Davin News Server

On 2025-06-04 2:49 p.m., Eric@ wrote:
> In article <OI4%P.59499$IJr4.30037@fx47.iad>, adavid.smith@sympatico.ca
> says...
>>
>> On 2025-06-01 4:26 p.m., Alan wrote:
>>> On 2025-06-01 10:32, Dave Smith wrote:
>>>> A GTA judge threw out gun charges against a black male because she
>>>> thought he had been racially profiled by the cop. She thinks the cop
>>>> did not think he was treating the suspect differently because of his
>>>> skin colour but that he was influenced by his unconscious racial bias.
>>>>
>>>> The guy had been pulled over when the cruisers automatic license plate
>>>> reader indicated the owner was facing drug charges in Toronto and his
>>>> license was under suspension. While the driver was compliant, the cop
>>>> held him for back up to search the car.  Apparently the cop was
>>>> working under the stereotype that Black men are more susceptible to
>>>> criminal behaviour.
>>>>
>>>> Well, son of a gun, the cop..... who is a dark skinned man himself,
>>>> must have been right. The guy who was probably acting nice because he
>>>> was already in enough trouble did have something to hide. He had an
>>>> unlicensed rifle under the floor mat on the cargo area. Unless he had
>>>> a PAL and the rifle was trigger locked or had the bolt and magazine
>>>> removed, it was illegal.
>>>> The cop should get a commendation for his good spidey sense, not
>>>> discredited for acting on good information.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> https://www.thestar.com/news/gta/judge-tosses-seized-gun-over-racial-
>>>> profiling-of-black-driver-cites-systemic-problem-inside-peel/
>>>> article_327458e9-c876-498b-8dd2-bba4eb97d5d2.html
>>>
>>> '?Put differently, had the driver been, say, a White woman, I am
>>> confident that Officer Gandhi would not have exercised his discretion to
>>> handcuff and detain her in the back of his cruiser for over an hour for
>>> the sole purpose of writing up a summons,? Mandhane wrote.'
>>>
>>> I think the judge is absolutely correct on this.
>>
>> I will agree that a young black man would be much more likely than white
>> woman to have an illegal firearm in the car, especially when he is
>> someone facing drug charges.   You can deny that if you want, but the
>> fact is the cop was right. They guy did have an illegal firearm in the car.
>>
>>
>>>
>>> And being of another darker-skinned phenotype doesn't in any way negate
>>> the possibility that the officer could be biased to think that a
>>> different phenotype is more likely to be a criminal.
>>>
> 
> I'm not sure if the decision was the correct one or not, but I was
> surprised at the extent the judge relied on her imagination to discern
> the motivations of the officer.  That might fly at her old human rights
> tribunal job but it seems a bit unusual in a criminal court.
> 
> Who's to say she isn't prejudiced against Indo-Canadian police officers,
> eg.
> 
> Will the Crown be called racist if they appeal?

It would be a good idea if they did. They could use the argument that 
her decision was based on her unconscious bias that everyone but blacks 
and indigenous are racially biased.  The guy was up on charges for 
drugs. There is a high correlation between illegal guns and drugs. He 
had been pulled over because the automatic plate reader flagged the 
owner as being under suspension and facing drug charges.

Sure the guy was being polite and compliant. He was in enough trouble 
for driving under suspension. He would not want to make things worse, 
and he sure as hell didn't want the cop to search his car and find the 
illegal firearm.

I imagine the cop learned something from his experience on the police 
force and he should be credited for knowing there was reason to be 
suspicion and carrying out a thorough inspection.