The controversial police tactic of carding is now under siege on several fronts, with a GTA MPP vowing to push for a complete halt to a practice some say violates Charter rights and disproportionately targets racialized young men.

Brampton MPP and deputy Ontario NDP leader Jagmeet Singh, a former criminal lawyer, told the Star on Monday — hours before the governing Liberals said publicly they would move to curb “arbitrary” use of street checks — that he wants sweeping new legislation to expunge the practice entirely.

"If the Liberal government was paying attention to this issue it would know that this is not a practice that can be regulated; it needs to be banned,” said Singh, who has been “carded” himself.

“We have legal groups, civil rights groups and community leaders who have spelled it out: Carding violates two fundamental Charter rights: the right to not be arbitrarily detained, and the right to not be subjected to unreasonable search and seizure. The fact that this government is basically announcing a plan to make a plan is exactly why people are cynical about politics,” Singh said Monday evening, accusing the Liberals of diminishing voices calling for real change by using the issue for political gain.

“When I brought forward my plan a week before the end of the legislature, it was because I have personally experienced the effect of these policies, and as a criminal defence lawyer I represented clients who were hurt by these issues."

Singh, who represents Bramalea-Gore-Malton, has personally been stopped randomly by police in Windsor and Toronto.

“It made me feel intimidated. It made me feel unsafe … like I just didn’t belong.”

The practice known as carding in Toronto is referred to as “street checks” in Brampton and Mississauga. The Peel force is now reviewing its policy.

“I knew that it was going on in Peel,” Singh said. “I’ve been very engaged with youth, and young people have told me that they’ve been stopped and it’s been arbitrary and they’re stopped for no reason, and they were never charged or arrested.”

Singh would like to see strict new policies enforced by the Ministry of the Attorney General, responsible for prosecutions, and by the Ministry of Community Safety and Correctional Services, for overseeing policing in Ontario.

Singh said any new provincial legislation banning such police stops, if feasible, would provide guidance to the new ministerial policies he wants and would flow from the Charter.

The practice of carding has been under fire for years, particularly after Star investigations found that it particularly targeted people with black and to a lesser extent brown skin, and more recently in the controversial selection of a new police chief in Toronto. Toronto resident Knia Singh launched a Charter challenge in divisional court last week.

Other police services in Ontario have also been under pressure to review or ban their street encounter practices. Hamilton residents and a city councillor have started pushing for clarity on the issue. The Peel Police Services Board voted unanimously Friday for a full public review of its street check practices, and Ottawa police are also conducting a review.

Singh recounts his most alarming personal encounter with police as the time he was stopped for no apparent reason outside Casa Loma while attending law school. Though that took place in Toronto, he's had similar experiences elsewhere. He’s glad the practice is finally being seen as more than just a Toronto issue.

“This is so important; that’s why I suggested having multiple approaches to solve this problem. The fact that it's still going on despite many great legal minds — the Law Union (of Ontario) the Canadian Civil Liberties Association, did extensive responses to this, both citing how this practice is clearly in violation of the Charter — it’s really fallen on deaf ears. You would think that would have prompted an immediate response. Because it’s not being taken as seriously as it should be, I’m very encouraged by the Charter challenge.”

He’s less encouraged by the possibility of any action that police forces might finally take, in the face of a public outcry growing louder every minute.

“If it’s going on, the police need to be forthright about it … Municipalities, specifically police forces, are ignoring the concerns raised by legal minds, civil rights experts, folks saying they’re concerned with civil liberties.”

Singh’s advice when being street-checked

Compose yourself and be polite and respectful with the police officer.

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Ask if you are being arrested.

If not, ask if you are free to leave.

You do not have to provide any information or identification to the police.

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