Public Safety Committee on Aug. 14th, 2020

[Chief Nishan Duraiappah]

The model of a crisis response, where there's a uniformed officer and a crisis professional, is absolutely a successful model. Every municipality that has employed it has seen upwards of 50% of their mental health apprehensions averted. The reason is that, if you send two officers, their only tool available is to transport the individual to a hospital. If you send a crisis worker or mental health professional, they have the ability to not only diagnose but speak the language, discern who's an appropriate person to go to an emergency room and/or even directly connect that individual to services. What you end up having is the right people at the right time in the emergency room and more people getting a direct connection to services. In fact, they have a better ability to understand the nuances of people's behaviour and to de-escalate them.

The model itself is remarkable. However, I would say that every police agency in Ontario almost self-funds their efforts. They are pleased to see agencies such as CMHA receive a one-time or sustainable grant funding, but I think from the perspective of what it could be, this certainly is a model that should be available to everybody. However, we recognize that the availability of funding to support the not-for-profits or the mental health agencies is quite restricted across geography.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Sadly, I have to pass you off.

I'll pass it over to Gary now.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Thank you, Pam.

Chief Nish, thank you very much. I know there was a great deal of anticipation when you took office last October. You became the first chief of South Asian descent to be a chief in Ontario. It's a great deal of responsibility that you carry.

You indicated seven principles that you're trying to implement as per the Ontario Human Rights Commission. What has been your biggest challenge in implementing them?

[Chief Nishan Duraiappah]

Thank you, MP Anandasangaree.

Yes, the seven principles are acknowledgement, community engagement, policy guidance, data collaboration, monitoring, accountability and the sustainability piece.

I would say that what would have been anticipated was getting over the acknowledgement that systemic racism exists. That is not actually the case. In fact, it is the nimbleness to be able to implement some of these mechanisms that achieve the accountability. What we want is for police organizations to have a better awareness of their activities. For example, Chief Larkin spoke about the data collaboration. It requires significant funding to build the infrastructure behind that, and there is a sustainability piece.

The other big component is that the accountability piece, in the public's eyes, when they see us maintaining our own accountability, often doesn't have full trust. I've spoken to the commissioner of the human rights commission in Ontario and the new one, and the desire for an independent ombudsman who has oversight on human rights is almost their desire. For us to self-monitor often creates the biggest questions around how authentic a human rights approach is for a chief. I would say that this would be one of the biggest stumbling blocks.

[The Chair, Liberal, John McKay]

We will have to leave it there.

Chief Nish, you're probably the only person in the House of Commons who has pronounced Mr. Anandasangaree's name correctly.

[Voices]

Oh, oh!

[The Chair, Liberal, John McKay]

On behalf of the committee, I want to thank both of you for a really excellent dialogue with the committee. It will inform our deliberations. From time to time, we might call on you for further thoughts.

With that, we are suspended.

[The Chair, Liberal, John McKay]

Welcome to the witnesses. Unfortunately, time is the enemy. I appreciate the challenge for lawyers to talk within seven-minute time frames, so to Mr. Falconer in particular, just pretend you're in front of the Supreme Court and you have to get to the point.

Without any further commentary, I will ask witness Falconer to speak for seven minutes. Generally speaking, at five minutes I'll put up two fingers and at six minutes one finger, so please just keep an eye on the chair as you do the presentation. After that, we will go to rounds of questions.

Mr. Falconer, we're keen to hear what you have to say for the next seven minutes.

[Julian Falconer, As an Individual]

Thank you, Mr. Chair.

My name is Julian Falconer. I'm a human rights lawyer. I've dedicated my 30-year career to advocating and writing on issues of racism in policing. I'm the founding partner of Falconers LLP, a law firm with offices in Toronto, Thunder Bay and Manitoulin. We have a long history of representing victims of police racism and violence in Ontario. I am honoured to attend before this Standing Committee on Public Safety and National Security as part of your sessions on systemic racism in policing in Canada.

Of course, the recognition of the existence of systemic racism in policing in Canada means little more than accepting that racism pervades all corners of Canadian society and that it should hardly be a surprise that our policing institutions are no exception. As a bencher for the Law Society of Ontario, I'm embarrassed to admit that there remain many leaders in our profession—a significant number of my fellow benchers, to be honest—who continue to deny the existence of systemic racism in the legal profession. Obviously, there's no prospect of change if those in a position of power and privilege deny the existence of a problem. The very fact of the title of these committee meetings is testament to how far we have come in terms of dialogue.

I understand the time constraints, so I want to very quickly start with a bit of a caution and sound a cautionary note for a person who's in my business.

I'm fortunate in the work I do. Far from only being exposed to bad policing, I have the honour of acting for a number of indigenous police services in the province of Ontario. I believe fundamentally that policing has an essential role in our society as part of the social contract to keep all of us safe. Our police officers simply represent a microcosm of the entirety of society. They are our brothers, our sisters, our cousins. Like the rest of us, police officers have the right to be safe and go home to their families.

This submission focuses on systemic racism, and by necessity it focuses on bad policing. Make no mistake about it, there is good policing, but our failure to effectively address bad policing overshadows and risks continuing to overshadow good policing. The George Floyd tragedy in the U.S. has given rise to an awakening in this country. The very fact that these committee sessions are dedicated to the topic of systemic racism in policing represents an important breakthrough in dialogue. While I feel it is incumbent on me to recognize this, I wish to state from the outset that dialogue is not enough. What plagues us is a lack of change, a lack of progress and an inability as agents of change to effect real, new outcomes. We have an inability to actually have agents of change influence outcomes.

My life's work has been legal advocacy in the battle against racism and social injustice in its many forms. At Falconers LLP, our work spans three decades. We have provided services to a diverse range of clientele whose differences have spanned race, ethnicity, mental health and culture. I'd like to think of myself and my team as agents of change. I've had the honour of working on such cases as the shooting deaths of Lester Donaldson, Wayne Williams, Edmond Yu and Sammy Yatim. I have represented the family of Ashley Smith. I have acted for Maher Arar. Since 2008, I've had the honour of representing various levels of indigenous governments, members of indigenous communities and indigenous police services.

In all this time, in all of these battles, I've learned that one famous and undeniable French expression applies perfectly.

I am just a “petit gars de Mont-Saint-Hilaire”. As they say there: “plus ça change, plus c'est pareil”.

I travel the provinces of Ontario, Quebec and Manitoba under my own steam in a small four-seater plane that we like to call Falconair. As a lawyer and bush pilot, much of my time is spent flying in the north. I've seen first-hand the highs and lows of the battles against systemic racism. Its manifestations through the justice system as a whole, whether we are speaking about education, health, child welfare or our justice system, are apparent, and they remain unchanged. While we're able to talk—the talk has started to occur—we are far from able to walk the walk. Even when the ugly truth of systemic racism is seen and agents of oppression are held accountable, there's no mechanism to enforce change. I've seen this.

I saw this in Thunder Bay, when in 2018 the Office of the Independent Police Review Director made a historic finding through a report entitled “Broken Trust”, which I commend to you as committee members. That report, “Broken Trust”, made a finding that an entire police service suffered from systemic racism and that its incompetent investigations of indigenous deaths were attributable not just to a lack of resources or a lack of skills but also to racism that pervaded every level of the service. In my career, this has been the most damning finding in relation to a police service.

Yet here we sit in 2020, and I say this to you: Nothing has changed. Why? Why is it that we seem unable to get out of our own way? I say the reason is that we are unable to actually effect real change.

On page 3 of my submission—I'm well aware of the fact that I am moving along in time—I point out that there is a way to start taking concrete action so that words translate into change. The first thing I want to point out is the concept of mobile crisis teams and the concept that police left on their own, rank-and-file police officers left on their own to de-escalate the situation, doesn't work. People die unnecessarily.

When you're somewhat of an old fart like me, you've been around for long enough. Three decades, 28 years, ago at the inquest into the death of Lester Donaldson, in 1992, we looked at the importance of having mobile crisis teams available. In 1994.... I attach these recommendations in the footnotes. They recommend the creation of a crisis intervention team with a 24-hour response time. It still doesn't exist in the form of a 24-hour response time in Toronto.

I've seen it repeatedly, for instance with Edmond Yu and Sammy Yatim. I've seen it over and over again. We're seeing it right now in Toronto, in Mississauga, with deaths. We are unable to implement and reallocate our resources so that de-escalation, wellness checks and all of the features of keeping people alive are operating. I would say that the reason is that we put so many resources into a militaristic concept of policing, into creating an occupying force in communities, that we are unable to wrap our minds around creating compassionate policing.

What does that mean? It's not some platitude. It means you take mental health professionals and you team them up with police officers interested in de-escalation. You create mobile crisis teams. These teams are brought in not only when the police “have the situation under control”; they're brought in to de-escalate.

Right now, the police culture is unable to wrap its mind around this. They believe these teams should be used only after they, the experts, have brought the situation under control. It's a mistake.

[The Chair, Liberal, John McKay]

Mr. Falconer, we're going to have to wrap it up. I'm sorry.

[Julian Falconer]

Certainly.

It's an example of the kinds of concrete steps I'm talking about.

Second, and I want to emphasize this as well—

[The Chair, Liberal, John McKay]

We're not going to have a “second”, unfortunately. I apologize, but the clock is just killing me.

[Julian Falconer]

No problem, but could I wrap up with this?

[The Chair, Liberal, John McKay]

Okay.

[Julian Falconer]

I think it's essential that we all consider and understand that without the work of the auditors general to enforce these reports and these recommendations, this will all remain platitudes and empty apologies. If you want time for action, please read our submission and start taking concrete steps. Let's get past the words. Let's get into action.

Thank you for your time.

[The Chair, Liberal, John McKay]

Thank you.

Madame Whitman, you and Mr. Pink have seven minutes. Go ahead, please.

[Lorraine Whitman, President, Native Women's Association of Canada]

Thank you, Mr. Chair. Thank you for your words, Mr. Falconer.

Good afternoon. My name is Lorraine Whitman Grandmother White Sea Turtle. I would like to acknowledge the territory of Mi'kma'ki, from where I am, of the L'nu people. I am also the president of the Native Women's Association of Canada. I represent and I defend the rights of the first nations, Métis and Inuit women across Canada.

You have asked me here today to talk to you about systemic racism in Canada's police force. This is an issue of highest priority for indigenous women, who fear that their daughters or sons could be injured or killed by the very officers who are sworn to protect them. This was what happened earlier this year when a young man reached out to the police in Edmundston, New Brunswick, because he was worried about Chantel Moore.

I would say we all know what happened next, but in fact we don't know what happened next. Two months later the investigation into Chantel Moore's death has yet to be completed, and her mother has yet to receive the autopsy report. All we know from the media is that Chantel, who was not armed with a gun, was shot five times by the police who were sent to her apartment to conduct a wellness check. How is it possible that a wellness check could end in a murder?

These are sensitive issues, and I do not want to compromise the investigation by prejudicing its conclusion, but I can tell you that we at NWAC have significant concerns about what happened on the night Chantel was gunned down. We have significant concerns in general about systemic racism in police forces across Canada, and about the apparent lack of concern on the part of governments regarding the violence that is being directed at indigenous women.

I have met twice with Chantel's mother, Martha Martin. I can tell you she's devastated and wonders why the officer involved was not suspended, when other suspensions have occurred in Edmundston police shootings. Was it because she was indigenous? I join and support Chantel's mother in her demand for a public inquiry into this case. A simple coroner's investigation is not adequate.

I have also met with indigenous women who've supported Martha since Chantel's death on June 4. They are mortified; they're angry and they're traumatized by the death of Chantel.

There have been many Chantels. There have been many cases in which our need to protect has been met with indifference, or worse yet, brutality. I am not here to tell you that all police are racists, because they certainly aren't. As indigenous women, we know all too well what it means to be painted with a single brush, but the brutality has to end. Our members still face systemic racism in dealings with police. These acts of violence and torture must be exposed and eliminated, and those who do them must be brought to justice.

The rule of law means no one is above the law and that we are all equal under the law. It appears clear that the rule of law does not apply to indigenous people in Canada.

I spoke in July with RCMP Commissioner Brenda Lucki. We have since sent her a list of recommendations that we hope will inform her review of the systemic racism within her force.

To summarize the recommendations, we asked her for body cameras to be worn by all officers. We asked for more transparent oversight and investigation of serious incidents involving police and indigenous people. We asked that not only an indigenous lens but a gender-based lens be applied to RCMP investigation protocols and procedures. We asked her to appoint an indigenous woman as an ombudsperson. We asked her to consult with us on reconciliation strategies and to collaborate with indigenous women's groups.

We asked for an increase in restorative justice programs to keep indigenous people out of the criminal justice system wherever possible. We asked for her to work with indigenous people when developing and delivering training to RCMP officers. We asked for new de-escalation protocols that are developed with indigenous people for indigenous people. We called for an enhancement of the collection of race-based data that would help expose the extent of the violation and violence being committed against indigenous women, girls and gender-diverse people.

But where is the outrage being expressed over the police killings of indigenous people in this country? Where are the protests over the deadly shooting of a beautiful young first nations woman in Edmundston, New Brunswick? Why are the indigenous people of Canada left to fight this fight by themselves?

The evidence of violence against indigenous women by the police is clear and overwhelming. To government and police forces in this country, do you finally hear us? Do you finally see us? Or do you continue to ignore and allow the violence to continue? I urge this committee to make it clear to the government and to purge the systemic racism from the police forces of Canada. We cannot wait for further deaths to occur and for other mothers, mothers like Martha Martin, to be left with their grief and memories.

Wela’lin. Merci beaucoup. Thank you.

[The Chair, Liberal, John McKay]

Thank you, President Whitman.

Colleagues, we are running way behind. Unfortunately, I will have to propose that in the first round we cut back the time from six minutes to five minutes.

With that, Madam Dancho, welcome to the committee. You have five minutes, please.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Thank you, Chair.

I want to start off by saying thank you sincerely to the witnesses, Mr. Falconer and Mrs. Whitman, for their opening remarks, which were very powerful and very emotional. I think all members of the committee can agree that we very much appreciated them.

I have a number of questions for you, Mrs. Whitman. I hope we can fit them all in.

I am the shadow minister for diversity, inclusion and youth. My counterpart is Minister Chagger. Over a year ago, the Liberal government announced the anti-racism secretariat with the mandate to help end systemic racism in our institutions and to inform all government departments on how they can combat this, essentially. This was well over a year ago. We know that it's been in working order since at least June, from the minister's remarks.

Mrs. Whitman, you represent the Native Women's Association of Canada as their president. It is the most prominent advocacy group in Canada for native women. Have you been contacted by the anti-racism secretariat or Minister Chagger's office within the past year?

[Lorraine Whitman]

Not to the best of my knowledge, but we are still moving forward with systemic racism. We are trying to do the best we can to be able to work with regard to the violence that's occurring in our communities. We know that systemic racism is there. That's why we're supporting Chantel Moore's mother and using her death to.... It was very unfortunate. It was just a health check. How could it be that it escalated into five shots when it was a health check of a young indigenous woman?

We need some changes and we need them done now. That's why the national inquiry needed to be given....the day it was supposed to have been addressed by the ministers, and yet her death occurred the day after the anniversary of that.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Actually, that leads really well into my next question. On June 3 you released a rather scathing report card of the Trudeau government regarding their response to the national inquiry for missing and murdered indigenous women, which we know was released over 14 months ago. My understanding is that the Liberal government was supposed to release a strategy implementation plan and they have not.

I have seen your comments in the news about enough consultation; time for action. Can you just comment for the Liberal members of this committee and for all members of this committee on what you want to see in this strategy plan, if it ever does get released by the government?

[Lorraine Whitman]

First of all, I want to have them be able to correlate with us and to be able to include us at the table when anything is being done. It's been told in history that we've always been the problem. We know we've never been the problem. But you know what? We can be a solution to the problem. Without us being at the table, being there to support our women, our girls, our gender-diverse and the communities, it won't change. It won't change unless we're there.

We need dollars to be able to give support. We have our staff, but we're short-staffed in those areas. It's important that we have the dollars here as well so that we can do an effective, efficient job for our women, our girls and our gender-diverse—and Canada as a whole, because, after all, we are all treaty people.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

That was very well said, Mrs. Whitman. Thank you for those remarks. I appreciate them. I'm sure all members of the committee have heard them and I hope they are taken back to the ministers responsible for releasing the strategy from the Liberal government.

My last question is about human trafficking. We know this government has cut resources to several facilities combatting human trafficking in Canada. I know we see indications that indigenous women and girls are more likely to fall victim to human trafficking.

How can we better resource indigenous communities to stop women and girls from being victims of human trafficking? How can we also better staff our police to get women out of this horrendous industry?

[Lorraine Whitman]

I'm not sure. When we look at the human trafficking, we have to look at where it's coming from. We look at our women as being very vulnerable, so do we put the emphasis on them? No. We need to be able to give them support.

We have these camps, and our women are trafficked in these camps. We need to give our women resources, but we have to educate all of these conglomerates, the mining fields and all of these areas, so they will also be able to be involved, because unless they are involved, it's going to continue. I don't think we need to put that emphasis and that heartache on our women, because they are the vulnerable ones. It's up to us to solve this for our women, our girls, and our gender-diverse people.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

That was very well said. I agree and I think all members of the committee would agree that we need more resources for these facilities to better support indigenous women and girls.

Thank you, Mrs. Whitman, for your candid remarks. We appreciate them.