Case of racial profiling a chance for ‘growth and learning’: Hamilton police chief
Hamilton's police chief says a court ruling that found four officers racially profiled two Black men during a traffic stop will be addressed through more training.
We will use this court case as another move forward to our progressive growth and learning," Chief Frank Bergen told the police services board Thursday.
The new chief also acknowledged that not initially speaking publicly about Justice George Gage's decision was a missed opportunity" to address the important issue.
Earlier this month, The Spectator's Susan Clairmont reported that Gage concluded the four officers had racially profiled two young Black men when stopping their car on Barton Street East in February 2020.
In his written decision, Gage also found the officers conducted illegal searches and didn't acknowledge the men's right to a lawyer.
He wrote it was more probable than not" that the detention was based on a belief, held by one or more of the officers, that was based on the assumption that two young Black males driving a BMW were likely up to no good."
As a result, Gage excluded evidence from the trial relating to a handgun found during the incident. The men were found not guilty. Police also found marijuana and fentanyl, court heard.
In response to The Spectator's initial requests for comment, Bergen's office only issued emailed statements.
But in an interview, Mayor Fred Eisenberger told Clairmont he'd like the chief to respond to the judge's ruling publicly and before the police services board.
On Thursday, in an address to the governing body, Bergen offered a summary of the traffic stop.
He also read excerpts from Gage's decision, including that the men were arbitrarily detained" and that the arrests were rooted in unconscious or conscious application of racial stereotyping."
Police make difficult choices in the interest of community safety" every day, added Bergen, who became chief in May after Eric Girt's retirement.
But that being said, in every incident, there is room for learning and growth, and Justice Gage's decision has brought forward some of those opportunities."
Senior command is committed to working" with the Ministry of the Attorney General and members of the legal community to provide officers training, including on grounds for arrest and charter breaches, Bergen said.
As well, the professional development division and service's equity, diversity and inclusion specialist are examining policy to reflect system change and the removal of bias from our practices."
After Bergen's address, Coun. Tom Jackson expressed comfort that the gun and fentanyl hadn't been returned to the men.
Obviously ... one less weapon, one less amount of fentanyl off our streets, especially if it gets in the hands of the wrong people - children, whatever - it is from my standpoint, very good to know."
But a lack of public inquiry by board members into the crux of the ruling - racial profiling - is troubling, said Kojo Damptey, executive director of the Hamilton Centre for Civic Inclusion.
Is it a problem that these things are out there?" he said, referring to the gun and fentanyl. Yes, but we are also talking about a practice of policing that continues to happen."
Bergen's pledge for additional training also rings hollow, Damptey added, calling for actionable items" leading to cultural change within the service.
An example would be directing a 2020 budget surplus of $2.1 million toward cash-starved agencies, he said, echoing calls to flow police funding to social services.
On Thursday, the board opted to allocate the year-end surplus to reserves and the 2021 budget.
In an interview, Bergen said what happens with the four officers in the case has been a point of conversation" with the Crown attorney's office, but didn't offer details.
I have spoken to the officers. They officers are aware of the impact of this decision."
Teviah Moro is a Hamilton-based reporter at The Spectator. Reach him via email: tmoro@thespec.com