Archive for category: Criminal Justice

I was swiping through Instagram stories when I saw a humorous Tik Tok video poking fun at the pressure that many parents feel to stay calm when disciplining their children in public. Embarrassed, they timidly smile at onlookers and diplomatically negotiate with their screaming kid, only to blow up with rage and reach for the belt as soon as they make it into the doorway. It seemed like befitting content in these pandemic times as stressed, overextended parents are forced to work and homeschool at once. Perhaps, for others, it was a short comedic relief from the stream of rage-inducing news about yet another police killing, a rapid rise in coronavirus cases, and an unemployment rate of historic proportions. Yet, as I replayed this seemingly innocent video over and over again, I thought just how precisely a joke about hitting children shows what those who are skeptical about police abolition fail to understand.

At first glance, corporal punishment and child abuse seem hardly related to the issue of police violence and the Black Lives Matter movement’s demand to defund and abolish police in the United States. At the very core, however, both of these social issues are rooted in the same cultural logic of punishment that has been completely normalized in our society.

Whether we hit children into submission, violate—if not murder—a “criminal suspect,” or put masses of people in prison cells, the unspoken assumption is all the same: the act of violence is a punishment, and it is an earned consequence that the wrongdoer must endure and suffer in silence in order to correct and socially atone for negative behaviors.

We see this in the way that many people desperately look for ways to justify indefensible slayings of black people like George Floyd, Breonna Taylor, Rayshard Brooks, Eric Garner, and many more. The long-standing cultural belief that people are subjected to deadly violence or coercive force by law enforcement because they did something to merit such a punitive response is deeply engrained not only in our social institutions (like the police or prisons) but in the cultural imagination itself.

For many, being confronted with the idea that people are subjected to violence in our society because this is how our culture teaches those with power to control others is deeply uncomfortable. Seeing the use of violence as gratuitous, rather than merited, fundamentally unsettles the way in which carceral culture socializes Americans, and especially whites, to think about themselves and the social institution of policing tasked to “serve and protect” them.

Conceptually, the idea of violence as a mechanism by which society is disciplined shatters the illusion of a distinction between “good” and “bad” people and threatens our psychological investment in ideas like morality, goodness, and safety that are framed precisely in terms of these binaries. The enigmatic figure of the (black) criminal must exist so that we can be assured that “we” are not like “them” and that what happens to them cannot and should not happen to “us.”

The impulse to defend and justify how violence is weaponized to control, surveil, and dominate oppressed people shows that violence is considered to be an integral part of our cultural communication and a legitimate means of settling interpersonal disputes, particularly misbehavior. We’ve heard it all before, maybe at our own dining table or from the nearby office cubicle. “Well, wasn’t he trying to spend a counterfeit $20 bill?” “He was no angel selling untaxed cigarettes!” “It wouldn’t have happened if he didn’t start running away.” Perhaps, we have, at some point, said it ourselves.

As such, the need to frame violence against victims as warranted punishment extends far beyond the issue of racist policing. Most of us pick up on and internalize such violent ways of relating to each other early on in life. We quickly learn that some people “deserve” to be punished (with violence, bullying, silence, or indifference) simply because they have, in one way or another, overstepped the unspoken social mandate. We label people “criminals” if they have broken the rule of property law, but they need not break legal boundaries to be cast outside of social belonging. Consider all the ways in which over the years immigrants, Muslims, and, with the coronavirus pandemic, Asian Americans, too, have been ostracized, harassed, and even physically attacked simply because they are perceived as a threat to the security and wellbeing of Americans.

It is hardly surprising that cultural narratives of punishment are so well-established, since we are taught to think of violence as legitimate punishment since childhood. Despite the popular adage “violence is never the answer,” the vast majority of us learn not only to tolerate but to accept violence as a normal part of everyday life through our first experiences in the family structure. bell hooks contends that social violence begins with patriarchal conditioning within the home. “Patriarchal violence in the home,” she writes, “is based on the belief that it is acceptable for a more powerful individual to control others through various forms of coercive force.” This applies not only to the dynamic between romantic partners, she notes, but to the relationship between the caregiver and the child.

If we are not “disciplined” through violent physical and emotional abuse as children, then most of us have been at least put in the corner, shamed or in some other way isolated from others as punishment. Whenever the issue of child abuse comes up, people routinely jump up with defensive arguments about how violent discipline is necessary in order to raise polite and respectable children, despite years of research that completely disputes the effectiveness of physical punishment. Nevertheless, it is still widely assumed that “disciplining” children using physical and emotional punishment will teach them the life lessons they need to grow into responsible “good” adults.

However, if we fail to learn the lesson when we grow up, the metaphorical “reflection” corner where the young child stood—punished, shamed and isolated from others—becomes the jail cell. Law enforcement authorities mimic the patriarchal rule established in the family unit on a national scale. Just like the parent who treats the child with a sense of power and the right to punish for the sake of “discipline,” the state assumes the role of the benevolent disciplinarian over its population in the name of “order.”

Despite the ample evidence to suggest that economic poverty, substance use disorders, and lack of economic opportunities trap oppressed communities in cycles of criminalization, in a patriarchal culture the wrongdoers, like children, are penalized, isolated, and put away to reflect on their misdeeds, rather than rehabilitated and aided in regaining control over their lives. They should have, after all, made “better choices.”

All this is to say that the way we are taught to relate to another—ultimately, fearing each other and deriving a sense of comfort that those who so terrify us are kept under control—deeply shapes how our culture determines who is deserving of punishment and who is entitled to enact it. In every aspect, we live in a culture of violence.

More than that, how we think about harm and punishment has profoundly shaped social practices, public policies, and budget priorities, such that in the United States there are more police in schools than counselors, 250% more prison cells than hospital beds, and 28 states with death penalty laws.

So, as abolitionists, we want to call attention to the way in which we have accepted and taken for granted this system of enormous violence and punishment as the primary and only way of living with others.

Rooted in the history of black resistance practices, the abolitionist movement looks to shift these cultural norms towards embracing notions of healing, compassion, and holistic justice as equally viable paths for nurturing a society in which all people are free from fear and domination.

Abolition calls forth a world where each and every one of us has a birthright to be our whole selves and live in full dignity. Therefore, in calling for defunding the police and investing in communal wellness, abolitionists offer a fundamentally different model for thinking about human interconnectedness and social belonging. Instead of punishing, policing, and locking communities in cycles of violence, we can choose to center the ethos of radical love and collective care by providing our communities with compassion, dignity, and financial resources that would lay ground for stable access to safe and affordable housing, education, healthcare, and economic opportunities.

Abolition challenges the limits of our imagination and calls on our inherent capacity to imagine otherwise—to think outside of the regime of violence and to envision alternative ways of being in this world. Abolishing policing is a necessary step towards ending four centuries of racial violence against black people but it is only the beginning. To build truly anti-racist, feminist social structures that work for and empower all of us, we must radically shift and re-imagine how we relate to each other. As prolific black feminist abolitionists Angela Davis, Ruth Wilson Gilmore, and Mariame Kaba teach us, we must heed the call and decriminalize our imagination by not merely dreaming or wishing for change but actively working towards the kind of world that we know, with all of our being, is possible.

This post was curled from the Medium

Toronto Police Chief Mark Saunders will be stepping down from his position on July 31. He made the announcement during a news conference this afternoon.

Saunders has been Chief of Police since 2015 and was expected to remain in the position until at least 2021. His resignation comes after more than 37 years with the Toronto Police Service and eight months before his contract is set to expire.

He did not give a reason for his decision, but said he plans to spend more time with his family. 

As for what’s next, he says he’s not retiring altogether and wants to work for the City of Toronto for free on issues that are “near and dear” to him.

“I see a lot of young black boys getting killed by young black boys” said Saunders “Law enforcement deals with those symptoms and I want to help the cure for the disease and I think I have a ton of knowledge that can help keep governments in-check and do the right thing to make sure that we get it right.”

Watch the police chief’s comments below:

WATCH LIVE: Toronto Police Chief Mark Saunders announces he is stepping down from his position as of July 31.

Posted by CBC Toronto on Monday, June 8, 2020

An Ottawa police officer has been charged in connection with one of two racist memes that were being circulated within the Ottawa Police Service.

Ottawa Police Chief Peter Sloly announced that the officer was charged under the Police Services Act in relation to the creation and distribution of the image, which pictured 13 racialized members of the service and the phrase: “Ottawa Police Service – We’re always hiring…anyone.”

He did not confirm if it was the same officer who was suspended earlier this month as part of an investigation into the meme.

Chief Sloly also revealed an administrative investigation is underway into the source of the leaks, saying it “further victimized the people depicted in the meme along with their families and it victimized other OPS members and their families.” He stated, “It further damaged the OPS reputation and it further undermined the trust and confidence that the public has in the OPS.”

As a result, he said they’d be overhauling their policies and their IT practices to prevent this from happening again.

Addressing the killing of George Floyd and ensuing protests, Sloly acknowledged that it is “impacting members of our local Black community,” including himself. 

The OPS chief says the entire organization “failed” and is going through “remediation.” 

Read the full statement HERE.

Police chief Mark Saunders is calling for calm amid allegations of foul play in the death of Regis Korchinski-Paquet, who fell to her death from a 24th-floor apartment balcony during an interaction with Toronto police.

He revealed that dispatch received three individual 911 calls regarding an assault at 100 High Park on Wednesday evening, two of which indicated that there was a knife present. The call sounded “rather frantic” and police presence was needed, he said. He also said he’s “very comfortable” with the number of officers that were at the scene.

He told reporters “there’s a whole lot I want to say” and wishes he could say more about what occurred, but can’t due to the SIU’s ongoing investigation. “It’s a lot of misinformation, it’s a lot of lies,” Saunders said.

The chief added, “I support my men and women based on the limited information that I have right now.” He said he’s “anxious” for the investigation to be completed and hopes the public gets to hear the “absolute truth.” He also called for the use of body cameras, saying this is a “textbook case” of why they should be provided.

He said people are “feeding into” the “outrageous lies” being spread on social media and is urging the public to “wait for the facts to come out.”

It still remains unclear as to exactly what happened in the moment’s leading up to Regis’ death.

Watch the news conference HERE.

 

May 28, 2020

STATEMENT ON THE DEATH OF REGIS FROM THE KORCHINSKI-PAQUET FAMILY

On Wednesday May 27, 2020 at approximately 5:00 pm a 911 call was made by a concerned mother, Claudette Beals-Clayton, for the safety and well-being of her child Regis Korchinski-Paquet.

Regis was in distress over a family conflict and her mother sought police assistance to bring calm to the situation.

Once police arrived at the residence they met her mother Claudette, Regis and Reece Korchinski-Beals, her brother in the hallway of 100 High Park in Toronto.

Claudette pleaded with police to provide assistance to her daughter and take her to CAMH to provide mental health support, as Claudette did not want the problem to escalate where it became unsafe.

Words were exchanged between Regis and the police officers, and Regis stated she had to use the bathroom and went into her apartment.

Her brother who was present, witnessed multiple police officers enter the unit after Regis went in.

When her brother attempted to go in after his sister he was stopped by police from entering the unit.

After approximately 1-2 minutes her mother and brother heard commotion in the apartment and then heard Regis cry out “Mom help, Mom help, Mom help.”

After that Mother and Brother heard silence.

Eventually an officer came out of the unit, knocked on the neighbour’s door, and stated to the family that she is over at the neighbour’s house or in the unit below.

After a few moments the mother then asked the officers if she is on the ground.

An officer went into the unit, then came back out and told her mother yes she is on the ground.

The family is distraught over the senseless loss of life and wants Justice for Regis.

The family wants answers to what happened. How can a call for assistance turn into a loss of life?

The family wants to ensure camera footage from hallway is secured by the SIU.

The family is extremely concerned that in recent times people with mental health issues across North America are ending up dead after interactions with the police.

D’Andre Campbell called for assistance on April 6, 2020 in Peel region and ended up being shot dead.

There has been a large outpouring of support online in the community, which is a testament to Regis’ effect on people.

She was proud of her Ukrainian and Nova-Scotian heritage, she was a talented gymnast, and used her skills to teach children and give back. She volunteered selfishly at her church and was a well known pillar of the congregation.

She is loved and will be missed by her Father Peter Korchinski, Mother Claudette Clayton-Beals, sisters Shyna, Shantiga, Renee, brother Reece, and her 12 nieces and nephews.

A GoFundMe page has been set up to assist the family.

All inquiries can be directed to info@maatlegal.ca

Toronto police are being accused of pushing a Black woman off an apartment balcony to her death in the city’s High Park neighbourhood. 

The incident took place on Wednesday, May 27, at around 5:15 pm. The Special Investigations Unit (SIU) said Toronto police responded to a “domestic incident” at an apartment building on High Park Avenue. While inside a unit on the 24th floor, police “observed” a woman on the balcony. “A short time later, the woman fell from the balcony to the ground,” according to a news release from the SIU. Police did not release the woman’s name but family members publicly identified her as Regis Korchinski-Paquet. 

In several videos posted on his @rocawrld Instagram account, her cousin alleges that police threw her off the building and left her body at the scene for hours. He says the police claimed she committed suicide. 

The family’s lawyer Knia Singh said the victim’s mother, Claudette Beals-Clayton, sought police assistance because Regis was experiencing a mental health crisis, and pleaded with them to take her daughter to CAMH (Centre for Addiction and Mental Health) for mental health support. 

Singh said words were exchanged between Regis and the police officers in the hallway before she went inside her apartment to use the bathroom. 

Multiple officers followed her in the unit while her brother was blocked from entering. About two minutes later, her mother and brother heard commotion inside and Regis crying out for help. Eventually an officer came out and told her mother that she was on the ground.

The family is demanding #JusticeforRegis and wants answers to how a call for assistance resulted in her death. Singh finds it suspicious suicide is being mentioned considering Regis asked building management for weeks to install a protective screen around the apartment balcony.

Police Chief Mark Saunders and Mayor John Tory offered condolences to his family, while the SIU is asking anyone with information to contact the lead investigator at 1-800-787-8529 or upload any video evidence on the SIU website.

A protest for Regis has been organized at Christie Pits on Saturday, May 30 at 2:00 pm.

Read the full statement HERE.

Arlene Huggins was handpicked by Education Minister Stephen Lecce to investigate the PDSB’s compliance after its failure to adhere to 27 Ministerial Directions it received.  The former president of the Canadian Association of Black Lawyers (CABL) earned a law degree from the University of Toronto in 1989. She was also on the founding Board of […]

THE UNITED STATES, A NATION ADDICTED TO PUNISHMENT AND CAGES, IS THE NUMBER ONE JAILER IN THE WORLD, SOMETHING THAT PRESSLEY IS SEEKING TO CHANGE.
Ayanna Pressley Introduces Sweeping Criminal Justice Reform Resolution

Rep. Ayanna Pressley (D-Mass), unveiled a sweeping criminal justice reform resolution on Thursday that could begin dismantling a racist system that disproportionately targets, incarcerates, and kills members of Black, Latinx, and Indigenous communities.

The United States, a nation addicted to punishment and cages, is the number one jailer in the world, something that Pressley is seeking to change. The first words of her resolution—”Recognizing that the United States has a moral obligation to meet its foundational promise of guaranteed justice for all”—echo Dr. Martin Luther King’s call out of the same hypocrisy.

“All we say to America is, ‘Be true to what you said on paper.’” — Dr. Martin Luther King, Jr., April 3, 1968

“The criminal legal system is racist, xenophobic, rogue, and fundamentally flawed beyond reform,” Pressley told reporters on a call Wednesday. “It must be dismantled and radically transformed through a large-scale decarceration effort.”

Pressley lays out several potentially transformative proposals in her resolution, which she calls The People’s Justice Guarantee, including: reinstituting the Department of Justice’s role in investigating police departments that repeatedly violate citizens’ civil rights, and establishing adequate over- sight of consent decrees. While no police officers were held accountable for civil rights violations under Eric Holder’s DoJ—nor, of course, thus far under William Barr’s—the ability to check power is still necessary.

Pressley also calls for banning law enforcement from using facial recognition software; stopping the transfer of military equipment to local police departments (the militarization of police forces became a national point of contention during the Ferguson uprising); dismantling and rebuilding a compassionate, just, and humane immigration; providing resources for non-law enforcement led, community-based violence and trauma interruption models; banning the death penalty; and the decriminalization of addiction and sex work, among other proposals.

Yes, That Crime Bill

In a move that is powerful in both historical and contemporary contexts, Pressley calls for the federal government to provide tax incentives to local governments, as well as for states that repeal Truth in Sentencing and Three Strikes provisions and that reduce their prison populations by 2035. Under the resolution, “communities would be encouraged to repeal and dismantle the Violent Crime Control and Law Enforcement Act of 1994 and other federal policies that caused the country’s prison population to explode since the 1970s,” the Appeal reports.

The OverExplainer-Woke
The OverExplainer, Danielle Young, breaks down why the term “woke” is important and how it will always remain relevant in this society.

When the crime bill passed in 1994, it was with the help of 22 members of the Congressional Black Caucus and the support of NIMBY Black community leaders who believed that increased punitive punishment would save “good” children from “bad” children. Professor Michelle Alexander explained that some of these leaders were expecting reinvestment in Black communities—schools, better housing, health care and jobs. But that’s not what happened.

Before the 1994 crime bill could make it through the House, it was stripped of the Racial Justice Act, which would have allowed death row inmates to use data showing racial inequities in sentencing. The bill was also stripped of $3.3 billion—two-thirds of it from prevention programs. A provision that would have made 16,000 low-level drug offenders eligible for early release was also removed.

More states would soon be passing their own version of “three strikes” laws, and they would be awarded Truth in Sentencing grants to build and expand prisons.

Pressley’s plan to flip the inherently corrupt structure of 1994 bill by awarding states that reduce, not explode prison and jail populations, is what institutional justice looks like.

Click here to read more on Pressley’s resolution, The People’s Justice Guarantee.

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