Councillor says he was 'arbitrarily stopped/ questioned' by police

Coun. Matthew Green said Tuesday afternoon that he'd been a victim of police carding.

While details are scarce about his interaction, it comes less than a week after Hamilton Police Acting Chief Ken Weatherill said a dramatic drop in street checks last year was in part because the service doesn't need the tool as much anymore.

Green, the city's first black councillor, was waiting for a bus on the corner of Stinson Street and Victoria Avenue South when the interaction happened.

He didn't want to share details of the incident publicly on Tuesday, but expected to on Wednesday after he'd had a chance to "calm down and reflect on what happened."

• 'What does a criminal look like?' Councillor files complaint over police stop

"I'm in the process of finalizing a formal, written complaint, having been arbitrarily stopped... and questioned without relation to any crime," Green said.

Metro Morning7:17Hamilton Carding

If you think carding in this province is disappearing, then think again. Hamilton city councillor Matthew Green says he was arbitrarily stopped, and questioned without relation to any crime, Matt Galloway spoke with him this morning.

Green amended his comment Wednesday morning to say he is not claiming he was detained. He did not intend to leave the area — he was waiting for the bus.

• Read more:​ Hamilton Police carded the same aboriginal man 14 times in 1 year
• Read more: Police chief: Limiting carding will make Hamilton less safe
• Read more: Carding nearly disappears in Hamilton, and police are OK with it

​Hamilton Police Service spokeswoman Catherine Martin said that any member of the community who has a concern or complaint about a member of the service or the way policing is delivered can file a formal complaint through the Office of Independent Police Review Director. 

"We cannot and will not provide any comment in order to ensure the integrity of that process," she said. 

Green held a forum on the issue

Green has been one of the few public officials in Hamilton to take a public stance opposing police carding or street checks.

He organized a well-attended public forum on the topic in September, at which dozens of people complained to Ontario public safety Min. Yasir Naqvi, city officials and top police that the practice is invasive, dehumanizing and unconstitutional. 

Statistics released by Hamilton police show the street checks or carding tactic disproportionately targets visible minorities.

The service has defended the controversial policing tool saying there would be dire consequences for Hamilton safety should the practice be limited.

But the latest carding numbers, obtained by CBC Hamilton through Freedom of Information laws, revealed the number has dropped dramatically from hundreds and thousands in previous years to just 30 in 2015. Acting Police Ken Weatherill told CBC Hamilton in an interview last week that police say they haven't directed front-line officers to stop the practice, but they are not concerned about the drop.

Police board is looking at the carding issue

Critics of carding have focused most of their scorn on two parts of the practice, both of which represent invasions of privacy and violations of constitutional rights, they say. One, the way it feels to be stopped and asked where you're going when you've done nothing wrong – and wonder if it was because of the colour of your skin that you were stopped.

Two, those who've been asked for ID and had it recorded have learned that police keep that information indefinitely in a police database.

New provincial laws are aimed at regulating the voluntary interactions police have with people when police will be collecting identifying information.

Hamilton's police oversight board will team up with other big cities' boards across Ontario to come up with policies to govern interactions where police ask for individuals' ID – like carding or street checks.

The board has until July 1 to do the following:

• Figure out policies for what document should be given to individuals whom police stop.
• Codify policies for data retention from street checks that were done before 2017, as well as those to come. 
• Describe what should be included in reports from the chief about the service's street checks or similar interactions.