Racial Profiling of Black Canadian Citizens at Port(s) of Entry in Canada

Before I elaborate on the differential treatment of African Canadians by Canada Customs Inspectors, it is important to review briefly the The Declaration of Quality (client) Services. This document, produced by the Treasury Board, states that the Government of Canada is committed to delivering quality services to Canadians. Its clients can expect to receive service that:

is prompt, dependable and accurate;

is courteous, and respects individual rights, dignity, privacy and safety;

is good value for money, and is consolidated for improved access and client convenience;

reflects a clear disclosure of applicable rules, decisions and regulations;

is regularly reviewed and measured against published service standards, and these reviews are communicated to clients; and

is improved wherever possible, based on client suggestions, concerns and expectations.

Source: Treasury Board Secretariat, Quality Services: An Overview, October 1995, p.3

African Canadians are treated as suspected "drug dealers", "smugglers" and/or "high risk travellers" regardless of status, income, social position, occupation, age, or gender because of racial profiling which Canada Customs Officials employ at the port of entry to deal with "Guns and drugs, and criminality issues." See, for example, Canada Customs Visible Minority Study and Black Passengers targetted in Pearson Searches?

Racial profiling is criminal profiling based on race. Racial or colour profiling refers to that phenomenon whereby certain criminal activity is attributed to an identified group in society on the basis of race or colour resulting in the targeting of individual members of that group. In this context, race is illegitimately used as a proxy for the criminality or general criminal propensity of an entire racial group.

Customs Officers have the power to detain or arrest individuals caught not complying with the Customs Act, Customs-Act-related laws and the Criminal Code.

Canada Customs and Revenue Agency recently commissioned a report to look into the concerns of travellers. That report confirms that African Canadians are subjected to differential treatment by Canada Customs based on our race and colour. The Canada Customs Visible Minority Study noted that:

In Toronto, there were more problems, particularly with flights from the Caribbean (especially Jamaica). Many felt that travellers on these flights, particularly Black people, are subject to closer scrutiny than any others. Participants commented negatively on the number of Customs officers, the use of dogs, the frequency of luggage searches, and aggressive, disrespectful treatment by Customs officers...

Participants spoke of stereotypes.. Black people on other flights are still scrutinized more closely. Most participants felt that both the country (as a drug source) and travellers' skin colour contributed to the extra scrutiny on... flights.

It was often noted that certain types of travellers are more likely to be closely scrutinized by Canada Customs. The following were often seen by participants to be subject to greater scrutiny, more questions, and more searches: young men, people who are not dressed well (particularly young travellers), visible minority travellers (and others) who do not speak English or French well, people coming from higher-risk destinations (e.g. Jamaica, Lebanon, Columbia), people who do not have Canadian, American or European passports, bus travellers, and car travellers (vs. plane). It was felt that any combination of these things tended to increase the likelihood of close scrutiny by Canada Customs. When participants themselves fit into more than one of the categories, they were often unsure about what triggered more scrutiny from Customs officers. This issue contributed to the confusion about whether participants felt they have been discriminated against because of skin colour, since closer scrutiny may have been associated with some of these other factors. In short, many did not think that different treatment for some visible minority travellers was based on discrimination, but rather that Canada Customs has some "working assumptions" or "predisposed ideas" about the degree of risk. ....

Unfortunately, the treatment of African Canadians is not in keeping with the principles enunciated in the Declaration of Quality Services nor is it in keeping with the provisions of the Charter and the Canadian Human Rights Act.

Passengers, especially those who are black are treated very rudely, sent to separate lines, our luggage are searched, and we are sometimes treated worst than dogs by Customs Officials. The contents of our bags are removed, ripped open, searched, and in some cases thrown on the floor, in front of all of the other passengers. See, for example, Canada Customs Visible Minority Study and Black Passengers targetted in Pearson Searches?

THE DOG SEARCH: Customs Dog Hander Daryl Martin and his Dog Cyrus searching an incomming flight from the Caribbean.

The Canada Customs report noted that:

...Many commented negatively on the search process, feeling that it was dehumanizing, with little verbal interaction or friendliness from Customs officers, and that the officers invariably left the luggage messy.

A number of people focused on instances where they felt the treatment they received was different from the treatment they felt that Caucasian travellers received.

In cases where a complaint is filed in relation to the racial profiling, poor client service, and abuse of authority, all that happens is the matter is covered under the rug. Quite frankly Canada Customs and the whole hierarchy within it is not open and is unreceptive to the experiences and concerns of African Canadian Citizens with respect to the impugned treatment at the hands of Canada Customs Officials.

Scott Wortley, a criminologist at the University of Toronto, says the airport findings reflect what other studies have shown in other areas of society."There's an over-surveillance of the black community" see Black Passengers targetted in Pearson Searches?]

Is this Reasonable Suspicion or Is it a Racial Suspicion?

In my case, I was returning "home" to Canada on May 24, 1999, having spent the holiday weekend in New York City. I was questioned by Student Customs Inspector, Ryan Timmins, Badge #13489 and my baggage was searched by him. I requested an explanation for the search of my baggage and no reasons were provided for the search.

The Amtrak train was filled and I was the only black male in the car when this search was conducted in full view of all of the passengers. To make matters even worst, when this intrusive, arbitrary, and demeaning inspection was completed, I was required to pack up back my bags "as a courtesy to the officer."

The student Customs Officer refused to provide his name. He provided a Badge number which was on his shirt.

Interestingly enough the Student Customs Inspector wrote that he is not required to have reasonable grounds to search a person's baggage. In this case the reasonable grounds for the search was set out in the June 05, 1999 letter of the Student Customs Inspector, Ryan Timmins, as follows:

I conducted examination of Mr. Pieters' luggage under the authority of 99 (1) (a), (b), and (c) of the Customs Act, which do not mention reasonable grounds. However, I would like to elaborate on, what I am convinced is reasonable grounds for an examination of Mr. Pieters.

"He was alone" (Is it a crime for a young black man to travel out of and into Canada alone, on his days off from work???)

"had been away for only three days" (As a Refugee Claims Officer I had, and continues to have, a very busy schedule - which certainly did not allow for travels for an extended period)

"was traveling from a drug source city" (He sanctimoniously paints New York City with a long brush - what evidence does Canada Customs have to support their position in so far as their characterization of New York City is concerned? And, in any event, even if New York can be so classified what does that have to do with me? Are all travellers from New York City suspected drug couriers?)

"He was exhibiting behavior which indicated he did not want his baggage to be examined" (I wanted reasons as to why this man was interested in searching my bags - I guess the Charter, the Human Rights Code, principles of procedural fairness and courtesy does not apply to black travellers)

"Finally, he appeared abnormally agitated during primary examination." (The fact that at the material time I was, and still am, employed in a position which dealt with Immigration and Refugee matters and I earned my living by "cross-questioning" and cross-examining people including alleged terrorist suspects and former senior military and government officials and a student would allege that I was nervous during his primary inspection is so ridiculous that only an idiot would give the Student Customs Inspector comments in this regard any form of credibility).

The Student Customs Inspector self-righteously wrote, "I proceeded with a routine inspection of Mr. Pieters' baggage for the purpose of verifying his declaration and to confirm that Mr. Pieters did not have any contraband or improperly reported goods." Contraband includes the trafficking of commodities such as drugs, tobacco, alcohol, and jewellery across the United States/Canada border.

He then concluded by stating "my examination... was non-resultant".

Given the "Department's position that students make more seizures and are more aggressive and enthusiastic tha[n] seasoned Customs Officers." I am not surprised that principles of equality, fundamental fairness, procedural fairness, and basic human dignity are thrown out the door. There must be more to a traveller that would invoke a full scale search of that person's baggage than the indicia which the Student Customs Inspector referred to above. [see Simmons v. The Queen (1988) 45 C.C.C. (3d) 296; Customs Enforcement Manual; Intelligence Guide - Identification of high Risk Air and Marine Cargo (Revenue Canada Publication); Intelligence Study - "Smuggling Using Suitcases, Flight and Garment Bags" (U.S. Customs Service Publication); Intelligency Study - "Airline Tickets: A tool for Identifying Potential Narcotics Smugglers" (U.S. Customs Service Publication)]

Reasonable Grounds For a Search

In Simmons v. The Queen (1988) 45 C.C.C. (3d) 296, appeal to the Supreme Court of Canada, it was held that:

Physical searches of luggage and of the person are accepted aspects of the search process where there are grounds for suspecting that a person has made a false declaration and is transporting prohibited goods."

In the Customs Enforcement Manual under the section "Reasonable Grounds" it defines reasonable grounds as follows:

13. Reasonable grounds for Customs purposes are defined as grounds to take action that would lead a reasonable person to believe that a violation of the Customs Act or the Criminal Code or any other federal statute may have occurred.

14. It is difficult to define precisely what constitutes reasonable grounds. Reasonable grounds are definitely more than an officer's intuition. Appendix B to this chapter provides some examples of an individual's behavior that, by themselves, each of these observations (indicators) does not necessarily, but, when combines with other observations, may constitute reasonable grounds.

As noted by the Customs Union in a Brief to the Minister of National Revenue "Employing untrained and unqualified students to undertake the near full-range of duties and responsibilities associated with enforcing over eighty (80) legislative acts of Parliament at ports of entry simply doesn't make sense. No responsible Canadian law enforcement organization, or - as far as we know - in the world, hires untrained, unqualified students to replace trained, qualified staff to enforce the law, except Revenue Canada."This is so true.

As an example, the Student Customs Inspector, relied upon 99 (1) (a) (b) and (c) of the Customs Act to search my bags. When in fact, given what he considered were reasonable grounds for a search, the appropriate statutory provisions are 99 (1)(a) and (e):

99(1) An Officer may: (a) At any time up to the time of release, examine any goods that have been imported... (e) ...suspects on reasonable grounds that...any act has been contravened...examine the goods...

A Federal Public Servant

At the time of this incident I was, and still am, employed as a Refugee Claims Officer (PM-04) with the Immigration and Refugee Board of Canada. I showed the Student Customs Officer my Canadian Citizenship Card and my Immigration and Refugee Board of Canada identification Card. The Student Customs Officer wrote in a letter to the Director, Human Resources, Human Resources Development Canada, "I was unaware as to the authenticity of the card presented to me."

I guess it is difficult for some who stereotypically view young black men as fitting the profile of drug couriers and tax evaders to conceptualize young black men in the professional ranks of the public service of Canada at the PM-04 level.

Student's Customs Inspectors

Apparently the Customs Excise Union Douanes Accise which represents Customs Inspectors has criticized the use of Students Customs Inspectors at our ports of entry for several reasons in a May 1999 brief to the Minister of National Revenue including their opposition to the fact that:

Revenue Canada employs students as Customs Officers at Primary Inspection Lines and that students are left to carry out release functions alone in the travellers stream.

Revenue Canada employs students as Customs Officers on a year-round basis.

Revenue Canada provides students with Customs Officer badges. CEUDA feels students must be identified as such.

Revenue Canada employs students as Customs Officers to perform Secondary Inspections. CEUDA maintains students should strictly assist seasoned Customs Officers.

Revenue Canada employs students as Customs Officers with little training that is not based on a pass/fail standard.

Revenue Canada employs, as Customs Officers, students who have not been administered, nor passed, the Customs Officer Recruitment and Training Program.

...the... awarding Peace Officer status to untrained, unqualified students with powers of search, detention, seizure, and arrest.

...the Department's position that students make more seizures and are more aggressive and enthusiastic tha[n] seasoned Customs Officers... seasoned Customs Officers who have had extensive training and gained insightful experience. Seasoned Customs Officers can target more effectively and efficiently than students employed as Customs Officers.

Revenue Canada believes employing students as Customs Officers costs less directly to the Department and indirectly to Canadian taxpayers than does employing seasoned Customs Officers.

Would I have been handled better if I was inspected by a Senior Customs Officer?

Interestingly enough, the Student called his Superintendent, Paul Morisson, who made the situation even worst. I was called "Billy Jack" by the Superintendent.

Canada Customs wrote:

"Yes, Mr. Morisson called Mr. Pieters "Billy Jack" when Mr. Pieters continued to express his opinion about his customs clearance and would not accept an explanation about customs procedures from Mr. Morission.

In that 1971 hit, a Native American kid name Kit asks for an ice-cream cone in a whites-only small-town soda shop. At first, she's denied an ice cream, and then the villains dump flour on her head "to make her white." The trouble is intercepted by the flying bare feet of Tom Laughlin as the Native American avenger Billy Jack.

In this case, is it a coincidence? There is a young, middle class, black man travelling alone in an Amtrack train full of white people, he was profiled or subjected to a risk assessment by an "untrained, unqualified student with powers of search, detention, seizure, and arrest" and singled out for differential treatment by the "aggressive and enthusiastic" Student Customs Inspector to whose tune the Canada Customs and Revenue Agency dances because allegedly Student Customs Inspectors "make more seizures". After being the subject of rude, abrupt and humiliating treatment by the Student Customs Inspector based on my race and colour including a search of my personal effects in full view of all of the other passengers; Ryan Timmins refusal to provide an explanation or reasons for his search of my personal belongings; the fact the contents of my bags were removed, searched, some of my clothing fell on the floor; the fact that I was required to pack up back my bags "as a courtesy to the officer"; and the fact that the officer refused to provide his name, I was angry and thus the chain of events leading up to my cry "I am a Canadian Citizen and I am entitled to enter, remain in and leave Canada whenever I so chose and I do not appreciate being unduly harassed and searched by Customs Officers" and the Superintendent's response "o.k. Billy Jack" and his attempt to prevent me from leaving the dining car by blocking my seat and getting up into my face an aggressive, threatening and intimidating manner.

Do you see the link here?

I made it clear in respect to the racial profiling, racial stereotyping of me and the racial name calling that "This is racism..."

The Impact and Effect of this Incident

I filed a complaint with Customs Border Services, and it got me no where. The Student Customs Inspector's observations that this was a "routine inspection", having regard to what he considered to be reasonable grounds to search my baggage, and assuming they were to be accepted as true, given my race, sex, age, social status, occupation, and income, would suggest or convey an aura that I, as a Canadian Citizen, was not entering a free and democratic society that is supposedly my home, but a prison or a penitentiary or worst yet slave plantation country. The Regional Director for Customs wrote a letter to me but which was held back and not sent to me at the order of one of his superiors. In that letter the Director, John G. Johnston, wrote "It would not be at all unusual for an Inspector to examine the luggage of a male, traveling alone, returning from a short visit to a drug source city. There is no requirement for the Inspector to explain his reasons for examining baggage of travellers..." Are we living in a totalitarian and/or dictatorial state? Or is the treatment of me, in this case, a Ressurection of U.S. Supreme Court Chief Justice Taney's doctrine on blacks that:

They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery...

I most certainly do not feel that I was treated by Canada Customs and Revenue Agency with ?equal worth and dignity.? Nor do I feel ?secured in the knowledge that [I was treated as a person] recognised at law as [a] human being equally deserving of concern, respect and consideration?.

I was treated like a third class Canadian citizen whose rights were suspended because of my race. Have we returned to the Dred Scott era???

It is obvious that Canada Customs and Revenue Agency consider that its Student Customs Inspector had a right to profile me as a drug courier. THIS IS NOT REASONABLE SUSPICION, IT IS RACIAL SUSPICION. THUS THE HUMAN RIGHTS COMPLAINT OF DIFFERENTIAL TREATMENT BASED ON RACE AND COLOUR.

A human rights complaint was filed with the Canadian Human Rights Commission on July 22, 1999, by me in respect to the incident of Racial Profiling at the Whirlpool Bridge Port of Entry on May 24, 1999.

Canada Customs denied the allegations.

In my February 18, 2000 rebuttal to Canada Customs and Revenue Agency, and in my March 2001 response to the Investigator's Report, I provided substantial evidence of racial profiling since the Respondents took the position that the Customs Act does not allow for discrimination on the basis of race. I also requested that this matter be sent to a Human Rights Tribunal since there can be no concilliation of this very important public interest matter.

The excessive scrutiny which African Canadian citizens face at Canada's port(s) of Entry, poor client service by Canada Customs Officers and the unjustified and degrading searches of African Canadian travellers luggage and person, the lack of redress when complains are filed in relation to the unjustified behavior of Customs Officials, all of which has to do with racial profiling of black citizens at the port of entry, speak volumes about the disregard the Government of Canada, its agencies and officials have for the human rights, dignity, worth and well-being of African Canadian citizens in its society. This harassment and racial profiling of African Canada citizens at the various port of entry into Canadian is unacceptable and must cease.

The Canadian Human Rights Commission has investigated the issue of racial profiling by Canada Customs Border Services and referred the subject matter to the Canadian Human Rights Tribunal for hearing.

Minutes of Settlement which has resolved the matter have now been signed by the parties. See, Pieters v. Dept of National Revenue - Recent Developments

On January 25, 2002, the Canadian Human Rights Tribunal has adjourned the matter sine die. See, Pieters v. Dept of National Revenue - Notice of Adjournment

Blacks singled out: Officials face racial profiling chargesmyTO.com, June 05, 2001

Canada Customs Union joins call for Investigation of Racial Profiling of Black Canadian Citizens at Port(s) of Entry in Canada

1999 CHRC Annual Report: Race, Religion and Ethnic Origin

Legal Resources on Racial Profiling

Police Powers: The Limits of the Law on the Streets in Canada