FELDSTED -- Everyone, regardless of colour, ethnic origins and race has conscious and unconscious prejudices -- each of us has to deal with them as best as we can
It is painful to watch people wrestle with the new media and political phrase, “systemic racism” as if it was meaningful and relevant. Synonyms for ‘systemic’ are ‘complete’, ‘general’, ‘total’, and ‘universal’. The idea that every person associated with an institution is racist is not reasonable.
It is more accurate to state that our society is prone to discrimination. Everyone, regardless of colour, ethnic origins and race has prejudices, conscious and unconscious, and each of us has to deal with them as best as we can.
The notion that minorities are exempt is ridiculous.
For the ten years January 2010 to December 2019, Canadian police were
involved in 118 deaths. Over the same 10 years we had about 5,875
homicides (figures for 2019 are incomplete). Police involved deaths are about
2% of all homicides, too low to indicate systemic racism as both the figures
include all races and amount to less than one incident per month.
Our justice systems grew out of tribal and clan feuds. Two people from
different tribes or families got into a dispute that resulted in the death of
one. The tribe or clan of the victim would seek revenge by killing a member of
the killer’s clan. No consideration was given to cause of the dispute or if the
victim was guilty of some crime.
The situation quickly got out of hand with members of clans sworn
enemies of other clans leading to murders of people who had nothing to do with
the original dispute. Eventually we decided that we needed a neutral force to
arrest and try people accused of crimes. We decided that the force we created
had to be able to prove guilt before a jury of peers to avoid wrongful
convictions.
Police have the power to use lethal force to prevent harm to themselves
or third parties. They must never be allowed to use excessive force, that is
more force than required to make an arrest, or deadly force if lives are not at
risk. To do so negates the justice system. The core of the problem in the Floyd
case and others is abuse of authority, not racism.
Bullies have an innate sense of picking victims least likely to resist
and unlikely to file complaints that cannot be brushed aside. We are looking at
a discipline problem not a racism problem. We cannot assume that the problem is
confined to enforcement.
It goes much deeper and involves the politicization of our crown officials, judiciary and police forces. We have lost the political neutrality essential to a fair and functional justice system. In the SNC-Lavalin and Vice-Admiral Norman scandals, political interference was rampant and every effort to establish the truth has been stonewalled. The problem is rooted in the highest levels of government. Arrogant disrespect of a blind, fair and neutral justice system seeps down though the ranks and creates problems where authority meets the public.
We have layers of incompetent management within the justice system and people
who cover up unacceptable actions of employees to avoid culpability for
mismanagement.
We need to focus on equality in application of the law. The place to start is
the Charter of Rights and Freedoms, Section 7:
7. Everyone has the right to life, liberty
and security of the person and the right not to be deprived thereof except in
accordance with the principles of fundamental justice.
Key words are: “in accordance with the principles of fundamental justice”. We
need to expand on that section starting with what are police powers to stop and
question someone through to what are the rights of an accused during
questioning and arrest.
Lack of clarity leads to misunderstanding and controversy. Some people
have the impression that they cannot be stopped for questioning or that being
stopped for questioning is harassment or racism when it may be neither. From a
police perspective, clarity on when questioning is appropriate would help clear
the air.
The lack of trust must be bridged. Calling the lack of trust “systemic
racism” avoids the problem and offers no solutions. Redeveloping trust takes
time and effort. This is a common problem. No one is exempt. We either
recognize our failure to communicate and resolve problems or prepare for riots
and destruction. Ignoring the issue leads to disaster.
Our justice system needs a complete overhaul. The enforcement end is
highly visible and receives most of the attention (and contempt) but the system
can provide solutions, including clarification of Charter Section 7 in clear,
easily understood language. People aware of their rights are much less likely
to find interactions with police intimidating or frightening.
All sides need to step back, take a deep breath and resolve to be part
of the solution rather than continuing confrontations that only highlight
problems rather than resolving them.
- We need
an arms-length federal agency reporting to the Attorney General (separated
from the Minister of Justice) to investigate complaints of excessive use
of force.
- That
agency must have to powers to subpoena any witnesses to an incident.
Witnesses who provide accurate testimony to that agency must be protected
from retaliation by employers, unions and everyone else. The objective is
to get at the truth and deal with it accordingly.
- The
agency must have the power to charge and prosecute anyone who has
wrongfully employed excessive or lethal force.
- Those
charged with wrongfully using excessive or lethal force must be brought to
trial within 18 months. Justice must be seen to be done if we want to
restore trust in the law and police officers.
- We need
to have an enforcement agency that tracks provocateurs. They attach
themselves to protestors and agitate for destructive actions, or engage in
rioting not condoned by the protest organizers. They deserve to be charged
and prosecuted for their crimes.
- We have to make justice department appointments politically neutral. That can be done by utilizing the Privy Council office if we divorce the Privy Council from the PMO and put it where it belongs, reporting to the Governor General.
We have approached police discipline on the basis that officers do a job
few of us would want and we should cut them some slack. That is a breeding
ground for bullying and intimidation. Those high standards are meaningful and
breaches of standards must be dealt with.
We can’t shunt the problem over to police forces. All of us have to ensure we
do not contribute to discrimination. This is not a problem for police or for
minorities or for people of colour. It is our problem if we want an orderly and
peaceful society.
We have to ensure that those we encounter are treated fairly,
respectfully and worthy of our trust. There is a small segment of our society
that betrays that trust, act criminally and disrespectfully. We can deal with
those people, but cannot use them as stereotypes. They are not typical of any
group and cannot be used as examples in our evaluation of others.
We harbour resentments when we are badly treated and take out those resentments in our dealings with others. That is the crux of the problems we face with minorities. If we want the hurting to stop, we have to bury our resentments, acknowledge that we are part of the problem and vow to do better.
John Feldsted ... is a political commentator, consultant, and strategist. He makes his home in Winnipeg, Manitoba.
Comments
Post a Comment