Carding Review Must Consider Eliminating the Practice, says Falconers LLP

Today, Falconers LLP lawyer, Anthony Morgan, who has openly advocated for the elimination of the carding practice was quoted in the Toronto Star’s article ‘Ontario asks judge to review rules around carding’.

In an interview Wednesday, Morgan stated, “A fair, open, honest review [by Justice Tulloch] that is genuinely interested in maintaining the public confidence in the review and policing more generally has to explore whether or not carding should continue.”

Morgan’s comments follow the announcement that Justice Michael Tulloch has been appointed to conduct the review of the regulation on carding/street checks. Morgan said he hopes Tulloch takes a critical look at the exemptions, as well as what he says are problems with the requirement to notify citizens about their rights. The current regulation, for example, does not explicitly state that the officers must inform citizens — at the outset of the interaction — that they are not required to provide any information.

Morgan also predicts there could be legal issues around how officers provide the mandatory rights notification. He recommends the province standardize language around carding rights, similar to the well-known Miranda rights in the United States, informing those under arrest that they have the right to remain silent.

Tulloch’s report on the carding regulations, including his recommendations, will be release January 1, 2019.

In the News

Ontario asks judge to review rules around carding   Toronto Star, June 7, 2017

Related Documents

Street Checks Independent Review Task Force – Terms of Reference   MCSCS

Order in Council 1058 / 2017   Ontario

Collection of Identifying Information in Certain Circumstances   Ontario Regulation 58/15

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