Former Ontario Ombudsman Andre Marin is calling carding “wrong and illegal”.
He submitted the 25 page report to the Ministry of Community Safety and Correctional Services on Aug. 31 before his term as ombudsman expired earlier this month.
Marin wrote in the report that “the detrimental effects of street checks on individuals and the community are simply too great to justify.”
He says stopping citizens without an objective and reasonable basis for believing that they may be implicated in a recent or ongoing criminal offence, is unconstitutional and calls it “a form of arbitrary detention contrary to section 9 of the Canadian Charter of Rights and Freedoms;”
Marin said that “if the government persists in its attempt to permit and regulate street checks, significant safeguards will be required to minimize the infringement on individual civil rights and salvage community confidence in policing in the province.”
The report has 25 recommendations including telling everyone who is stopped that they have the right to walk away and banning the carding of anyone under 18.