We are delighted to host this week-long series of articles by graduate students at the Max Bell School of Public Policy at McGill University. Look for them here in our Online Analysis section.

Yvette Yakibonge

June 16, 2021

In the wake of the high-profile incidents of police violence against African Americans, the world has been confronted by a reality long known by Black people and reluctantly accepted by others–the presence of racism within policing. As protests against police brutality have broken out in many major cities worldwide, a global outcry has arisen for police reform, one that continues to sound, even today. Police practices everywhere are increasingly challenged due to the growing amount of video footage capturing what seems to be excessive police use of force. Though many Canadians would have liked to believe that systemic racism was beneath such a polite and proudly multicultural country, the truth proved to be jarring.

Research has suggested that racially biased policing is also very present in Canada. A study of Toronto police data from 1996 to early 2002, for example, found that Blacks were three times more likely than whites to be charged with simple drug possession, even though surveys suggest that white people have higher drug use rates. In Canada, Blacks are overrepresented in arrest statistics, particularly for drug-related and discretionary offences. These studies support the argument that Black people are more likely to be subjected to racially biased police surveillance tactics. These are essential elements explaining the overrepresentation of Blacks within provincial and federal corrections, similarly to the US.

Black and Indigenous communities in Canada bear the brunt of unjust policing practices in Canada. Given the systemic racism present within law enforcement and growing concerns of police misconduct, multiple police services have started rolling out body-worn camera (BWC) pilot projects with the hope of increasing accountability, transparency and public trust.

The assumption here is that the presence of video-recording devices, fully capturing police-public encounters, will enhance the conduct of both parties. This is based on the deterrence and self-awareness theories. In essence, these theories suggest that upon knowledge of being observed, people change their behaviour. This may be due to the fear of possible reprisals or consequences or a heightened sense of self-awareness and self-scrutiny. BWCs should, in theory, reduce police-public encounters involving force, decrease complaints from citizens, and increase police accountability and legitimacy.

… there is no empirical evidence proving that BWC footage would lead to more officers being held accountable or increased transparency.

Yet, do cameras really mean more transparency and accountability? The use of BWCs may not be the all-in-one solution many believe that it is. In fact, over-reliance on oversight tools, such as BWCs, may actually interfere with the actual work that needs to be done within police departments and communities.

Contrary‌ ‌to‌ ‌popular belief, studies on BWCs have actually had mixed results. Overall, none has substantially proven that BWCs truly impact police behaviour or public perceptions of‌ ‌the‌ ‌police. Recently, a year-long pilot project launched by Montreal police concluded that BWCs were not cost-effective and had little impact on police interventions. Furthermore, there is no empirical evidence proving that BWC footage would lead to more officers being held accountable or increased transparency. A study published by Yale University in 2016 found that jurors were no more likely to convict an officer of misconduct when presented with video evidence than they were with non-video evidence.

… the lack of clarity around privacy rights, access to and use of footage, and storage time is alarming and needs to be addressed.

Moreover, the unclear guidelines regulating their use may actually hinder their effectiveness. The Toronto Police Service has been the only force in Canada to release its internal BWC policies. Most police services have opted not to follow suit. There are concerns about police officers’ ability to activate or deactivate their BWCs, as such power could allow for abuse. The question of whether police officers would be allowed access to video footage before making their official statements is also highly problematic. The lack of public consultation on the matter further undermines efforts to increase transparency. Not to mention the growing privacy concerns. There‌ ‌is‌ ‌a‌ ‌high likelihood of the BWCs collecting more information than necessary, including passerby footage or footage of resident homes. Increasingly, the lack of clarity around privacy rights, access to and use of footage, and storage time is alarming and needs to be addressed. 

It has never been more important to bring the police closer to the community and rebuild trust than it is today. But there are no quick fixes. We need to start thinking about what makes society safer for racialized communities and about the causal conditions that have brought about the issues that we face today. It goes beyond police wearing BWCs. There needs to be a fundamental change in police practices and culture. But to truly change behaviours, there needs to be a change in mindset. Only through exposure, heightened awareness, increased community interactions, better training and policy reform, can there be true change in police conduct and public perception.

Yvette Yakibonge, is a Master’s student at the Max Bell School of Public Policy at McGill University.