[mobglob-discuss] Fw: Act to Eliminate Racial Profiling

[Paul Browning]

----- Original Message ----- 
From: "Davies, Libby - M.P." <Davies.L at parl.gc.ca>
To: "Davies, Libby - M.P." <Davies.L at parl.gc.ca>
Sent: Tuesday, February 17, 2004 11:05 AM
Subject: Act to Eliminate Racial Profiling


Dear friends,

I wanted to share with you information on my recently tabled Bill, An Act to Eliminate Racial Profiling. Below you will find a press release and backgrounder on the initiative.   Working with my colleagues Joe Comartin and Pat Martin we have also put together a website to help bring people together who are interested in diversity and justice issues in Canada.  Feel free to check it out at www.canadians4justice.ca.  

Sincerely,

Libby

NDP LAUNCHES SET OF BOLD INITIATIVES TO ELIMINATE RACIAL PROFILING
February 12, 2004

OTTAWA- NDP MPs Joe Comartin, Libby Davies and Pat Martin today launched a series of bold initiatives put forward by the NDP Diversity Advocacy Team. "We have seen an increasing level of what can best be described as the 'criminalization of diversity' and we feel strongly that action must be taken", said Libby Davies. 

The initiative involves an act to eliminate racial profiling, tabled today in Parliament by Davies. If passed this legislation would ban racial profiling from a spectrum of federal departments and jurisdictions. 

"The practice of racial profiling poses a serious threat to strongly held Canadian values of equal rights, democracy and justice. We need a legally binding mechanism to ensure the accountability of our enforcement agencies and officials", said Joe Comartin who seconded the Bill.

Raage Mohammed and Mohad Aawed of the Somali Cultural Centre in Ottawa attended the launch to support the need to ban racial profiling. Members of the Somali community recently experienced a police raid that many allege was racially motivated. 

The Diversity Advocacy Team has also been advocating for the swift passage of the "Once in A Lifetime" Bill, which would allow a Canadian citizen or permanent resident to sponsor, on one occasion, a family member who would otherwise not qualify under family class provisions. "There are serious shortcomings with the Canadian immigration system and we need a much stronger emphasis on family reunification. I believe this Bill, which has received widespread support except from the federal Liberal government, will begin to address this issue", said Davies. 

The NDP Diversity Advocacy Team has launched a website to bring Canadians together who are interested in justice and diversity issues. "Our website, which can be found at www.canadians4justice.ca offers a variety of ways for people to link into the work of our team and join various campaigns to promote diversity issues", said Pat Martin. 

The site also invites visitors to share their "horror stories" trying to navigate the immigration system. "We are planning on bringing these accounts to the attention of the new Minister of Immigration to demand the system be reformed", added Martin. 

The NDP Diversity Advocacy Team consists of members of the federal NDP Caucus as well as a range of community and organizational partners dedicated to fighting racism and discrimination in Canada.

An Act to eliminate racial profiling
February 12, 2004
Libby Davies MP, Vancouver East

Racial profiling has been a reality in Canada since before September 11, 2001. However since 9-11 and the enactment of anti-terrorist legislation (Bill C-36) we have seen an increased criminalization of diversity in Canada. Too frequently innocent people report being detained, harassed or singled-out by enforcement officials based on nothing more than the colour of their skin or their religious beliefs. 

The federal NDP believes that An Act to eliminate racial profiling takes a step forward in re-affirming the right of all Canadians to equal treatment under the law.  We need a legally binding mechanism to ensure the accountability of our enforcement agencies and officials to all of the people of Canada, regardless of their race or religious beliefs.

Background on An Act to eliminate racial profiling 

Definition: The Definition of racial profiling used in the proposed Act comes from the Ontario Human Rights Commission report issued in December 2003 on racial profiling.  "any action undertaken for reason of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion or place of origin, or a combination of these rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment."

Proof of violation:  Any proof that the activities of an enforcement agency have had a disparate impact on racial or ethnic minorities will be considered proof that the officers have engaged in racial profiling, unless evidence can be provided to the contrary.

Definition of enforcement officer or agency: The proposed Act states that "an enforcement officer or enforcement agency must not engage in racial profiling" This will include: 
·The RCMP and RCMP officers
·Officers operating under the Canada Customs Act or Excise Act
·Officers operating under the Immigration and Refugee Protection Act
·Officers operating under the Aeronautics Act

Proactive steps that must be taken by agencies: 
a)    the prohibition of racial profiling; 
b)    data collection on routine investigatory activities to determine if enforcement officers are engaging in racial profiling; 
c)   procedures for receiving, investigating and responding to complaints alleging racial profiling;
d)   disciplinary procedures for enforcement officers who engage in racial profiling;
e)   any other measure the Minister considers necessary to eliminate racial profiling

Accountability measures found in the Act: 
·At least once a year the Minister is to review the data collected by the enforcement agency in order to assess the effectiveness of the policies and procedures in place for eliminating racial profiling
·Within two years of coming into force of this Act and every year after that, the enforcement agencies will be required to prepare a report to be submitted to the Minister on racial profiling. The report must include: a) a summary of the data collected; b) status of the agency's policies and procedures; and c) a description of any other policies and procedures the Minister feels would facilitate the elimination of racial profiling. The Minister must present this report to Parliament within 10 days of receiving it (when the House is sitting)
·The data collected by the enforcement agencies must be made available to the public
Recourse for racial profiling:  The Federal Court has jurisdiction to hear all cases in which a claim for relief is made or a remedy is sought under this Act.


Libby Davies, MP
Vancouver East

483 West Block                              2412 Main Street
House of Commons                        Vancouver, BC
Ottawa, On  K1A 0A6                    V5T 3E2
Ph. (613) 992-6030                      Ph.  (604) 775-5800
Fax (613) 995-7412                     Fax (604) 775-5812
                   email:  daviel at parl.gc.ca
www.libbydavies.ca
www.ndp.ca
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