s rights.
Other initiatives are the subject of ongoing discussion between the police and the community.
These types of efforts to acknowledge and address profiling concerns are to be commended
and leveraged by these organizations. Others, in particular, should follow their example and
learn from their best practices.15
Furthermore, thanks to the advent of modern technologies, such as cell phones with their
built in cameras and video recorders, and real time access to the internet and social
media, such as Facebook and Twitter, the exposure of the activities of not only the police
but also other government bodies, is occurring at an unprecedented level and has caused
each of them, not only to be held accountable like never before in history, but also
confirms the issue continues to be current and ongoing.
Here in Canada, modern technology has enabled the public at large to see for themselves,
many now well known incidents, involving what has often described as an excessive use
of force by the police. The most concerning incidents are those that result in the death of
the none police person where that person is either unarmed or it appears the police have
been too quick to use their firearms. The most recent incidents include the case of Sammy
Yatim16 and Robert Dziekanski.17 Of course, as the reader probably knows, there are a
greater number of these types of incidents occurring in the United States but Canada is
not without culpability. The public exposure through video, of incidents involving the use
15
The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from
http://www.ohrc.on.ca/en/book/export/html/2967
16
On 27 July, 2013, 18 year old Sammy Yatim was on a streetcar in Toronto when for an unknown reason he pulled
out a knife and ordered everybody off the streetcar. Once thepolice arrived, Yatim, although still alone in the vehicle,
refused to put his knife down and was shot by a police officer, first 3 times and then another 5 times while he lay on the
floor. About 30 seconds after being shot, and while still on the floor, Yatim was tasered numerous times. The whole
event was video recorded by civilian witnesses at the scene. He was subsequently pronounced dead at thehospital and
the officer responsiblewas subsequently charged with second-degree murder and attempted murder. In Canada, there is
not a Grand Jury systemhowever the officer has been committed to trial following a Preliminary Hearing.
17
On October 14, 2007, 39 year old Robert Dziekanski arrived at Vancouver International Airport with the intention of
immigrating from Poland to live with his mother. Speaking no English, he was unable to communicate with anybody at
the hospitaland became distraught after waiting many hours and not being able to find his mother and being redirected
to numerous areas in theairport. Finally he became so agitated the RCMP was called and two officers arrived. Taking
less than 30 seconds, theofficers used a taser on Dziekanski, tazering him once and then at least 4 more times, while he
was on theground and handcuffed. Thewhole incident was video recorded by a witness using a cellular phone.

11. 11
of deadly force and serious bodily harm is reflected by the concern expressed by the
public and the media. No longer is the public dependent on the word of the police or
other government authorities or even the media. Viewing of the incidents can now be
accomplished independently via the Internet and once published, there is no means of
censorship.
As for the desire for redress, this has been expressed by the many complaints, calls for
action and the Studies and Commissions that have been held as a result. Time and again
there have been Studies to examine issues of racism, racial profiling and race and gender
based, disparate treatment by the police.18 Most specifically, it has been the members of
the Afrikan Canadian diaspora and the Original Peoples communities who have been the
most strongly affected and hence the most vocal complainants.19
Intangibility of Issues
There can be little argument as to the intangibility of issues that exist in the complaints of
the Communities and Original peoples and the responses or lack thereof they receive. At
the heart of the issues is the demand and struggle for justice, equality and fairness. In
response is a denial of the substance of the complaints, the use of Studies or
Commissions acting as heat sinks,20 promises of action followed by inaction or taking
action for a short period of time followed by a return to the status quo. An example of the
use of a Study or Commission serving as a heat sink (whether by design or effect) can be
found in the fact that the 57 recommendations made in The Report of the Race Relations
and Policing Task Force21 had been so inadequately implemented, the Stephen Lewis’
18
AppendixA: Major reports relevant to racial profiling and Aboriginal peoples. (n.d.). Retrieved November 30, 2014,
from http://www.ohrc.on.ca/en/book/export/html/2972
19
The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from
http://www.ohrc.on.ca/en/book/export/html/2967. In addition to the logical reasons for concluding that racial profiling
exists in Ontario, there have been numerous studies, which have confirmed differential treatment of racialized groups in
different contexts. The African Canadian Legal Clinic has identified at least 15 reports issued since the 1970s dealing
with police/minority relations in Canada. Early Ontario reports included those of theWalter Pitman Task Force (1977)
and a 1979 Report by Gerald Emmett Cardinal Carter to theCivic Authorities of Metropolitan Toronto and its Citizens.
20
A heat sink is a passivedevise, designed and used to cool off an electronic devise. In the context of a Study or
Commission, I proposethey serve, whether by design or effect, to allow the government to appear as though it is taking
action to resolve a problem and by the time the Study or Commission is completed, it is hoped the political temperature
will have cooled thus eliminating the need for the government to take what may be unpopular action.
21
The Report of the Race Relations and Policing Task Force (Ontario, April1989) (Chair: C. Lewis).

12. 12
1992 Report to the Premier on Racism in Ontario recommended The Report of the Race
Relations and Policing Task Force be reconstituted due to perceived inadequacies with
the implementation of the 57 recommendations. A subsequent Report was published in
1992,22 the same year the Commission on Systemic Racism in the Ontario Criminal
Justice System23 was established which examined the status of the recommendations and
made some further recommendations.
Polarized Perceptions of Hostility and Enmity - Violent Destructive Behavior
The same aforementioned Studies make it very clear the Communities and Original
people feel targeted and that they are on the receiving end of injustice.
“. . . visible minorities believed they were policed differently: “They do not believe that they
are policed fairly and they made a strong case for their view which cannot be ignored.”24
In addition to the various task forces, social scientists, criminologists and other academics
have studied racial profiling using different social science research methods. Some have used
qualitative research techniques and field observations while others have employed
quantitative research and examined official records. Regardless of the method used, these
studies have consistently showed that law enforcement agents profiled racial minorities .25
As referenced in Endnote 19, “. . . there have been numerous studies confirming the
practice of differential treatment of racialized groups in different contexts.”
And yet there are some who deny it exists. This denial, particularly by persons with the
power and authority to make change, creates and heightens a mistrust of not only the
police, but also the criminal justice system and the government as a whole. Remarkably,
22
The Report of the Race Relations and Policing Task Force (Ontario, April1992) (Chair: C. Lewis).
23
The Commission on Systemic Racism in theOntario Criminal JusticeSystem (1992) (David Cole and Margaret
Gittens).
24
The Report of the Race Relations and Policing Task Force (Ontario, April1989) (Chair: C. Lewis) at 14.
25
See for example: S. Wortley, “TheUsual Suspects: Race, Police Stops and Perceptions of Criminal Injustice”
(Forthcoming in Criminology, paper presented at the 48th
Annual Conference of theAmerican Society of Criminology,
November 1997); S. Wortley, Racial Differences in Customs Searches at Pearson International Airport:Results from a
Pilot Survey (Report prepared for African Canadian Legal Clinic, 2002); C.E. James, “ ‘Up to No Good’: Black on the
Streets and Encountering Police” in V. Satzewich, ed., Racism and Social Inequality in Canada: Concepts,
Controversies & Strategies of Resistance (Toronto:Thompson Educational Publishing, 1998) 157.
The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from http://www.ohrc.on.ca/en/paying-price-
human-cost-racial-profiling/existence-racial-profiling#fn11

13. 13
“A.B.L.E., the Association of Black Law Enforcers acknowledges the existence of racial
profiling . . .” 26
Whether racism and racial profiling exists in policing and the criminal justice system or is
imagined becomes irrelevant, due to a widespread belief that it in fact does exist. It is
difficult to convince someone who believes she or he has been the subject or knows
someone who has been the subject of racism or who believes people they personally
know someone who has experienced racism or racial profiling at the hands of the police,
that it does not exist. Hearing hundreds if not thousands of similar accounts from
unconnected people serves to convince even the strongest skeptic, if they are impartial.
The irrelevancy of denial is recognized by research and in some police and criminal
justice circles.
Police are a target for accusations of racism. This is a fact of life and the nature of the
business. However, regardless of the accuracy of the charges, even the perception that the
police are biased can lead to serious consequences in the larger and targeted communities.
How the police respond can make a great deal of difference in gaining trust. Rather than
reacting with defensiveness and denial, there needs to be a genuine attempt to work with
racialized communities, to provide anti-racism training to police officers, and to have severe
penalties for any breaches that will inevitably occur.27
Whether racial profiling by police officers is a matter of perception or reality loses
significance when considering the widespread public belief in its existence and subsequent
liability for law enforcement agencies that encounter allegations of racial profiling.... To
restore public trust and improve community/police relationships, law enforcement agencies
must address both the concerns of the community at large that are relevant to discriminatory
policing, and the allegations of racial profiling made by ordinary citizens.28
The experience of the United States has been that, whether practiced or simply a perception
in any given community, racial profiling beliefs contribute to minority cynicism and mistrust
towards the criminal justice system. The effects of these negative attitudes can include:29
26
The existence of racial profiling. (n.d.). Retrieved November 28, 2014, from htto;//www.ohrc.on.ca/en/paying-price-
human-cost-racial-profiling/existence-racial-profiling (para. 10).
27
V. Pruegger, Community and Policing in Partnership, (Paper Developed for National Forum on Policing in a
MulticulturalSociety, February 2003) at 8.
28
R. Leach, Chief of Police, Riverside CA, Racial Profiling: A Police Manager’s Perspective (Paper for Risk
Management Issues in Law Enforcement – A Public Entity Risk Institute Symposium, undated), online:
<http://www.riskinstitute.org/symposiumdocs/RacialProfiling-PERISymposium....
29
Lamberth Consulting, “Racial Profiling – Effect on Our Nation”, online: Lamberth Consulting
<http://www.lamberthconsulting.com/research_nation.asp>

14. 14
• People are less likely to cooperate with people they mistrust and may develop doubts
regarding all aspects ofthe criminal justice system.
• Individuals with these perceptions may respond inappropriately to law enforcement officers
out of mistrust or may retaliate for past-perceived injustices. Situations may therefore
escalate unnecessarily putting both the citizen and officer at risk of injury.
• Safety concerns for officers and community members may be increased in hostile
environments.
• Left unchecked,mistrust towards the criminal justice systemcan lead to civil unrest.
It has even been suggested that mistrust of police can be the basis for acquittals in jury
trials.30
Failed Peacemaking Efforts
Without question, there are many stake holders who have made sincere efforts to try and
change the relationship and develop a healthier relationship with the Communities and
the Original people. Unfortunately, there has been little success. At the end of the day,
the police have remained the police and the necessary change in the police subculture has
been resistant and slow to develop.
As stated previously, the institution of Studies and Commissions, considering their
number and cost, have done little to assist and have, also as previously stated, served
more as heat sinks. The apparent reluctance to make use of their fact findings and
recommendations has only led to frustration and accusations by those being asked to
participate, tell their stories and make submissions.31
Conclusion
Is the conflict between the police and the Afrikan diaspora, the Original Peoples
communities and the other racial minorities an intractable conflict? It would appear so. At
times, it might not appear to be so. The fact that relative to other conflicts in other parts
of the world, this conflict is not marred by the kind of violence witnessed on the nightly
news. However, physical violence is not a necessary hallmark of intractable conflict. The
30
“Recent Verdicts Concern Officials” The Baltimore Sun (27 January 2001).
31
As a Senior Researcher on the Commission on Systemic Racism in the Ontario Criminal Justice System, I was
frequently asked, when attemptingto solicit participants, “Why should I participatein the Commission studies?I
participated in other Commissions and have not seen anything change.” Or some asked me, “What’s going to be
different about this one?” Some even opined, “It’s a wasteof my time.”

15. 15
history of police/racial minority relations, the longevity of the negative relationship and
lack of trust between the sides, the failure of past attempts to resolve their differences, the
intangibility of the issues involved and the polarization created by them, all serve to
create a conflict that is very difficult to resolve. To date, neither side is really talking. The
affected communities are holding on to their mistrust and the police are maintaining their
positions of authority and are not willing to give any of it up.
What will it take to break this deadlock? Dialogue, active listening and the participation
of 3rd parties whom both sides trust and will listen to for guidance in the dialogue. Last of
all, the police will need to accept at face value, the perceptions and experiences of the
affected communities. In the words of the Chief Bill Closs of the Kingston, Ontario
Police Service;
Today we are setting an even higher standard for Kingston Police officers in that they are
being asked to acknowledge and understand the existence of unlawful profiling/bias -based
policing and the need to prevent it. While my officers and this service have never condoned
this practice, the publicity generated by the allegations has cast a shadow over the Kingston
Police. Racial profiling is not institutionalized in our service, but the perception cannot be
ignored and police must respond to the reality or perception by going beyond denial and
patronization.32
32
G. McArthur &J. Pritchett, “It’s official: racial profiling banned” The Kingston Whig-Standard (16 May 2003).