A proposed class-action lawsuit has been put forward against the Toronto Police Service over their controversial practice of carding.
The lawsuit, which was filed on Monday, alleges that the practice of carding, also known as street checks, is discriminatory and violates the rights of individuals.
Carding is a practice where police officers stop and question individuals who are not suspected of any crime, and record their personal information such as name, address, and identification. The information is then entered into a police database, even if the individual has not been charged with a crime.
The proposed class-action lawsuit was filed by the law firm Falconers LLP on behalf of two individuals who claim to have been carded by Toronto police officers. The plaintiffs are seeking $100 million in damages for themselves and others who have been subjected to carding.
According to the statement of claim, the plaintiffs allege that the practice of carding disproportionately targets racialized communities, particularly Black and Indigenous individuals. They argue that this violates their rights under the Canadian Charter of Rights and Freedoms, as well as the Ontario Human Rights Code.
The statement of claim also states that the practice of carding has a negative impact on the mental health and well-being of those who have been carded, as well as their families and communities.
The proposed class-action lawsuit comes after years of criticism and calls for reform of the practice of carding. In 2014, the Toronto Star published a series of articles that revealed the disproportionate targeting of Black and Indigenous individuals by police through carding.
In response to the criticism, the Toronto Police Service implemented new regulations in 2017 that were meant to restrict the practice of carding. However, the plaintiffs argue that these regulations have not been effective in stopping the discriminatory practice.
The Toronto Police Service has not yet responded to the proposed class-action lawsuit. However, in the past, they have defended the practice of carding as a useful tool for gathering intelligence and preventing crime.
The proposed class-action lawsuit is seeking to have the practice of carding declared unconstitutional and to have the data collected through carding destroyed. It also seeks to have the Toronto Police Service implement policies and training to prevent discrimination in their interactions with the public.
The plaintiffs hope that this lawsuit will bring attention to the harmful effects of carding and lead to meaningful change in the way that police interact with communities. They also hope that it will provide justice and compensation for those who have been unfairly targeted by this practice.
In conclusion, the proposed class-action lawsuit against the Toronto Police Service over the practice of carding highlights the ongoing concerns and criticisms surrounding this controversial practice. It remains to be seen how the lawsuit will progress and what impact it will have on the future of carding in Toronto.