Racial profiling: Quebec wants to be able to restart random interceptions

It is not the law allowing police officers to intercept motorists without reason that causes racial profiling, but rather the behavior of certain officers, believes Quebec, which is trying to invalidate a recent judgment at the Court of Appeal.

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“It is not because we belong to a racialized group that this means that the interception is racial profiling,” explained M.^e Michel Déom, from the Attorney General of Quebec, Tuesday morning at the Court of Appeal.

The lawyer, who represents the State, believes that it should not be taken for granted that all police officers act based on prejudice during police interceptions.

According to M^e Déom, the agents have particular obligations in terms of road safety and checking for drunk driving. Some offenses can only be controlled by verifying the identity of the driver, which requires random interceptions for enforcement purposes.

Interceptions prohibited

In October 2022, the Superior Court ruled that police officers could no longer randomly intercept motorists.

“Racial profiling does exist. It is a reality that weighs heavily on black communities,” commented Judge Michel Yergeau, revoking the decision of the Supreme Court which had authorized these random interceptions in 1990.

The request was brought by Joseph-Christopher Luamba, a student of Haitian origin. Three times in just over a year, he was intercepted without cause. He was then released without an offense after identifying himself.

“There is a problem of overrepresentation and the State does not deny it. We are trying to correct what is above all police behavior. It’s not as simple as it seems,” said M.^e Deom.

It is therefore the actions of the police that should be sanctioned and not the law itself, believes the lawyer for the Quebec government.

And if there is fault, the appeals should be individual, in police ethics or before the Commission on Human Rights and Youth Rights.

A list of indicators can then be used to infer that a police officer’s conduct is racial profiling, according to government lawyers.

The hearing, which will continue until Wednesday, is chaired by judges Julie Dutil, Suzanne Gagné and Lori Renée Weitzman.