SPVM outlines the guidelines for roadside stops (or stops in general)
Montreal Police Service Announces New Detention Policy to Combat Racial Profiling
Following a series of reports pointing to disproportionate police detentions targeting Black, Arab, and Indigenous individuals, the Montreal Police Service (SPVM) unveiled a new detention policy on Wednesday. The revised policy aims to clarify police vocabulary and procedures, focusing on "observable facts" as the basis for detainments.
Key aspects of the new policy include:
- A clarification on the difference between detainments and arrests: While a detainment can assist a person in need, identify a person of interest, or gather information for intelligence purposes, it does not equate to an arrest.
- The right to leave: Police officers must now clearly inform citizens that they are free to leave at any point during a detainment. This does not constitute a legal obligation but is a measure to improve police-community relations.
- Real-time monitoring: To prevent any potential drift in practices, the SPVM will implement a "vigilance committee" this fall. The six-member committee will make real-time observations to identify problematic police behaviors.
The new policy follows the SPVM's 2020 revisions to its detention practices, which were initiated in response to a report by experts finding "systemic biases" among Montreal police officers. However, defense groups for minority rights have argued that the policy does not go far enough, with one organization, the Ligue des droits et libertés, advocating for the replacement of the vague criterion of "observable facts" with the legal norm of "reasonable suspicion."
The full extent of the new policy's impact remains to be seen, but advocates hope that it will help reduce disproportionate detentions targeting Black, Arab, and Indigenous individuals. Experts recommend a comprehensive approach, encompassing measures such as banning or significantly limiting street checks without reasonable cause, strengthening transparency, documentation, and accountability, enforcing clear consequences for policy violations, enhancing community engagement, and improving communication with citizens.
The Montreal Police Service's new detention policy, aimed at combating racial profiling, clarifies the difference between detainments and arrests, emphasizing that a detainment is not equivalent to an arrest. The revised policy also includes real-time monitoring by a vigilance committee to prevent any potential drift in police practices, but defense groups argue that replacing the vague criterion of "observable facts" with the legal norm of "reasonable suspicion" would be more effective in reducing disproportionate detentions of Black, Arab, and Indigenous individuals.
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