LAWYERS EXPECT POLICE TO CHANGE

Racial Profiling Case Sends A Message

A Quebec Court judge's decision to throw out drug charges against a black
man deemed to be a victim of racial profiling should pave the way for
changes in how police handle criminal investigations, lawyers say.

In a 22-page decision, Juanita Westmoreland-Traore dismissed drug charges
against a 25-year-old black man because he was a victim of racial profiling
by the Montreal police.

"The facts reveal the police were going on a fishing expedition," said
Robert La Haye, a Montreal criminal lawyer, who argues police will be more
careful when it comes to arresting without just cause.

"I'm sure the police will take knowledge of this judgment and they will be
much more careful and prudent before arresting a black person," La Haye said.

"Leaning forward in a car is not sufficient to intercept a vehicle and
suspect a crime."

Westmoreland-Traore ruled that police officers acted unlawfully when they
detained and searched Alexer Campbell last April 24 in Cote des Neiges.

The decision is the first in Quebec to exclude evidence because it was
acquired after police used racial profiling. Cases in Ontario have been
thrown out for the same reason.

Racial profiling is something defence lawyers have sometimes suspected but
have not always been able to prove in court.

"We often have the feeling there are racial (questions) behind the
arrests," said Isabelle Doray, president of the Association of Montreal
Defence Attorneys.

"We knew it existed, but we could never prove it. The fact we now have a
decision in Quebec shows judges have more of an open mind and that
(profiling) could be a problem in certain cases."

Doray stressed that a racial-profiling defence is not simply a tool but
something that should be reserved for a clear case.

"We have to be careful in using that (defence), but more jurisprudence and
more precedents will allow lawyers to plead it in the cases that deserve it."

The crown prosecutor in the case, Marie-Josee Theriault, said she had no
comment on the decision, which is under review by her office to determine
whether an appeal will be launched.

Civil rights lawyer Julius Grey said he hopes racial profiling will be
abandoned.

"It's not so much that it will be a frequent cause of refusal of evidence,
but rather it will become an abandoned practice," he said.

"My great hope is this judgment will permit the improvement of relations
between police and blacks and will change the way police investigate crime
so as not to put innocent people under arrest."

While police do have the right to identify suspects by race, Grey said,
it's illegal for them to stop members of a minority group because they
believe they are more prone to commit crimes.

La Haye noted: "In their subconscious, police may always have that reflex
to suspect certain people. But I'm sure (officers) will be told to ensure
they have reasonable grounds for arresting someone."

Grey said the judgment will not be used as a way to acquit dangerous
people, because the ultimate discretion will be up to the courts.

"There is no standard way for a Montrealer to look or sound," Grey said.

"It is important that we don't allow statistical information to be the
basis for arrest."