RACIAL PROFILING -
BY JAY CHAUHAN
EMAIL: jaychauhan53@yahoo.ca
Equality before the law is enshrined in the Bill of Rights in Canada and similar legislation in the US constitution. The written legal equality before the law is very important to have but it is not enough. This written theoretical equality needs expression in your daily life before you can enjoy the benefits of real equality. The support of the decisions makers including the political leaders and judiciary.
Achieving equality requires effort on the part of the individuals and the groups that they belong to. Racial profiling in Canada and US after September, 11th 2001 have very much eroded the rights of equality of many minority groups. Racial profiling is where the police, customs or other governmental institution selects a group of people for their appearance, religion, name or affiliation for additional checking and extra scrutiny for the protection of the larger group.
Even when you have the legal rights there are many hurdles you must cross before you can enjoy these rights. You may have an excellent legal position but you can't win that case until you find financial resources to express that right in the court. When you are stopped at the airport and finger printed who will you complain to? And do you have the financial might to fight against the government that has legal and financial resources
in racial profiling cases?
The biggest challenge for many countries today is to have institutions and culture that accommodates minority groups in the society that look different, such as middle eastern looking men and blacks in Canada and US. The challenge is for the minority groups to educate the rest in society that all faces that look similar to others are not the same. This requires group effort on the part of individuals and social organizations to bring about understanding of the contribution made by these minority groups. It is easier to ruin the reputation of a group with a few in it that engage in anti social behaviour. It takes many in that group to establish the reputation that they are hard working, family minded, law abiding group of people who have the skills and ability to make positive contribution in the society.
Understanding history can be helpful in understanding how different groups have been accepted in society over a time period. Women's rights for example were ignored for a long time in Canada and US. However considerable strides have been made in the last 30 years in having women in key positions. The right to vote for East Indians and Chinese was not recognized in Canada until 1946. During the last 30 years there has been a large influx of non white groups settling and immigrating to Canada. This has created a particular problems in their acceptance not only by the host society but also by the institutions within the society.
Legal institutions which protect and enhance your rights of equality themselves have to reflect principles of equality. Institutions of society do not change as quickly as the enactment of laws.
Time will come when the police, judiciary, tribunals and public administration and other legal institutions reflect the proportionate numbers of minorities and women in these institutions. Today for example, less then 18% of the women and less than 1% of the judges are minorities although women are about 51% of the population and visible minorities are about 20% of the Canadian society.
Minority groups need to band together and improve their social and cultural exchange between the groups. This would enable cohesive political groups to be formed to express their rights and interests. Presently each group works on its own and the numbers in each social and ethnic group are not big enough for each to exert the influence on the political and legal institutions. In Toronto where almost half the population is comprised of various minority groups they could form a formidable social and political force to bring about real changes in society to protect minority interests.
Canadian courts have come out against racial profiling. However if you ever have the misfortune to be a victim of the institutions that profile you it would be an experience of a life time. Recently some Pakistani and one South Indian students were tried and then acquitted for being terrorists because they had enrolled in a school which appeared bogus. The legal costs of defence, the anguish of being branded terrorist, losing your studies and sitting in jail confined for months can be a terrifying experience.
(Jay Chauhan is a senior lawyer based in Richmond Hill, Ontario.)
