Police misconduct, discrimination and brutality is not isolated to one country, but impacts Western society from the U.S. to Europe, the UK to Australia, and Canada to New Zealand. It is an international tragedy that is anything but a recent phenomenon, rooted in generations of injustice, economic inequality, and systemic racism.[1]

Across the Western world racialized and marginalized groups have borne the brunt of the criminal justice system in disproportionate and devastating numbers – over policed, over-prosecuted, and over-incarcerated. And when the law becomes inconsistent and unjust in both application and enforcement, people lose trust – our society’s most valuable social capital – in both the rule of law and the institutions that secure it.

Race matters in our criminal justice system. It affects how likely you are to be pulled over by police, how likely you are to be released or detained pretrial … and how severely you are sentenced.

– National Association of Criminal Defense Lawyers[2]

Political mismanagement of systemic racism, police violence and reform, the glaring lack of a national strategy in nations across the world, and our society’s exhausting, inconclusive struggle with racism year after year demands we answer two questions today: “If not now, when?” and “If not us, who?”[3] Yes, reform of our institutions and justice system can seem intimidating, but we must remember that we hold the power to transform them, and have the ethical imperative to do so when they fail to reach equitable outcomes.[4]

In respect to the unprecedented trust gap across the globe,[5] who will build the bridge for our divided countries? At minimum we require leaders that can heal, unite and prioritize the challenges of the broad citizenry, including social justice, economic inequality and unequal opportunity, and an imaginative reframing of the justice system that enhances the public good in society. The magnitude of the issues across Western society requires principled leadership and participation on all levels, from business to our frontline citizens, law enforcement to the courts, and policymakers to the legal profession: “Everyone needs to be at the table to achieve what for too many is a long-overdue breaking of the silence regarding the truth about our legal system and society: the existence of persistent, overt and implicit racism”.[6]

Perhaps more than ever we need leaders of conviction and courage to step out of their comfort zone to make bold statements and set bold objectives and model a bold way forward – inspiring a shared vision for our institutions and justice system, and building trust:[7]

“The rule of law — and the peace of our communities — is only assured when people respect, understand, and welcome the police and the other elements of local government dedicated to keeping us safe. This doesn’t happen by chance or automatically; it takes intentional effort. It’s hard work building community trust.”

Let none of us say the job is too big or the problems of racism run too deep. … This is our torch to carry. Lawyers have a special responsibility to fight injustice, especially injustice caused by laws and practices that are racist and unjust in word or effect.

– Judy Perry Martinez, President, American Bar Association (In her final speech before the House of Delegates)[8]

Introduction

Systemic racism is about how society actually works, and is a term increasingly used to signal a desire to attack the roots of inequalities and discrimination. It is called “systemic” racism because it is embedded in the political, economic and social structure of a country – ingrained in nearly every way people move through society in the policies and practices at institutions like banks, schools, companies, government agencies, law firms, the courts, and law enforcement[9] – which all are microcosms of broader society.

And the statistics tell a stark story. Racialized persons experience (a) massive disparities and over-representation in police stops, use of force, serious injuries, shootings, controversial deaths, and arrests, (b) over-representation in prison populations and length of sentences, (c) disproportionate economic inequality and barriers to accessing education, employment, housing, and health care, or exercising their democratic rights (including voting)[10]; and (d) under-representation in the middle and upper layers of economic, political, government, administrative and media institutions (in roles that dictate economic and social advancement).[11]

The “evidence of racial bias in our criminal justice systems is not just convincing — it is overwhelming”.[12]  The highest courts in Canada have recognized that racism – overt and systemic – exist and impact our communities.[13] Unchecked and ignored the state’s failure – our society’s failure – to protect and provide for its most marginalized citizens leads to civil unrest and protest: a cry for help in response to the widespread economic and racial inequalities and failure to protect all of its citizens from police discrimination and misconduct.[14]

We have … racial disparities in our criminal justice system, from … pretrial detention to jury selection to plea bargaining to sentencing to parole and pardons.

– If you don’t believe system racism is real, explain these statistics, Washington Post[15]

Everything happens within a social context. When the justice system (in particular law enforcement) reflects a strict ‘law and order’ paradigm in a society with systemic racism – and without apparent recognition that the vast majority of people from racialized communities never engage in violence[16] – the focus on social order, control and hierarchy may prevail over accountability and the impartial enforcement of the law and implementation of even-handed justice.[17] The core mission of the police is to keep the public safe – to serve and protect – and how police departments deliver their services and the trust they foster in society is an important part of the tangible results.[18]

In recent months, front-line police discrimination, brutality and death of unarmed racialized persons – videotaped for the world to see – has laid bare systemic inequalities and racial discrimination. The U.S. is engulfed in its most widespread, sustained unrest since the late 1960s. Though the killing of George Floyd at the knee of police in the U.S. “was the most recent spark, the fuel has been pouring for decades. Widespread police brutality in an environment of racialized poverty and inequality have led Black people in the United States to feel there is no option but to overwhelm the streets”[19] as the law and institutions appear to neither reflect nor serve the public equally.[20]

The police violence and racism is particularly troubling because it is “only the tip of the iceberg”, tracing “back to the larger issue of systemic racism in our societies”.[21] And because protests are borderless in today’s digital world – and racism is not just an American problem – citizens around the world are seizing the moment to push for change in their own countries, standing in solidarity with protestors in the U.S. and calling for a reckoning with past and contemporary injustices and their adverse impact.[22]

Ordinary people with extraordinary vision can redeem the soul of America by getting in what I call good trouble, necessary trouble. Voting and participating in the democratic process are key. … In my life I have done all I can to demonstrate that the way of peace, the way of love and nonviolence is the more excellent way. Now it is your turn to let freedom ring.

– John Lewis, Civil Rights Leader (published on the day of his funeral)[23]

The Economist reported that the protests represent a genuine and legitimate frustration over a decades long failure to reform police practices.[24] The “impunity, the code of silence, the inhumane treatment and disrespect have decimated community trust. The secrecy, unbalanced [police] union contracts and” apparent lack of accountability “for abusive officers” – from the front line to senior police leadership – “has to end”[25]:[26]

“Many complainants of police abuse or misconduct never see an investigation or punishment for the officer involved. Canadian officers involved in fatal interactions are rarely charged, according to one study of such incidents between 2000 and 2017. Likewise, U.S. officers rarely face legal consequences for shooting and killing civilians. [U.S. officers] are also often shielded from lawsuits through a controversial doctrine known as qualified immunity. Even when an officer is found guilty of misconduct and fired, there are few mechanisms to prevent them from being rehired by other police departments.”

As a result, the system itself may become a barrier to justice rather than an avenue by which justice is accessed:[27]

“In these situations, the public has historically turned to acts of [peaceful assembly and lawful] dissent and civil disobedience. These movements, and their leaders, are often mired in controversy. Sometimes, as in the case of Gandhi, Martin Luther King Jr, and Nelson Mandela, we look back on their actions as morally justified and worthy of respect and admiration.”

When London-based lawyer and women’s-rights activist Shola Mos-Shogbamimu first heard the news of George Floyd’s killing on May 25, her gut reaction was raw anger. ‘George Floyd was every black person in that video … every one of us can identify with that knee on our necks’. … Floyd’s final words, ‘I can’t breathe’, have been emblazoned on placards and chanted by crowds … around the world.

– As Protestors Shine a Spotlight on Racial Injustice in America, the Reckoning is Going Global, Time Magazine[28]

Systemic racism and bias has disproportionately impacted Black, Indigenous and People of Colour (“BIPOC” or “racialized person”, group or community)[29] in our communities for far too long. This reality has significantly impacted the ability of racialized communities to compete equally in opportunities for economic and social advancement, as well as their experience with the justice system.[30]

The system appears to be stacked against those who are already disadvantaged, and this is bringing longstanding perceptions of racial and social injustice, discrimination and economic and social inequality “to a boiling point”[31] – sparking a push for significant reform of the justice system (in particular law enforcement) to root out systemic racism.

The best available evidence reflects high rates of use of force nationally, and increased likelihood of police use of force against people of color, people with disabilities, LGBT people, people with mental health concerns, people with low incomes, and those at the intersections of these groups.

– United States Commission on Civil Rights[32]

This is a moment of reckoning and moral repudiation, stripping our society – the social compact – of trust and social cohesion. The trust of our communities is essential for society, government, our institutions, and an effective justice system – that is what provides its legitimacy and authority.[33] The lack of trust and social cohesion is a major threat to the stability of a nation’s institutions and society.

Our society, our institutions, and our leaders must take steps to address the loss of social cohesion and trust, the polarization, increasing economic and social inequality, and the despair and feelings of helplessness that is taking hold in many Western countries across the world.

All societies have to live with strains and stresses, with healthy ones developing satisfactory ways of interacting in an open and democratic manner. Trust (an ideal to be striven for, nurtured and improved) and social cohesion (the willingness of members of society to cooperate with each other) are essential to support society and its institutions. For trust and social cohesion to be maintained requires responsive and inclusive public institutions. In light of the harm that can arise from loss of trust and social cohesion – undermining the social contract and a peaceful stable society – refusing to acknowledge and engage with the social and political realities of systemic racism and police violence is not a viable long-term option. As noted by the UN High Commissioner for Human Rights, the “grievances at the heart of the protests need to be heard and addressed” if a society “is to move on from its tragic history of racism and violence”:[34]

“The voices calling for an end to the killings of unarmed African Americans need to be heard. The voices calling for an end to police violence need to be heard. And the voices calling for an end to the endemic and structural racism that blights US society [and societies across the world] need to be heard. …

At all times, but especially during a crisis, a country needs its leaders to condemn racism unequivocally; for them to reflect on what has driven people to boiling point; to listen and learn; and to take actions that truly tackle inequalities. …

Structural racism and police violence are of course found across the world. … The anger we have seen in the US, erupting as COVID-19 exposes glaring inequalities in society, shows why far-reaching reforms and inclusive dialogue are needed there to break the cycle of impunity for unlawful killings by police and racial bias in policing.

In addition, there must be a profound examination of a wide range of issues, including socio-economic factors and deep-seated discrimination. To move forward, communities must be able to participate in shaping decisions that affect them and be able to air their grievances.”

The United Nations Human Rights Council … unanimously passed a resolution mandating that the UN high commissioner for human rights, Michelle Bachelet, together with UN experts prepare a global report on systemic racism and excessive use of force against people of African descent by law enforcement. … [F]or the first time, it brings the issues of systemic racism and police violence in the US and around the world under international scrutiny.

– ‘UN Condemns Systemic Racism, Police Violence’[35]

Questions of government and institutional legitimacy in the eyes of society are key elements to good governance, peace and stability.  Any solution requires ensuring societal issues are actually heard and addressed, in particular with respect to the criminal justice system, the Rule of Law, and equality before the law.

To reach this objective, real, transformative action is required with respect to accountability and transparency, leadership and culture, systemic racism, modernization and community policing (i.e. reallocating funding to community safety models such as social services, etc.; creating non-police alternatives to sending armed officers to address non-violent matters and low level disputes[36]), increased diversity, frontline policing priorities (including body cameras, drones, de-escalation skills), etc. Political leaders have the tools for effecting needed legislative, policy and cultural changes, the question is whether they have the political insight, will and courage to do so. As noted by the Harvard Business Review:[37]

“Often, you will hear … spokespeople referring to a small number of ‘rogue cops’ in cases of brutality. In reality, … [r]eining in this behavior requires a change in police culture. … This includes both the culture of policing writ large and the micro-cultures of individual departments.”

The future challenges facing the Western world – from the UK and the EU to the U.S. and Canada to Australia – confront all of us. A majority of citizens support reforms. Let us not quarrel amongst ourselves when each of our nation’s peaceful, just and inclusive future is at stake.

The Business Roundtable … the trade group representing the CEOs of the country’s biggest companies … are … calling for urgent action on policing reform.

– ‘Corporate America just gave police reform its blessing’[38]

A Primer

However complex and demanding modern policing has become, policing is a public service and it must get the basics right.[39] Unfortunately, policing and law enforcement is not always portrayed or understood as a public service that contributes to the public good. This is partly because these institutions represent state power (and have the unique authority to use force against the public) and because this power is not necessarily always turned toward good, sometimes in Western democratic countries and very often in other parts of the world.[40]

Police play an important role in society in preventing crime and disorder, assisting the public, enforcing the law, apprehending offenders, and helping in natural disasters and other emergencies. And like other public services, the police must operate with impartiality.[41] Their work is complex and demanding and can be extremely challenging as appropriate police action involves finding a balance between serving the State (which, in itself, must serve the public interest), the public (with its potentially varying community needs), and police professionalism[42]:[43]

“In a modern society, diverse and often competing demands are made of the Police Force. Not only is the Force seen as a professional defence against crime and disorder, it is also perceived as a community service, to be called upon for help in circumstances of danger, threat and uncertainty. Policing is one of the most demanding jobs in society and requires intelligent, educated, uniquely suited and dedicated people. Successful policing also requires the active support and confidence of the public.”

Police officers have the difficult and admirable job of providing crucial services to the communities they protect and serve, and in order to carry out these functions have the power to arrest and detain and the power to use force. It is precisely this monopoly on the use of force and the power to arrest and detain that place the police in a unique and sensitive position within the democratic State, so that adequate control mechanisms are required to ensure that these powers are consistently used in the public interest.[44] Accordingly, police officers must operate with the highest standards of professionalism and accountability.[45]

Our society is governed by the rule of law, and that law applies to all members of society including members of our police services.[46] In upholding the rule of law in a democratic society, those entrusted with the task of policing society are themselves subject to accountability before the law.[47] Trust is integral to our model of policing, and a key part of law enforcement’s relationship with the public is to explain themselves clearly and credibly.[48]

The community’s trust and confidence in the police is reinforced by the effective oversight of its complaints handling. The effective and impartial investigation of complaints against police has also been identified in academic research, reviews, inquiries and decisions of courts as an essential part of police accountability and vital to the effective functioning of a modern democracy.

– ‘Policing in a democratic society’[49]

Every citizen should be able to live, work, and travel confident in an expectation that interactions with police officers will be fair, consistent with the law and constitutional norms, and guided by public safety free from bias or discrimination. Unfortunately, too many communities are not confident in these expectations, and so these communities have called for reforms to foster better community-police relations and prevent discrimination and excessive use of force:[50]

“The best available evidence reflects high rates of use of force nationally, and increased likelihood of police use of force against people of color, people with disabilities, LGBT people, people with mental health concerns, people with low incomes, and those at the intersections of these groups.

Lack of training and lack of funding for training leave officers and the public at risk. Critical training areas include tactical training, de-escalation techniques, understanding cultural differences and anti-bias mechanisms, as well as strategies for encounters with individuals with physical and mental disabilities.

Repeated and highly publicized incidents of police use of force against persons of color and people with disabilities, combined with a lack of accurate data, lack of transparency about policies and practices in place governing use of force, and lack of accountability for noncompliance foster a perception that police use of force in communities of color and the disability community is unchecked, unlawful, and unsafe.”

Trust is fundamental to society. Without trust society could not function. Unfortunately, it appears the police service the public pays “to occupy the high ground” is in a number of circumstances undermining that trust – and, for the most part, getting away with it.[51] Yes, “there are a lot of good police officers serving honorably. But no one needs to solve the problem of good police officers”.[52] When police leadership and their organizations fail to adequately address ethical and legal violations and misconduct within their departments, other police officers are more likely to perform the same actions. Why, because what is tolerated is repeated – often referred to as the normalization of deviance[53] – to the point that the culture of even the most ethical of organizations can become undermined.[54]

The National Law Journal recently noted that “fear of the police” spans the socio-economic spectrum and includes “Black lawyers”. Members of the ‘Black General Counsel 2025 Initiative’ noted that “each of us either is or knows someone who has experienced police harassment or brutality. Several of us have been profiled. One of us has had a police officer point a gun to his head”.[55]  And this includes Black professionals from US Senators to UK Members of Parliament, from doctors to NBA executives to police inspectors and across the professions[56]:[57]

“It’s chilling to accept that racial profiling transcends class, and that if a police officer can attack a sports industry power broker, then concoct a paper-thin pretext to charge him with a felony, regular folks live with a similar danger and fewer safeguards. It’s sobering to acknowledge … that worse outcomes often await unarmed black folks after run-ins with police. …

That [a Black NBA executive] can counter-sue [the police officer], and has a legal team that can publicize his case, attest to his influence and privilege. So what happens to lower-profile Black people who have similar run-ins with aggressive police? …

They might become rallying cries. Eric Garner died in 2014, choked to death by one of a group of cops who confronted him for selling loose cigarettes. His final words, ‘I can’t breathe’ …

Or they could become martyrs. George Floyd [died] … with [the police] officer … kneeling on Floyd’s neck for nearly nine minutes, killing the 46-year-old. That death prompted international protests, and triggered a reckoning on race that spanned several industries, helping lead to the NBA painting the words “Black Lives Matter” on courts when its season re-started last month.

And they can become reminders that you might die minding your own business. Breonna Taylor was asleep in the Louisville home she shared with her boyfriend when police, who had showed up at the wrong address, raided the place to serve a warrant. … Police, who weren’t required to knock on the door or announce themselves, opened fire and killed Taylor, a 26-year-old EMT.”

Finding after finding, study after study has confirmed what Black communities have been saying, “that they are subjected to a disproportionate burden of law enforcement in a way that is consistent with systemic racism and anti-Black racial bias”. As noted in an August 2020 report by the Ontario Human Rights Commission – whereby it was recognized that Black people are more likely to be arrested by the police, more likely to be charged and over-charged by the police, and more likely to be struck, shot or killed by the police – “it is clear that the time for debate about whether systemic racism or anti-Black racial bias exists” within the Police Service is over. It is time for action that results in concrete changes to the institutions and systems of law enforcement that are accountable for the racial disparities”.[58]

How did we get to this? One word: impunity.

– Globe and Mail[59]

Confronting Systemic Racism in the Justice System

It is almost incomprehensible that it took the death of yet another black man at the hands of the US police to prompt governments, society and business across Western society to fully confront the issue of systemic racism[60] and a too-violent police culture. Although, even now in the US – partisan and polarized – meaningful reform at the Federal or national level appears unlikely in the short term,[61] the international outcry for reform has leaders stepping up into the vacuum.[62] Social and racial justice cannot be solved in isolation, and there are a number of paths forward, with at least three key avenues for progress in addition to protecting the rule of law and an independent judiciary:^[63]

• It starts with policing and its culture, where some states and cities have already banned chokeholds and where some politicians seem ready to address particular issues with police unions (ie. make it easier to prosecute police and limit the transfer of armour and weapons from the military to police departments). The most significant of the proposed reforms involve creating non-police alternatives for communities, and identifying funding that can be relocated from the police budget to community safety models. Although the general call for “defunding” risks a backlash, a more diversified approach to policing – with a reallocation of parts of the police budget to arms of local government, such as social services, mental health, education, or housing – makes sense in addressing nonviolent encounters or low level disputes (i.e. social services, mental health and medical calls, wellness checks, traffic, minor traffic infractions, accidentally tripped burglar alarms, neighbour disputes, education, and/or housing).^[64] This inquiry is fundamentally determining what police should actually be doing: there needs to be a critical assessment as to which problems the police are asked to address, and then a determination as to whether they are the actual body best suited to delivering them.  However, data is important, as without it reform will not change the status quo because the “policing debate” will be “dominated by ideology not information”, such that an appropriate path may become politically distorted into simplistic partisan narratives.  
• There is also a recognition that broader change is needed from all levels of government. To address economic and social inequality and institutional injustice requires support for, as opposed to the demonization of, the very people courageously tackling systemic racism and injustice. One reason people do not speak up is the significant risk of doing so. Challenging the status quo threatens people’s status and relationships – most people are aware of these potential costs; as a result, many stay quiet about bias, injustice, and mistreatment.
• Business is waking up to the fact that it has a part, too. The place where people mix most is at work. However, Black and racialized people are under-represented or non-existent on Boards of large companies, agencies and commissions, hospitals, and educational institutions. Just four Fortune 500 firms have black chief executives and only 3% of senior American managers are black. This despite the fact that research suggests that racial diversity is linked to higher profit margins and that the effect is growing. It has also become clear that a vocal share of employees and customers will shun companies that do not deal with racism.

This together points to the importance of clear and consistent policy and messaging and modelling (‘walk the talk’) by leaders across society, and this includes within policing. And “there is no question that businesses can – and should – play a role in addressing the systemic inequities that Black Americans as well as other people of color face when it comes to policing in our” nations “today”. Business leaders can put their weight “behind specific priorities that ensure fair, just and equitable policing”, using their “resources to help build on the momentum that already exists because of the efforts of millions of” citizens “of all ages and all races who are urgently demanding solutions to the crisis and that bring an end to the senseless” police misconduct and “killing”. [65]

Large-scale social change is hard. Protest movements have a habit of antagonising the moderate supporters they need to succeed. Yet Mr. Floyd’s death holds the rich promise of social reform.

– Zanny Minton Beddoes, Editor-In-Chief, The Economist[66]

Mr. Floyd’s death in the U.S. has provoked protests around the world, not only in major cities but also in small towns and places with deeply conservative populations.[67] The “protests” however “are not just as a reaction to this tragic and avoidable event, but they are manifestations of generations of injustice, abuse, deep mistrust,” economic inequality and “unequal opportunity” and racial disparities in our institutions and criminal justice system. Change “is needed, but to be effective it must come at the political, justice, corporate and social level”.[68]

Injustice, systemic racism and Police brutality is prevalent in many countries around the world, and minorities fear discrimination. That is why Mr. Floyd’s fate resonated. As well, the scale of the protests may also have something to do with the divisive leadership of the current U.S. President, Mr. Trump, undermining trust in the nation’s institutions. Mr. Floyd’s death has become the catalyst for a movement that has seized all of the United States and abroad from Brazil to Indonesia and France to Britain, and Australia to Canada (where the Ontario Human Rights Commission reported that “black people more likely to be injured or killed by Toronto Police officers”[69]).[70]

Further eroding public trust in police, just this month the Canadian Broadcasting Corporation reported that the Ontario Provincial Police would not lay charges in the death of a racialized mentally ill person in custody with “more than 50 signs of blunt impact trauma across his body, including injuries to his neck”.[71] Last month a Canadian documentary entitled ‘Above the Law’ – a searing indictment of the Calgary police force – was released to an increasingly concerned public:[72]

“Above the Law … is a devastating indictment of the Calgary Police Service in the areas of racism and unnecessary police violence. It is a must-see, a searing and deeply disturbing chronicle of arrests, beatings and killings that will make some viewers sick to their stomachs. This is one instance in which the on-air warning about disturbing material is warranted. But if you want to be familiar with what happens in this country when police violence goes unchecked, you need to brace yourself and watch.

It is a fact that the Calgary Police Service shoots and kills disproportionately high numbers of people, in some years, more than the Toronto, New York or Chicago police departments. …

What links the … cases, as many lawyers and others suggest in the doc, is a police culture in which cops believe they are immune from investigation or punishment. They are free to do as they wish, as violently as they wish, and there will never be repercussions.

Made by filmmakers Marc Serpa Francoeur and Robinder Uppal, who are originally from Calgary, the film was in postproduction when the COVID-19 pandemic stopped final work on it. Given the explosion of protest and public recrimination that followed the killing of George Floyd, the filmmakers and CBC ensured it was finished with urgency.

It’s not just timely, it’s a propitious reminder of our delusions about who we are and what we allow our police services to get away with. All of the now-familiar, soul-destroying narrative is here, right down to the new chief of police blathering about ‘bad apples’ and barrels of apples.”

Again with the apples. Now comes President Trump, not only blaming ‘bad apples’ for police brutality but asserting that ‘there are not too many of them’. … No surprise there. A procession of senior Trump officials — among them his attorney general, acting homeland security secretary and national security adviser — have dismissed the notion that systemic racism infects police departments or the criminal justice system more broadly.

– ‘If you don’t believe systemic racism is real, explain these statistics’, Washington Post[73]

As noted by UK lawyer and professor Eduardo Reyes, racism remains pervasive in our society and within the police force.[74] And just as women on every continent found common cause in the #MeToo movement, despite the range of their experiences, so citizens and protesters around the world have united around the cry that black lives matter as they confront their own countries’ distinct history of abuse, racial divides and continuing race and class divisions,[75] imagining a better more just future:[76]

“American … [r]acial protests have rocked every major city. … But what some see as chaos, others see as an explosion of patriotism. They see it in the armies of [citizens] that took to the streets to protest racism. They see it in the companies that are taking unprecedented stands against racial and social injustice.

Recent polls suggest that this year’s BLM protests, which drew as many as 26 million people, were the largest movement in US history. … This year’s protests, though, have enlarged the definition of what an American hero looks like. Some of the leaders and participants in Black Lives Matter protests are LGBTQ. The movement is multiracial and multiethnic. … Age made no difference. Many of those demonstrators were young — some even too young to vote. They took rubber bullets to the face and swallowed tear gas. And then they came back the next day. …

[T]hey’re forcing the nation to face its racism. … address … systemic racism.”

What began as a protest against police violence against African-Americans has grown and naturally led to an examination of our justice systems and law enforcement across the Western world, the Rule of Law, economic inequality, and racism in all of its forms.[77]

In this era of social media, Americans have … recorded the single largest outbreak (and archive) of police brutality in US history. Law enforcement officers have been captured beating, gassing, and shooting rubber bullets at terrified US citizens across the country, in a wave of state violence. And the footage has exposed in real time how police have historically used ‘official reports’ of controversial incidents to obscure the truth.

– Australian Broadcasting Corporation[78]

On “policing, it’s not simply a matter of perceptions. Black and White people report significantly different personal experiences with law enforcement”.[79] The Economist recently reported that in the days following the death of Mr. Floyd, “Americans have seen their police forces look and act less like public servants sworn to uphold their fellow citizens than like an invading army”.[80] Instead of de-escalation and peaceful conflict resolution, militarized police[81] have undermined civilian trust, “surged cruisers into crowds, fired rubber bullets a reporters and beat citizens peacefully exercising First Amendment rights”[82]:[83]

“A policeman in Brooklyn yanked off a protester’s mask to pepper-spray him in the face. One day earlier, also in New York, a police officer reportedly called a young protesting woman a ‘stupid fucking bitch’, before hurling her onto the pavement hard enough to leave her concussed, with a seizure. A phalanx of police storming down a residential street in Minneapolis paused to shoot paint canisters at a woman on her own front porch. Police across America have tear-gassed peaceful protesters and, according to the Committee to Protect Journalists, there have been around 250 incidents of reporters being punched, attacked with tear-gas canisters and shot with pepper balls.

Such actions have helped fuel and further legitimise the unrest, in which at least 11 people have been killed, hundreds injured and nearly 10,000 arrested across America. In a widely read article published on June 1st, Barack Obama argued that the protests ‘represent a genuine and legitimate frustration over a decades-long failure to reform police practices’. He is right. But recognising that frustration is much easier than reforming the fiendishly complex institution of American policing. …

Many have cited these disparities as evidence of systemic racism in American policing—and indeed, calls for reform often start with recognising and working to root out such bias. … … [S]ystemic racism does not mean that all officers are racists or bad people; it means that the system operates in a racially biased manner regardless of individual motivations. …

Mr. Trump has encouraged mayors and governors to use their police forces to “dominate” protesters. That may work in the short-term. But Times Square is not Tiananmen Square, and America cannot repress its way out of this problem. Legitimate grievances left unaddressed will fester.”

It is the wrong message. As noted by the executive director of the Police Executive Research Forum just three years ago, “the last thing we need is a green light from the President of the United States for officers to use unnecessary force”.[84] The solution to all social problems is not criminalization or authoritarianism.[85] 

In the wake of Floyd’s killing, with protests in every state in the union and U.S. security forces at every level called to respond, the country is now witnessing what years of militarized conditioning, training, and culture have wrought: a nationwide protest movement running up against a nationwide police riot.

– The Intercept[86]

The “militarization of the police” – particularly over the last decade – has fostered the toxic policing culture that has contributed to the very conditions that have led to the protests, which then create a feedback loop (opening the door to more police misconduct and violence), as they feed a desire among” certain political actors to “see militarized options as the best answer to social ills” (and even for the actual military to step in). When “police treat protestors like insurgents” or “the enemy” – “us vs. them” – instead of fellow citizens, “a simple misunderstanding” or difference of opinion “can rapidly become a seeming attack if every situation is viewed through the lens of war”.[87] For example, newspapers across the U.S. reported – relying on recorded video by protestors and journalists – the police engaging in what looks like excessive force against citizens protesting police brutality (and what some commentators referred to as the police rioting):[88]

• Inexcusable uses of force, caught on camera.
• Police officers attacking people who had their hands up. A police officer tore a protective mask off of a young black man and assaulted him with pepper spray while he peacefully stood with his hands up.
• Police officers hitting people who were walking away from them.
• Police officers grabbing people from behind.
• Police officers repeatedly pummelling people who were already on the ground.
• Police officers responding to words with punches, striking batons, and pepper spray. Pepper-spraying protestors for speaking.
• Police officers shoving a lone 75-year-old-man to the ground, hitting his head on the concrete. Officers marched past him as he lay motionless and bleeding from his ears. A police statement initially reported the man “was injured when he tripped & fell”.
• Police officers charging into peaceful crowds and pushing people to the ground.
• Police officers appearing to lash out at random pushing and shoving people. Police officers marching down a quiet residential street shot paint canisters at residents watching from their private porch.
• Police officers going after people already in custody, throwing them to the ground.
• Police officers going after people they did not appear interested in arresting. An officer grabbed a person from behind and threw them into a parked car where they appear to hit their head. Another officer stepped over the person’s immobile body.
• Police officers in two separate vehicles rammed a crowd in a street. Separately, a police officer in a moving police vehicle slammed a person with a car door and drove away.
• Police officers firing ‘less-than-lethal’ munitions into crowds, with one police officer shooting a peaceful protestor in the face with ‘less lethal munitions’ critically injuring him.
• Police officers indiscriminately firing of rubber bullets and tear gas into crowds, and conducting arrests without semblance of probable cause.
• In Washington, peaceful protestors were tear-gassed, shot with rubber bullets, and beaten outside the White House to clear space for a photo-op for the President of the United States. On twitter the U.S. President wrote: “Great job done by all. Overwhelming force. Domination”.[89] A National Guard officer informed Congress that the peaceful protestors were subjected to an “unprovoked escalation and excessive force” in Lafayette Square.[90]
• Jarring reports of masked, unidentified, militarized federal law enforcement officers in ‘military fatigues’ and unmarked vehicles – without identification badges – grabbing peaceful protestors off the streets of Portland, Oregon, terrorizing citizens walking home, escalating tensions and violence (routinely using flash-bang grenades, pepper spray, ‘impact weapons’, and tear gas),  injuring citizens, and violating legal and civil rights. The Mayor – gassed along with demonstrators by the federal agents – stated that he “saw nothing which provoked this response”.  The conduct of federal officers has been referred to by a U.S. Senator as “paramilitary assaults” by an “occupying army”, and by a retired four-star general as seemingly “lawless, armed, senseless action”. The current US administration’s ‘law and order’ is beginning to look like authoritarianism and martial law,[91] undermining the reputation of federal law enforcement and the public trust,[92] and fueling civil unrest and more protests in response.[93]
• A peaceful 53-year-old Navy veteran “was pummeled with a baton by a member of the federal squads dispatched” by “the Trump administration” – breaking bones – and then “blasted directly in the face with pepper spray”. Medics are targeted. The ‘Wall of Moms” (a group of moms linking arm), ‘Wall of Dads” and ‘Wall of Veterans” – to stand as a human barricade to protect protestors in support of racial justice – were gassed. These are normal people who think what is happening is wrong.[94]
• Across the nation protestors have described and documented broken and fractured bones, fractured skulls, lost eyes and concussions.[95]
• Wanton acts of violence were committed. Rights were callously violated. The rule of law appeared to be abandoned.
• The American Civil Liberties Union (ACLU) filed a lawsuit seeking to block law enforcement from unconstitutional targeting of journalists and legal observers at the protests, and attacking protestors demonstrating against police brutality. Deliberate targeting of journalists by police have taken place across the U.S., including Canada and Europe.[96]

As a professor said to me in law school three decades ago, if the only tool you have in your toolbelt is a “hammer”, then every problem can only be seen as a “nail”, pouring gasoline on the fire. Law enforcement “institutions should never grow so politically powerful that they become immune from the law, particularly when they are” authorized “with enforcing the law through force”.[97]

I have watched this week’s unfolding events, angry and appalled. The words ‘Equal Justice Under Law’ are carved in the pediment of the United States Supreme Court. This is precisely what protesters are rightly demanding. It is a wholesome and unifying demand – one that all of us should be able to get behind. We must not be distracted by a small number of lawbreakers. The protests are defined by tens of thousands of people of conscience who are insisting that we live up to our values – our values as people and our values as a nation.

– General Jim Mattis, President Trump’s former Secretary of Defense[98]

With respect to the Courts – despite a fundamental requirement for an independent judiciary that is impartial, fair and accessible – the manifestations of racial injustice in the criminal justice system also includes discriminatory bail, racial disparity in trial and sentencing outcomes, and mass incarceration. They have been well documented in study after study over the last 30 years:[99]

“[S]ystemic racism is present in all social systems, one can reasonably argue that some of the most harmful and lasting effects of racial injustice are caused by the criminal justice system [applied by largely White middle-class judges]. The collateral effects of over-incarceration and constant surveillance (e.g., racial profiling) on racialized communities are enormous and now well documented. They include physical and severe psychological harm (in some cases death), isolation, alienation and mistrust, behaviour changes, breakdown of or damage to family and social networks, and labour market exclusion. …

In a number of cases, trial judges have been or appeared hostile … the composition of the judiciary and inherent conservatism of judicial review are some of the biggest hurdles …. There is no question that increasing the diversity of the bench is one of the most pressing issues facing the justice system and that it will have a big impact on increasing the cultural competence of the judiciary.”

Democracy, the rule of law, and our institutions are stable and functional – until they are not.[100] On the surface, things may look generally healthy, but society must act with care – democratic values and the rule of law is not as resistant to change as many believe,[101] leaving “many of us struggling to understand” how it is being hollowed out from within at home and abroad.[102] There is a vast difference between a society whose arrangements – in particular its government and justice system – roughly serve all its citizens, and one whose institutions have been eroded from their democratic moorings, weakened “little by little”[103] over time into one that respects the rule of law in name only:[104]

“Order in social systems (like society, organizations, institutions, corporations, political administrations and public services) has many benefits: reduction of uncertainty, predictability, ease of exchange, control and coordination, the ability to plan ahead. Order also has disadvantages: it means that an unfair or inefficient system will be maintained, that inequalities will be reproduced, that harmful routines or patterns are entrenched, and it can close down alternative, better ways of organizing.”

Louisiana Supreme Court upholds Black man’s life sentence for stealing hedge clippers more than 20 years ago.

– CNN[105]

Across Western society there is a growing concern that the rule of law and our democratic values are declining, slowly giving way to a world in which populist and authoritarian leaning political and government leaders – tapping into social and economic insecurities, political and racial polarization, and popular resentments – pursue their narrow interests without meaningful constraints,[106] weaponizing racism (discrimination) and government institutions to apparently influence the distribution of political power.[107]

A ‘Law and Order’ response from these type of government leaders – also known as ‘tough on crime’ or ‘War on Crime’ – as a political strategy of preventing social unrest, managing poverty and maintaining the status quo through policing is one that erodes the rule of law, tears at the social fabric of our society, and inflames the underlying social tension and injustice by its inherent refusal to address the systemic causes.[108] State-sanctioned violence must be reconsidered as a “default response to social problems”.[109]  Not only does this type of response – and refusal to listen and address valid societal grievances at the heart of protests – not work in the long-term, it promotes future unrest in response to the injustice, marginalization, discrimination, and the breakdown in the rule of law: “When those in society who want to defend their rights and freedoms cannot do so through” democratic means or “the justice system, because that system is weak or inaccessible, the seeds of conflict are sown”.[110]

Government response in this manner increases political polarization, disrupts social cohesion, and undermines trust in our institutions and support for democracy and its values.[111]

[President] Trump gave police permission to be brutal. [He] didn’t cause America’s policing crisis, but he deliberately made it worse.

– Adam Serwer, The Atlantic[112]

And ‘law and order’, for the current US president, appears to “simply mean that he and his ideological allies are above the law, while others, such as [Mr.] Floyd, are merely subject to it. The chaos sweeping across the United States has many causes, but the one over which the” the current president “has the most control is the culture of lawlessness and impunity he has cultivated and embraced. When you attempt to impose ‘law and order’ without justice, you get chaos”.[113] The “perception that justice depends on one’s political”, economic or other social influence or “standing will be hard to roll back”[114]:[115]

“The rule of law is a fragile societal construct – it was made and protected by the best of us (through civil discussion and debate, through the ballot box, through an engaged legal profession and independent and impartial judiciary, and yes, even a world war) and can be destroyed by the worst of us. Economic and social inequality, catastrophic partisan leadership, polarization, and lack of social solidarity and institutional trust (the sense we are all in this together) is going to unfortunately cost nations with these afflictions dearly.

As citizens and members of the legal profession, we either act to safeguard and preserve the rule of law and our democratic values, or it will be lost. That is the choice.

Principled leadership is required at this time of polarization and fear, when institutional trust, social stability and fundamental democratic values and the rule of law are being undermined across the world. Public officials, lawyers, and citizens have fundamentally important roles to play in maintaining and protecting judicial independence and the rule of law, speaking up when officials – including Presidents, Prime Ministers, Premiers, and their Attorney Generals (who are supposed to be the guardians of the public interest and rule of law) – ‘violate constitutional norms’, undermine judicial independence, and subvert public policy and the rule of law.” 

Through his pardons, both military and civilian, he’s sending a clear message: If you’re on his side, as former Navy Secretary Spencer put it, ‘You can get away with things’. … He has done his utmost to make the administration of justice an instrument to reward his friends and harass his adversaries.

– Los Angeles Times, [President] ‘Trump’s War on the Rule of Law’[116]

While it would be unwise to simply reduce the answer to just this snapshot, from a big picture perspective, the answer certainly includes the fact that our 20th-century political, social, and economic structures are drowning in a 21st-century ocean of partisan “zero-sum” ideology (that is disconnected from the wider society)^[117] and widening economic and social inequality and cultural division. These are profound changes that are impacting and transforming society in post-industrial economies.^[118] There is growing anxiety and uncertainty about the future, and many see not only less economic and social opportunity for themselves, but also for their children going forward.^[119] This represents real costs to real people.^[120]

A positive is that in the U.S. 63% of its citizens support the Black Lives Matter movement, and a record 69% say Black people and other minorities are denied equal treatment in the criminal justice system.[121]  In Canada, an identical 63% of citizens support Black Lives Matter, with 60% of Canadian viewing racism as a serious problem.[122]

[Air Force Chief of Staff Gen. Dave] Goldfein: ‘Every American should be outraged’ at police conduct in death of George Floyd. … ‘a national tragedy’.

– Air Force Times[123]

The Police

The Purpose of Policing

The purpose of policing is to promote public safety and uphold the rule of law so that individuals and communities can thrive. Sir Robert Peel outlined the basic principles of policing that have stood for almost two centuries as the foundation for “policing by consent” and policing as a public servant (serving the community), as opposed to an emerging authoritarian based security-based policing model. Those principles recognise that policing and good order depends on the public approval of police actions and the willing cooperation of the public, and that both of those are diminished when police are too quick to resort to force and shows of force.[124]

As noted by modern policing scholars, officer misconduct can undermine police culture and public trust, particularly where the behaviour is a reflection of systemic racism and broader organizational deficiencies within the law enforcement agencies, which in many cases includes powerful police unions and associations.[125]

So how is this taking place? How are some police departments in North America – and across Western society – operating with a culture of impunity to complaints of injustice, systemic racism, excessive force, profiling, and other forms of discrimination? Are they fuelled by indifference or a sub-culture of silence by their unions and/or administration?[126]

More than 85% of police contracts in major cities around the country include language limiting oversight or discipline of officers. [Two thirds of police union contracts forced police departments to go through an appeals process when they wanted to fire or discipline officers, placing the final decisions in the hands of arbitrators ‘selected, in part, by the local police union or the aggrieved officer’]. … [A] national rethinking of the role of police unions could have a significant impact in holding more cops accountable.

– ‘Police unions have helped shield officers from accountability’[127]

Research finds that when the police have legitimacy with the public, the law has legitimacy, which encourages compliance and cooperation[128] and social stability.  Police and the justice system are undermined if they are not impartial public servants responsive to, or representative of, the communities to which they serve.[129] This forms the basis for an imaginative reframing of policing as an institution that enhances the public good in society.[130] 

Call for Change

The unrelenting protests across Western society, the supportive statements from many leaders nationally and globally, and the early momentum behind policing policy changes are all indications that this might be a turning point in the US and Western society’s battle against injustice and racism. Will nations and our institutions seize this opportunity or will the momentum be lost yet again[131] in the face of toxic organizational cultures and political polarization:[132]

“One reason people don’t speak up is the significant risk of doing so. Challenging the status quo threatens people’s status and relationships. … When we do speak up when others are being treated unfairly or hurt, we not only demonstrate courage, we also influence others to follow suit. Bravery — whether we’re calling out harassment, unfair processes, gender or racial bias, or discrimination — can motivate observers to overcome their fear of repercussions. …

We’re especially likely to follow others’ actions when there is ambiguity about the appropriate way to behave. Other people’s behavior can clarify the social norms of a given situation, which can lead us to act in a similar way. …

[S]ilence is pervasive … due to the widely shared belief that speaking up about sensitive issues is futile or even dangerous.” 

In recent days, activists and politicians have called for changes in how our police departments are funded and managed and what tasks are actually required of society’s police (reallocating police budgets to include partnerships with non-police community safety models), but just as essential is throwing out the book on outdated police training and replacing it with a robust system of modern education. That is the first step in changing the job into a full-fledged profession that provides police officers with professional, intellectual and ethical grounding, and the appropriate police culture, they need to serve society and build strong relationships with the community.[133]

Racism, and in particular anti-black racism, is a part of our community’s psyche. A significant segment of our community holds overtly racist views. A much larger segment subconsciously operates on the basis of negative racial stereotypes. Furthermore, our institutions, including the criminal justice system, reflect and perpetuate those negative stereotypes. These elements combine to infect our society as a whole with the evil of racism.

– Ontario Court of Appeal[134]

Police Culture – An ethical organizational culture is an imperative today

A strong ethical organizational culture is an imperative today. And leadership is a critical element of an appropriate culture – in defining, communicating, and embedding appropriate attitudes, values, and standards of behaviour. The success (or failure) of an overall culture of integrity begins with the leaders – the Police Chief and leadership team, and yes the police union leadership team – and the tone they set at the top. A leader’s character and behaviour shapes the culture of his or her organization and also of public opinion about the organization. And research confirms that integrity is the most important character strength for the performance and effectiveness of top-level leaders.^[135]

Just as conduct within a firm is heavily influenced by what is seen to be rewarded, failure to penalize individuals involved, as well as managers in charge, for ethically or legally questionable behaviours supports its perpetuation and can foster a culture of impunity.

– Deloitte, Managing Conduct Risk^[136]

To address the cause of police misconduct, one has to understand the cause. What drives this problem? Understanding and addressing the drivers of misconduct that may be applicable to a particular organization is essential in improving standards of behaviour and organizational performance, and meeting legal, regulatory, and societal expectations.

There are a number of drivers and root causes that may lead to ethical misconduct and poor behaviour and practices within a police organization, and these themes cuts across businesses, industries, and sectors. However, an organization’s “culture” – a problematic prevailing culture or competing disparate subculture – is widely accepted as a key root cause of the major misconduct failings that have occurred in recent history, causing harm to both the organization and society.

Leadership and culture are the biggest determinants of how employees behave. Like any organization, a police organization’s culture is learned behaviour – a by-product of the decisions it makes or fails to make. Ethical awareness is affected by both norms and consequences: people respond to cues from colleagues, peers, and – in particular – it’s leaders (i.e. observing unethical behaviour promotes similar conduct). The ‘normalization of deviance’ – through ethical fading (aided by euphemisms such as “aggressive” police practices), ethical rationalization, and ethical numbing (repeated exposure to ethical misconduct) – is often so gradual that it is imperceptible. People cross the line through a series of decisions without the benefit of thorough deliberation. Small incremental acts of misconduct enable people to engage in behavior contrary to their own values. That is how deviant and toxic cultures take root,[137] and this includes policing.

Key elements of an effective police accountability system include … a working culture that promotes transparency and evaluation.

– United Nations[138]

What may be perceived as “small” ethical transgressions are particularly contagious, and “a key corollary of contagion is normalization”.[139] If the work culture is that “everybody does it” (and gets away with it / rewarded for it), they may determine that need to follow suit. As well, a coercive “fear based” culture that enforces compliance and conformity (the “thin blue line” for example) undermines openness and collaboration, creating an environment – the organizational culture – where employees are not comfortable coming forward with legal, compliance, and ethical questions and concerns. From the leadership team to the front line, employees will fear retaliation and be “afraid to tell the truth”.[140]

Professor Roger Steare “corroborates the importance of context, noting that good people do bad things when driven by fear and pressure (both positive and negative) to conform”.[141] The research strongly suggests that a majority of ‘good’ people will do ‘bad’ things if their group or community has a coercive culture that enforces compliance and conformity.[142]

Some studies have suggested that people can generally be placed in one of three categories. Totally honest, incorruptible people constitute about 10 % of the population, and totally dishonest people who will cheat in a wide variety of situations account for about 5 %, with 85% basically honest acting within recognized norms and expectations (culture; tone from the top; leadership).[143] Research suggests that “one bad employee can corrupt a whole team”,[144] and the impact when that ‘bad employee’ is a senior leader (whether on the police leadership team, or union leadership team) is amplified:[145]

“[R]esearch on the contagiousness of employee fraud tells us that even your most honest employees become more likely to commit misconduct if they work alongside a dishonest individual. And while it would be nice to think that the honest employees would prompt the dishonest employees to better choices, that’s rarely the case.

Among co-workers, it appears easier to learn bad behavior than good.

For managers, it is important to realize that the costs of a problematic employee go beyond the direct effects of that employee’s actions – bad behaviors of one employee spill over into the behaviors of other employees through peer effects. By under-appreciating these spillover effects, a few malignant employees can infect an otherwise healthy corporate culture.”

Few among us have never fallen to the temptation to tell a lie or commit an act of cheating, but when such behavior happens repeatedly, on a large scale and in large organizations, it speaks to a condition that has become contagious. Stephen Covey, the business leader … wrote, ‘The more people rationalize cheating, the more it becomes a culture of dishonesty. And that can become a vicious, downward cycle. Because suddenly, if everyone else is cheating, you feel a need to cheat, too’.

– Editorial[146]

When senior police leadership and/or union leadership are not consistently held accountable for police malfeasance – or their failure to reasonably exercise their leadership responsibility to prevent misconduct – it perpetuates the perverse incentives.  This reality is most dramatically demonstrated when, as has often been the case, even significant criminal or civil court actions and judgements do not result in a change in administration or union leadership.

Ultimately, neither external government regulation nor internal police department compliance programs will be effective unless police executive and union leadership foster a shared culture around ethical conduct that encourages police employees to comply with the law and wider social expectations. Ethical leadership and organizational culture are the two biggest determinants of how police officers – like all other employees – behave, and must be the core element of applicable regulations and any compliance program.

How do we know that legislation and regulation and internal compliance programs should not be the sole or complete answer to address police misconduct? Because police officers are continuously caught intentionally violating clear laws, as well as their own established internal compliance and ethics programs. If the leadership and culture of the police organization does not support principled performance, then all of the laws and regulations – and all of the internal written policies and procedures, people, processes, and technologies – that are put in place to mitigate ethics and compliance (misconduct) risks will not be effective.

The concerns we continue to see in respect to police misconduct may in fact be due to many police department leadership teams viewing compliance as a strict governance model and legal exercise (i.e. a “governance, risk and compliance” mindset), whereas it is really much more about behavioral science (i.e. a “governance, culture and leadership” mindset). While police organizations must protect themselves and the public by making sure that their controls and compliance programs[147] are truly world-class, this can only be part of the solution. 

The comprehensive answer is for police organizations to design and implement appropriate enterprise-wide programs^[148] to develop sustainable cultures of integrity that empower police personnel at all levels of the organization to make the right decisions in light of whether it is right, legal, and fair. This will require an organization-wide commitment to a police culture of a common purpose and a shared set of values and behaviours.

The most effective and long-lasting way to prevent a normalization of deviance from permeating your company … is simply to … recognize that combatting the normalization of deviance requires continuous effort. It’s not a task you can check off and then ignore.

– ‘Resolving the Normalization of Deviance by building a Culture of Communication’[149]

Police Unions: Disparate Subcultures and Obstacles to Reform?

Why is this important? Because a toxic police subculture can “contribute to, facilitate and justify a number of negative police behaviours”.[150] The Harvard Business Review and police scholars have noted that “the organizational culture of policing is the most important determinant of police behaviour”.[151] Studies “of the excessive use of force, corruption, and racism have implicated police culture in both rationalizing these activities but also providing protection from its discovery and elimination. Police culture can validate or rationalize deviant activities so that police officers can engage in them without violating cultural codes that normalize bad behaviour and, more importantly, cover them up. The demand for loyalty and solidarity with other police officers serves as a master value that insulates and protects police deviance and makes it difficult to govern officers’ behaviour from within but especially from outside the organization”[152]:[153]

“Police unions, more than other kinds of public sector unions, are often viewed as obstacles to reform, and there is a certain sense of adversary-ness between the officers on the street and high level officials and between the public and police. Police unions play a role in reinforcing the norms of the police subculture, which may include a sense of embattled warrior and a unity that prohibits testifying against officers accused of misconduct. This code of silence includes efforts to prevent investigations and to provide organized public group solidarity supporting officers accused of misconduct. Police unions have quite strongly opposed efforts at [civilian] oversight. Unions also fight to keep all information related to discipline of officers secret. …

[P]olice unions seem, at times, to magnify racial tensions. … rhetoric surrounding communities of color, labelling young Black men as “thugs,” accusing peaceful protesters or Black Lives Matter activists as wanting police to be killed, only heighten the salience of race. African-American officers have their own professional associations even though technically they are also represented by the same union as white officers, and those professional organizations sometimes speak out against positions taken by white-dominated police unions.”

Pushing back against this police subculture is difficult. A U.S. newspaper noted that “in 2006, a black police officer in Buffalo named Cariol Horne physically intervened when a fellow officer, who was white, was choking a handcuffed black man. There was no video of the incident, and other officers did not corroborate her account. [Ms.] Horne, who is black, was fired, just short of 20 years of service that would have allowed her to draw a pension. The white officer was eventually terminated for a pattern of abusive behavior, and an FBI investigator criticized the Buffalo Police Department for having a culture that permitted misconduct and excessive force”.[154]

[T]he [police] department introduced new rules requiring officers to protect the ‘sanctity of life’ and intervene if they saw a colleague improperly using force, but that the union … undermined the changes by protecting officers who violated the policies. … ‘I struggle to know if they have gotten more extreme, or if the world has changed and they haven’t’.

– ‘How Police Unions Became Such Powerful Opponents to Reform Efforts’, New York Times[155]

How does this happen when police are public servants granted enormous power over the citizenry and tasked with protecting the public and serving their interests? Because police unions see their task and duty to be that of with protecting police and serving their interests—even in direct contravention of serving the public. That distinction has been reflected in police unions – part of the ‘big picture’ organizational structure – resistant to change and opposing leadership reforms aimed at improving public safety and oversight of how law enforcement behaves,[156] undermining police leadership and organizational culture, and ensuring officers are rarely subject to appropriate discipline or termination:[157]

“The purpose of police unions … is to win members better salaries and benefits and to protect their job security — specifically by pushing for safeguards against investigation, discipline and dismissal. These protections can make it difficult for police chiefs to manage their forces effectively and can allow a few bad officers to act with impunity, poisoning an entire organizational culture in the process. …

Beyond erecting structural obstacles to reform, unions also informally perpetuate some of the most problematic aspects of police culture. Labor leaders have considerable influence over rank-and-file officers, and they don’t always use that influence constructively. As a case in point, the leader of the Minneapolis Police Officers Federation, Bob Kroll, has called the protests convulsing the city a ‘terrorist movement’; told officers that ‘the politicians are to blame’ for the rioting and the police ‘are the scapegoats’; and described Floyd as a ‘violent criminal’. He has also fostered political division in the largely Democratic city; at one point, the union sold ‘Cops for Trump’ T-shirts to raise money for charity.

As tragic as Floyd’s death is, it might finally prompt union leaders to reconsider some of these practices — and to put the mission of the police above job security for officers. In the past several days, many police unions have broken with their usual wagon-circling and openly denounced the actions of the Minneapolis officers involved in Floyd’s death.

Perhaps these labor leaders — and the elected officials on the other side of the bargaining table — will recognize that the rage we see in burning cities indicates a spectacular breakdown in trust between communities and the police. That trust cannot be rebuilt unless police unions are reined in and departments have the freedom to reform.”

We’re looking for the guardians not the warriors. That core of people that want to have a positive influence in the communities that they serve and we look for that in how we hire now.

– Toronto Police Chief Mark Saunders[158]

Unfortunately, reports suggest that “many police unions” continue to “run counter to the best practices of professional law enforcement standards” (more concerned with sustaining the union than promoting public safety), hampering reform efforts, contributing to a toxic culture of officer misconduct, and limiting oversight of police departments:[159]

“This is what police unions do: defend the narrow interests of police at the expense of public safety. They exist to demand that taxpayers pay for dangerous, and even deadly, negligence. And although they are not the only pathology that affects American policing, they are a key internal influence on police culture, a locus of resistance to improvements designed to reduce police violence. To stop bad cops and police abuse, we must tackle police unions. 

In case after case, police unions have defended deadly misdeeds committed by law enforcement. … [T]he research finds about what you’d expect given a public sector workforce with unions set up to protect police officer compensation while limiting discipline and oversight. Police get paid more, yet the public is no safer—and it’s even at greater risk of violence by police.”

As noted by the Economist, “a forthcoming paper from Rob Gillezeau, an economist at the University of Victoria, British Columbia, who studies police practices, found that the spread of police collective-bargaining in America between the 1950s and 1980s led to what he calls ‘a meaningful increase in civilians killed by law enforcement, mostly among the non-white population’. He argues that, ‘it looks like the collective-bargaining process is being used to protect the ability of officers to discriminate’.”

To the degree that police unions resist policy, training, and oversight and discipline reforms that can result in improved public safety outcomes, better police-community relations, and safer communities for both the public and police, their outsized influence is counterproductive. To the extent that “police unions and their political allies have worked hard to put special protections in place” with respect to the issue of officer misconduct,[160] a key aspect of reform would be to ensure the police administration have actual leadership, oversight, and discipline over the organization[161]:[162]

“That dysfunction has in large part been enabled by police unions. “I can’t recall the last police department where I went in and someone said, ‘The union isn’t an obstacle in making meaningful reform.’ It’s always an obstacle,” says Phillip Atiba Goff, the CEO of the Center for Policing Equity, a police reform research organization. …

Stephen Rushin, the Loyola Chicago law professor, has gone to great lengths to correlate stronger police union contracts with upticks in officer misconduct. Through an examination of 834 contracts across two studies, [Prof.] Rushin highlighted how unions have orchestrated a system of non-accountability spanning the nation. He determined that contracts stymie oversight … .

Given the seeming impunity afforded to police via their contracts, it’s easy to understand how the recent Black Lives Matter protests quickly turned so violent. Though many officers acted with restraint while sporadic looting and violence gripped American cities, the internet was soon consumed by a bloody highlight reel of police brutality. In Austin, Texas, police struck a pregnant woman with a beanbag projectile.  In Buffalo, New York, 75-year-old activist Martin Gugino was shoved to the pavement by members of a riot squad, smashing his head open on the sidewalk. (Two officers were eventually charged with felony assault in the incident, though all 57 officers on the BPD Emergency Response Unit quit their positions in that unit protest). Journalists covering the unrest were sometimes deliberately targeted by police forces, in over 470 incidents of aggressions counted against reporters by the U.S. Press Freedom Tracker.

Many cops may not have feared consequences from brutalizing protestors simply because it’s so difficult to fire unionized police officers. This is because fired cops often earn reduced punishments through various layers of appeal. Often, they’re granted reduced punishments after a closed-door hearing with an arbitrator. ‘That arbitrator is usually selected with at least some significant input from the police union or from the officer who’s filing the grievance’, says [Prof.] Rushin. Arbitrators are usually ‘repeat players’ who seek good working relationships with police unions due to monetary incentives. They aren’t afraid of brokering compromise between unions and department leadership to get more work down the line.

‘Compromise is OK in other ways’, [Prof.] Rushin says, ‘but it’s not always an acceptable outcome when it means putting a dangerous person back on the street with a badge or a gun’.

While contracts and arbitration have made it more difficult to punish dangerous or otherwise unfit officers, police unions have embedded their machinery deeply within the political system in other ways … to influence the political system. … Their lobbying efforts are robust.”

It takes a lot to get to the top of an organization: a high IQ, emotional intelligence, technical competence, and a variety of personal characteristics, such as fortitude and resilience. Even with those qualities, many leaders fail at the top job — often because they don’t know how to get the organization to do what they want.

– Good Leadership Hinges on ‘Organizational Intelligence’, Harvard Business Review[163]

Nevertheless, with appropriate reform a healthy organizational police culture can be developed for any organization with strong ethical leadership and organizational structure. Even when broken, there are solutions to restoring the organizational culture and public trust. Leadership’s ability to inspire others to work towards positive and ethical change is critical to the success of an organization.  People want to believe in the ability of their leaders to guide change and achieve success.  For a police organization to have integrity, it must be an ethical environment with employees and partners (read police unions[164] and veteran officers) positioned to respect and support the organizational culture, and appropriate policies and procedures.[165]

To the extent that police unions have the power to shape the culture of the department, “imagine how effective they could be if harnessed” in the interests of “reform”, public safety and professional law enforcement standards.[166] One way to strengthen leadership and improve police culture would be to limit unions and “collective bargaining rights to salaries, benefits and working conditions not involving the allocation of resources or personnel and disciplinary policies and practices. The governance of police departments is the responsibility of police chiefs and their leadership teams, subject to” civilian oversight and “laws enacted by legislative bodies with jurisdiction over the departments. Consulting with rank-and-file officers is” important for a healthy organization, but “sharing governance of police departments” is quite another matter.[167]

Black Montreal police officers call on their union to stop denying systemic racism.

– CBC News[168]

Support for Reform

Police misconduct indeed defies an easy solution. However, there are clearly issues in policing that must be addressed and there is societal support for reform: “And a whole lot of police, defying their unions, also support those reforms”,[169] aware that law enforcement must clearly take steps to regain the public’s trust.[170]

Confidence in Police is at a record low, Gallup survey finds.

– New York Times[171]

And frankly, better government regulation and oversight should be part of the answer to deal with toxic organizational cultures and police officers who dangerously go their own way – there should also be accountability of senior police leadership and union leadership in addition to just the relevant police officer(s) involved in the particular issue of misconduct. In this respect, policymakers and oversight bodies need to focus more on police culture and leadership because organizational culture provides the principal checks on police conduct, and principled leadership sets the parameters of what is acceptable and unacceptable: “behaviour within an organization is ultimately guided by the explicit and implicit messages that leaders communicate, through what they say and what they do”.[172]

Although greater personal liability has a role to play, it is not the key fix because it is a symptom of a toxic organizational culture that – if not addressed – fosters unethical misconduct.

The culture of an organization is the expression of its values in action; it is in some sense the company’s ‘soul’. Whether it be damned or not is up to those who shape it—leaders and everyone who follows.

–  Wayne Brody and Mark Rowe, ‘Corporate Culture and Compliance in the 21st Century’[173]

From my perspective, I am of the view that an ethical and compliant police culture is one of the most important tasks of senior police leadership and police oversight bodies. Government bodies and policymakers must understand the importance of ‘culture’ and – in addition to ensuring police organizations have the appropriate controls in place – the importance of a sustainable culture of integrity that empowers police personnel at all levels to make the right decisions in light of whether it is right, legal and fair. The “echo from the bottom” must match the “tone from the top”: the lessons learned related to police misconduct and organizational crises that trace back for decades make one thing clear – the critical importance of a strong aligned culture and leadership.[174]

I have set out our recommendations to address community concerns about police misconduct, excessive force, and unfair, discriminatory and unequal policing below, in the section of this article entitled “Recommendations”. However, for reforms to stick and police culture to evolve, police departments will need to understand and address the underlying issues that stand in the way of change management, learning and education, diverse ethical leadership, and a healthy police culture.[175] 

Key elements of an effective police accountability system include … a working culture that promotes transparency and evaluation.

– United Nations[176]

As an aside, education is different from training. Generally, training means teaching police officers to react to a given situation in the field. Education involves developing the mental and ethical tools police officers should possess to build strong relationships with the community. It will teach police officers to think about their response to various problems based on vast amounts of knowledge and then take thoughtful action to resolve a problem.[177]

Diverse leadership and agile ways of thinking means police organizations will also need to create a point of entry for executive-level positions within police departments. This is not a novel model. The military has had such points of entry into its service for years, as do numerous executive training programs within the private sector whereby qualified applicants are not required to start from the bottom – allowing for selection of leaders from a broader pool of candidates and attracting the brightest and best problem solvers our society has to offer.[178] Communities benefit in many ways, including improved trust, when there is both racial and gender diversity in top leadership levels. A diverse, ethical and agile leadership has “a powerful effect on changing a police department’s culture and subsequent behaviour of its rank-and-file”, veterans and unions: ‘leadership matters’.[179]

Toronto Mayor John Tory calling for police reform in bid to ‘stamp out systemic racism’.

– CBC News[180]

The Courts

An effective system of justice is one staffed by independent impartial judges – drawn from representative groups in society – who uphold the rule of law and values of society, ensuring everyone is treated fairly and equally before the law. It operates with integrity in a manner worthy of people’s trust, and is seen to be legitimate in the eyes of members of society.[181] 

[T]he Supreme Court has noted, ‘the legitimacy of the Judicial Branch ultimately depends on its reputation for impartiality and nonpartisanship’.  Justice Anthony Kennedy put it this way: ‘The law commands allegiance only if it commands respect. It commands respect only if the public thinks the judges are neutral’.

– ABA Journal[182]

The focus of this article is on the need to address policing to better hold accountable police departments and officers who discriminate or use excessive force. However, we also need to discuss the courts and the need for an independent, impartial and fair judiciary.

Racial discrimination in the administration of justice is a global problem which subverts the rule of law, undermines faith in the legal system, and results in victimization of racial and ethnic groups by the very institutions responsible for their protection.[183]

In the UK and Canada, it is often claimed to possess the finest justice systems in the world, with a ‘colour blind’ approach to the law. However, according to legal statistics, leading academics and a number of lawyers and judges, “unfortunately, this isn’t true: justice is neither colour blind, nor is it equal”.[184]

In the U.S. a number of judges are stepping forward to state that systemic – if not overt – racism is a part of the judicial system. The Chief Justice in North Carolina was recently quoted by the Wall Street Journal stating that “in our courts, African-Americans are more harshly treated, more severely punished and more likely to be presumed guilty”.[185]

The U.S. has the highest prison population in the world, and the lowest conviction rate of white collar criminals.

– Richard Bowen[186]

And discrimination – explicit and implicit – continues to threaten equality within the judicial system.[187] Discrimination exists at all levels of the criminal justice system, from racial profiling in the investigation of crimes, to disproportionate levels of police mistreatment during apprehension and/or custody, to pretrial detention, to jury selection, to the imposition of harsher sentences on members of certain racial/ethnic groups, to mass incarceration, to parole and pardons[188] – with some studies indicating conservative judges have a greater racial bias.[189] In this respect, the US has nearly 25% of the world’s incarcerated population (swelling sevenfold since the 1970s to about 2.3 million, disproportionately impacting Black Americans), but less than 5% of the world’s citizens.[190]  And in a mutually reinforcing cycle, the overrepresentation of minorities as defendants in the criminal justice system undergirds prejudicial attitudes that – left unchecked – perpetuate further discrimination[191] and normalizes injustice[192]:[193]

“[A] panel of judges, attorneys, and law professors found that ‘there are two justice systems at work in the courts [in this case New York State]; one for whites, and a very different one for minorities and the poor’. The panel found inequality, disparate treatment, and injustice based on race.”

Although an issue across the Western world, the “U.S. is a world leader in its rate of incarceration, dwarfing the rate of nearly every other nations: “African Americans are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, and they are more likely to experience lengthy prison sentences”.[194] These disturbing statistics were most recently exemplified by the Louisiana Supreme Court upholding on appeal a “Black man’s life sentence for stealing hedge clippers more than 20 years ago” – the decision upheld by five white male justices (the lone dissent that of the only female Black justice on the court).[195]

[B]eing Black in America means you have to navigate systemic racism wherever you are — and this exacts a toll, including on health. Chief Judge Roger Gregory of the Fourth Circuit Court of Appeals described this racism …. We live in a society, he said ‘where some are considered dangerous even when they are in their living rooms eating ice cream, asleep in their beds, playing in the park, standing in the pulpit of their church, birdwatching, exercising in public, or walking home from a trip to the store’.

– Chief Judge Roger Gregory, Fourth Circuit Court of Appeals[196]

The subtle scent of racism is seldom expressed openly, and it is encouraging that there appears to be a growing acknowledgement that racism can be complex, subtle or even unconscious. Today, the use of racial profiling in police interventions and the demographics of many Western countries’ prisons are increasingly understood as a result of that ‘subtle scent’ of racism. The law and our courts are “a human tool that is subject to human flaws, human bias” – and the application of the laws in countries across Western society often “reflect the environment in which the laws operate”. In such an environment:[197]

“Representation matters.

Culture change will only happen when everyone is represented within the legal system — when the people working at every level in the system truly reflect the people they serve, especially at the top level.

Former [Canadian] Chief Justice Beverly McLachlin once said that Canadians should be able to see themselves reflected in the judges who are on the bench. She said it is important to have as diverse a bench as possible so we can have different perspectives represented. …

Our country’s legal decisions can only be as robust and informed as the perspectives and lived-experience informing them.”

[Canada’s] Supreme Court Chief Justice would welcome more diversity in the courts.

– Globe and Mail[198]

Ensuring the diversity of employees within the criminal justice system and on the bench as judges is important to ensure the equitable administration of justice, but minorities remain underrepresented in many jurisdictions.[199] And this factor is a particular issue in the U.S., “with a boost from the Republican-led Senate, President Trump has now confirmed 200 federal judges. Each one has a life term, representing a legacy that could extend for a generation”. And:[200]

“They are largely white and male. … It is an astonishing lack of representation. …

[N]early 7 in 10 of the Trump judges are white men. Just 28 of the 200 are people of color. And … there’s only one Latina appeals court judge, and no Black appellate judges.

You end up with a judiciary that is really out of step with where the country is as a whole because it takes a fair amount of work actually to end up with those statistics.”

Although there are many different models of judicial appointment,[201] what is essential to avoid is the reality – or the perception – of a politicized judiciary: that judges are appointed because they will do the bidding of the government or favour a particular political faction and/or its ideology and policy preferences^[202] (as opposed to an independent judicial analysis of the particular issue(s) with a view to appropriately maintaining and enforcing the rule of law). At the end of the day, the paramount consideration for judicial appointments is maintenance of the public confidence in the nation’s justice system as impartial and independent (these principles being essential “to an effective judicial system and, ultimately, to democracy founded on the rule of law”).^[203] 

[President] Trump’s judges are a giant step backward for America. After three years of Trump’s appointments, the federal judiciary is 73% white and 66% male, but it will be even more male and pale by the end of his term.

– Shira Scheindlin, former US District Judge, Board member of the American Constitution Society[204]

But “improving representation is not enough. Being aware of and understanding unconscious bias is essential. Unconscious bias affects us all, no one is immune” – the “danger lies in our unconscious bias going undetected, unchecked and unchallenged”.[205] The prevalence of systemic racial bias throughout the criminal justice system creates the need for explicit understanding and consideration of race for the system to produce substantive equality, and for the legal system to apply to and protect all people equally.[206]

The obstacles to addressing discrimination in the criminal justice system continues to include entrenched assumptions about the criminal proclivity of racial and ethnic minorities, the propensity of government officials to exploit associations between race and crime for political ends, and deep alienation that divides many discriminated-against groups from law enforcement representatives. In addition, certain structural issues common to many criminal justice systems exacerbate these problems. Gathering racial and ethnic data on criminal justice practices is often a prerequisite to proving and combating discrimination. However, the data is not always collected or available depending on the jurisdiction.

Our institutions and our law are on trial.  There is a danger today for politics to be driven by ideologies, passions, and ‘big money’ political influence disconnected from facts – that citizens are being “deliberately shielded from facts and reason and logic”.^[207] It is indeed time to assess the status quo, and the legal profession has a role in this process – with time, energy and effort “we, as lawyers can help to address “this much needed change”[208]:[209]

“[T]he legal establishment has an insular, economically-driven  focus that is out-of-touch with a rapidly changing, polarized society that is increasingly skeptical of and detached from a legal system designed for the rich. Even in this time of confluent crises – health, financial, political, social, climate, and legal—law’s focus remains inward. There is little discourse – much less concerted action – to blunt the assault on the rule of law and the threat that poses to our democracy. …

Rather than coming together during this time of crisis, the pandemic has exacerbated society’s polarization by spotlighting inequalities in the justice system, healthcare, and other “inalienable rights.” The pandemic has convulsed the nation and strained to a breaking point the social compact that separates a nation of laws from anarchy. … Law is on trial.”

President Donald Trump’s pardon of Roger Stone and his supporters’ criticism of the Black Lives Matter movement showed there are truly two separate systems of justice in the United States.

– Newsweek[210]

Government: polarized, partisan and lack of trust

It is a fundamental duty of elected government to uphold the rule of law and address impunity for misconduct by law enforcement officials – to ensure victims receive justice for police misconduct, future misconduct of law enforcement personnel is deterred, and public trust in and co-operation with law enforcement is strengthened.[211]

Unfortunately, our institutions and leaders are not performing at the level required of our society, and the Edelman Trust Barometer[212] has been annually confirming that public trust in our elected leaders has eroded. We are only beginning to appreciate the value of trust in the functioning of democracy and good governance, including successful policymaking, social cohesion, and legitimacy.

We need trust in our institutions and the people who lead them, trust in experts to inform us, trust in one another. If citizens are going to respect their nation’s institutions and laws, there is a need for trust that government policy and decisions are unbiased and fact-based. As such, it should not come as a surprise that trust is lowest in communities that have been systematically abused by those who hold power.[213]

A Phoenix police officer brutalised a woman during a minor traffic stop in January, body camera footage has revealed. The video also shows another policeman instructing the officers at the scene to ‘cover your ass’ in the paperwork.

– The Guardian[214]

Police misconduct has a deleterious effect on virtually every aspect of our society. Most importantly, police discrimination and use of excessive force (i.e. police brutality) tears violently at the fabric of society, leaving in its aftermath a distrustful and divided community.^[215] And political leaders “bear an important part of responsibility. As the organisation of law enforcement is hierarchical, the discourse and attitudes of politicians” are “rarely ignored by rank-and-file officials”.[216]

Societies pay a high price when citizens do not have trust in their institutions and public-sector leaders. It is well-established that democracy cannot function effectively under these conditions. Without a social structure that supports tolerance, a basic level of trust, and a spirit of community and collaboration, a nation’s institutions become hollow. Government becomes progressively less effective and responsive.^[217]

The days of respectful discussion and consensus building appear to be of a bygone age. Throughout the world, the rule of law has come under threat. While Western democracies at one time appeared safe from such disruption, they are certainly no longer immune.^[218] Today’s deepening social and economic inequality, the growth in cultural and political polarization, the rise and intensification of big-money politics, and the loss of public trust have contributed to the division that has undermined the formation of stable co-operative governments and consensus policies.^[219]

What next for the rule of law when President calls for police brutality? … encouraging police misconduct.  

– Seattle Times[220]

As politics and governments have become more partisan and polarized across the world, the independence and impartiality – even-handedness – of the judiciary and law enforcement has become an increasingly significant flashpoint, particularly for those political leaders and their governments looking to pursue their own narrow interests – in some cases without regard to the meaningful constraints imposed by the principles of democracy and the rule of law.[221]

Even in established democratic countries there are clear reasons to be concerned about the risks associated with the stability of our governments and Western democratic institutions, in particular with respect to our justice system and the rule of law.[222] A recent example of a political leader and party that appears to have no authentic answers to police brutality and institutional racism[223] is playing out in the U.S. in respect to the suppression of certain types of protests by the current U.S. administration:[224]

“During [Attorney General] Barr’s testimony before the House Judiciary Committee [in July], [Representative] Jayapal [pointed out the discrepancy in how the Attorney General responded] call[ing] him out for using federal law enforcement agents wearing combat gear to suppress Black Lives Matter protests in Oregon while ignoring armed [President] Trump supporters in Michigan who stormed the state’s capitol building to protest coronavirus shutdowns. 

‘When white men with swastikas storm a government building with guns, there is no need for the president to ‘activate’ you because they’re getting the president’s personal agenda done. But when Black people and people of color protest police brutality, systemic racism and the president’s very own lack of response to those critical issues, then you forcibly remove them with armed federal officers, pepper bombs, because they are considered terrorists by the president’, Jayapal said, adding: ‘You take an aggressive approach to Black Lives Matter protests but not to right-wing extremists threatening to lynch the governor, if it’s for the president’s benefit. Did I get it right, Mr. Barr’? … [You are supposed to uphold democracy and secure equal justice under the law, not violently dismantle certain protestors based on the president’s personal agenda].”

America is engulfed in its most widespread, sustained unrest since the late 1960s. … In the days since, Americans have seen their police forces look and act less like public servants sworn to protect their fellow citizens than like an invading army. … Legitimate grievances left unaddressed will fester.

– ‘How to fix American policing’, The Economist[225]

As noted by a number of recognized leaders – from former U.S. Presidents to U.S. General Jim Mattis to the UN itself – the waves of protests across the U.S. and the world represent a genuine and legitimate frustration over decades-long failure to reform police practices and the broader criminal justice system. Despite the current U.S. President “inflaming racial unrest with racism, stoking violent confrontations”[226], the overwhelming majority of participants have been peaceful, courageous, responsible, and inspiring. They deserve our respect and support. The point of protest is to raise public awareness, to put a spotlight on racism, inequality, police brutality, and injustice. It is often only in response to protests and civil disobedience that the political system has paid attention to legitimate grievances of marginalized communities. But eventually, aspirations have to be translated into specific laws and institutional practices — and in a democracy, that only happens when elected government officials and institutional leaders are responsive.[227]

For this to take place, “a broad coalition of voices in political and civil society” will need to address “politicians”, leaders, and institutions who appear to support or pointedly ignore issues of racism and brutality that undermine trust and fuel societal unrest, and/or “who traffic in” and normalize discriminatory, authoritarian, extremist or coded (‘dog-whistles’ or euphemisms) “white nationalist language” and practices[228] and violence.[229]

Elizabeth Neumann, a former assistant secretary of the Department of Homeland Security specializing in domestic terrorism, said the Trump administration is allowing right-wing extremists to ‘start a race war’.

– Business Insider[230]

Governments and leaders across Western society must be accountable to ensure that systemic discrimination and extremist ideology is removed from policies and practices and cultures of institutions (in particular law enforcement and the justice system) that exist to equally serve and protect a country’s citizens.[231] Broad coalitions of ethical leaders are necessary to set the boundaries of acceptable discourse and practice, and apply them against racism, discrimination, police brutality and injustice that violate lives, equality before the law, and societal values.

It appears clear in today’s political environment that “what we need to be on guard for, in every country, is not just the threat of intolerance, but also the sense of numbness and indifference that allows it to thrive”.[232]

At its most basic level, governing involves using levers of power to achieve specific policy goals, but real governing — responsible and effective governing — involves taking seriously things such as evidence and data. It requires those in positions of power to value expertise. It means prioritizing policy over politics. It demands those with authority do their due diligence and shape plans that work.

– Steve Benen[233]

No Easy Answers

There are no easy answers to restoring the trust and confidence in the social compact – getting there is the challenge, and will require the right mix of good policies, good governance, and good institutions. The good news is that racial attitudes are shifting, and while racism remains ever present in our society, there is an underlying evolution – many “more white people appear willing to acknowledge its persistence, especially in the national debate that has followed the killing of George Floyd in Minneapolis. A recent Monmouth poll found that most white people now agree police are more likely to use deadly force against Black people, while CNN found that most white people agree that the criminal-justice system is biased. And although Trump has called Black Lives Matter “a symbol of hate,” three-fifths of white people expressed support for the movement in a June Pew Research Center poll”.[234]

This will require a discussion of public policy, judicial independence, policing, social and economic inequality, the rising role of ‘big money’/’dark money’ influence in politics and government, the concentration of economic and political power in the hands of a small financial elite, cultural and political polarization, campaign finance reform, and ‘apolitical’ reform of policing and the judicial appointment process:[235]

“Political leaders … bear an important part of responsibility. As the organisation of law enforcement is hierarchical, the discourse and attitudes of politicians … are rarely ignored by rank-and-file officials. It is extremely damaging to public trust in state institutions when law enforcement officials convicted of misconduct involving ill-treatment are pardoned or receive inadequate sanctions. Political leaders should instil the clear message that responsibility for ill-treatment extends beyond the actual perpetrators to anyone who knows, or should know, that ill-treatment is occurring and fails to prevent or report it. …

States should develop clear guidelines concerning the proportionate use of force by police, including the use of tear gas, pepper spray, water cannons and firearms in the context of demonstrations, in line with international standards.

In addition, practical and easily adoptable measures should be taken, such as the obligation for riot police officers to display identification numbers in a way which makes them visible from a distance and are brief enough that people can memorise and use them to report abuses.

Furthermore, in the selection, recruitment and promotion of police, special attention should be paid to reports of past misconduct, racist attitudes, and the ability of individuals to withstand stressful situations. The recruitment of officers among minority groups would also help reduce the risk of racially motivated violence and contribute to make the police more representative of society’s diversity. In this context, continuous, systematic human rights training as well as the adoption and implementation of [a Code of Police Ethics similar to, for example,] the 2001 European Code of Police Ethics, are essential.

Police misconduct is a long-standing matter of concern, but is not inevitable. Effective means to combat this phenomenon exist and must be used by states. This is an essential requirement for restoring the public’s trust in state authority and safeguarding human rights and the rule of law.”

Four years ago, Christopher Parker, an African American political scientist at the University of Washington, made the provocative argument that Donald Trump’s candidacy could ‘do more to advance racial understanding’ [because] ‘Trump’s clear bigotry … makes it impossible for whites to deny the existence of racism in America. . . . His success clashes with many white Americans’ vision of the United States as a fair and just place’. Those words seem prescient today. … The reckoning Parker foresaw is now upon us.

– ‘A massive repudiation of Trump’s racist politics is building’, Washington Post, July 3, 2020.[236]

A Society Compromised

Racism – overt and systemic – compromises a nation’s future.

Across the world loss of trust in our institutions is one of the central issues of our time – leading to social, economic, and political tension. Destructive discourse and racial inequity has negative consequences for society. It undermines social cohesion and stability, fostering polarization and extremism rather than community and balance, enmity and contempt rather than understanding and tolerance, and alienation instead of involvement. Without trust, institutions do not work effectively, societies and economies falter, and people lose faith in their leaders[237] – further contributing to the fragmentation in the political process in Western democracies that has complicated forming stable co-operative governments or implementing effective policies.[238]

And where government and the administration of the justice system does not engender trust and is perceived as less responsive – and less reflective of the wider society and contemporary and internationally accepted values – there will likely be significant unrest.[239]  And, in these circumstances, the public is more likely to lose confidence in the fairness of the political and legal system and are more likely to test the social order, potentially turning to other means to assert their basic rights rather than rely on civil institutions and the rule of law.[240]

Three words. … The tragic history of ‘I can’t breath’.

– New York Times[241]

The significant mistrust that develops in our key institutions, both in children and adults, is a significant and devastating social cost of racism. Public faith in institutions and systems such as the criminal justice system, law enforcement, education and government is a “cornerstone to democracy, order and a harmonious society”. Each of these institutions “require citizens to work positively and cooperatively with them to maximize their success in fulfilling their mandate”.[242]

A robust justice system requires citizens to have confidence in the fairness of the process; community policing relies on individuals trusting the police and being willing to work with them; and, teachers can only function effectively when they have the respect of their students. And racism and racial profiling “seriously erodes public confidence in these institutions”. Mistrust can be “engendered by personal experiences, witnessing an incident of racism or inappropriate police conduct, knowing someone who has experienced these things, or simply due to the widespread perception” that systemic racism “exists in society”.[243]

Unfortunately, this mistrust is heightened by unwillingness on the part of some political leaders and institutions to acknowledge the issue(s) – in particular systemic racism – and engage in a constructive process to address it. These negative consequences of racial profiling and systemic racism within a society has been particularly exemplified in the United States.[244]

Systemic racism and a culture of violence are root causes of police abuse. … Far from being simply a question of individual biases, systemic racism is characterised by deep-seated inequalities and the entrenched marginalisation of minorities across all State institution and particularly criminal justice systems. Addressing systemic racism and a culture of violence requires transforming the whole police institutional culture to move away from a discriminatory, hostile and coercive attitude of “us and them”. The community has to be at the centre of the change. 

– ‘From a force to a service: policing for the whole community’[245]

An Ontario ‘Task Force on Race Relations and Policing’ confirmed over thirty years ago that “the worst enemy of effective policing is the absence of public confidence”[246], as it undermines police legitimacy. Without public trust in police, ‘policing by consent’ is difficult or impossible and public safety and social stability suffers[247]:[248]

“Racial profiling has long been acknowledged to exist in other western nations, most notably the United States and Great Britain. … [T]here have been numerous studies which have confirmed differential treatment of racialized groups in different contexts. … [These] studies have shown that racialized persons perceive that racial profiling is affecting them and also that White persons also believe that visible minorities are treated worse, for example, by the police and criminal justice system.”

Similarly, a study by Carl James over twenty years ago concluded that the adversarial nature of police stops contributes strongly to Black youth hostility towards the police.[249] Police impunity for misconduct has been widely linked to declines in trust and public confidence in police: [250]

“Where such trust is absent or deficient in some sense, it suggests that the police concerned are unworthy of that trust (i.e. they are untrustworthy). … [A] trust deficit can make certain segments of the population more vulnerable to the police. It can, significantly, affect the methods used in policing. Where there is limited or no policing by consent, policing is likely to take more arbitrary and violent forms, further damaging public trust. In turn, the failure of police to be answerable for their acts, and to act responsively to the concerns of the community at large – the two key elements of police accountability – is disastrous for public trust in police. It engenders distrust in them and establishes a lasting legacy of being untrustworthy. Trust arrives on foot, and departs on horseback, it has been observed.”

The mistrust of police has also been cited as contributing to an unwillingness of racialized communities to pursue a career in policing or the criminal justice system. The relatively low representation of racialized persons in law enforcement agencies, particularly in senior positions, in turn has a negative impact on these agencies’ ability to effectively respond to community concerns of racism and inappropriate police conduct.[251]

Quebec objected to using the word ‘systemic’ in joint statement against racism. … The ‘statement on anti-racism’ issued by Ottawa and all provincial governments on Thursday included a joint commitment to take action against racism, but stayed clear of the term that is increasingly used to signal a desire to attack the roots of inequalities and discrimination.

– Globe and Mail[252]

Ultimately, it is society that is most harmed if systemic racism “results in the loss of confidence in law enforcement, the criminal justice system”, the education system, government, and other institutions. The “social cost of creating a mistrust of institutions includes a lack of respect shown to people associated with them, greater acting out against those institutions or the law, and an unwillingness to work with those institutions”. The U.S. experience has shown that these are tangible results of racism, and that eliminating racial profiling and other forms of systemic racism can result in bridges being built between the institutions and communities, for the benefit of all[253]:[254]

“The application of the laws in [a] country reflect the environment in which the laws operate. The law is interpreted by the human bias and human perspectives of those charged with applying it. … We must remain mindful of the consequences of our own biases on our work, and on the people we serve.”

Good public policy should foster a society “in which all persons feel an equal part of the community and able to contribute fully” to the development and well-being of their society. Individuals belonging to racialized communities do not necessarily feel like equal members of society. And “this feeling exists for recent immigrants as well as for persons whose families have been born and raised in Western countries for many generations”.[255]

‘Indefensible’: Trump slammed for sharing video where supporter yells ‘white power’ at protestors.

– USA Today[256]

Members of “racialized communities in Ontario have described themselves as living within a perpetual state of crisis due to the effects of racism”. One of the most “fundamental needs of every human being is the need for human dignity. Human dignity means being treated with respect and having a sense of self-esteem and self-worth. It is concerned with physical and psychological integrity and empowerment. Perhaps nothing inflicts greater psychological and emotional damage on a person than to compromise his or her sense of dignity”. Racism – overt and systemic – does just that.[257]

Racism compromises a society and a nation’s future – undermining trust in our institutions, our communities’ sense of belonging and level of civic participation, and human dignity. Social cohesion – a significant factor to a stable, prosperous economy and society – is adversely impacted by racism at a high social and economic cost.[258] Recognized internationally and domestically, and explicitly noted by the Ontario Human Rights Commission,[259] the “future well-being and prosperity” of every nation “depends on our children and youth”. Society “as a whole benefits when each child reaches his or her full potential and is not limited in his or her opportunity to contribute to the well-being of their society”.[260]

As an Ontario Superior Court judge put it this month, in sentencing a 25-year-old Black man on gun charges, the offender’s life prospects were limited from birth by poverty and anti-Black racism in his Canadian society: ‘This was not simply the usual vicissitudes and general unfairness of life. It was systemic and structural’.

– National Post[261]

Recommendations

There is a clear need for federal, provincial/state, and local governments to undertake steps with due diligence and without delay to address the context which fuels systemic discrimination and disparate treatment against racialized citizens and other historically marginalized groups across Western society. In addressing appropriate reforms it is critical that policymakers adopt measures that address the issues, while taking into consideration the potential for adverse consequences.[262]

Public confidence in and respect for the police and the courts is essential to an effective judicial system and, ultimately, to a democracy and government founded on the rule of law.[263] The future for Western democracies will be shaped by the choices people make – and this will require clear values and consistent priorities in respect to (a) policing, (b) the judiciary, and (c) government. In this environment, the ideal of the ‘rule of law’ should be kept firmly in mind as a compass to which countries can turn for guidance now and in the future.^[264]

The Business Roundtable … urge bipartisan consensus around community engagement, data collection and transparency, accountability, minimum national policing standards and training.

– ‘Corporate American just gave police reform its blessing’[265]

Police Recommendations[266]

Policing: General Recommendation – new staffing and service delivery model for police services & reallocation of financial resources to alternative Community Safety Models

Policing needs to change. Much of the public debate has focused on new and enhanced training, diversifying the police, and embracing community policing as strategies for reform, along with enhanced accountability measures. There is “no question that” this should also include “other legal and extra-legal strategies” necessary in order to “ensure implementation of the changes and to fill in the gaps. Anti-racist training for all criminal justice actors, the creation of monitoring systems, the creation of more anti-racist actors such as Gladue workers (i.e. prepare sentencing reports for Aboriginal offenders), the appointment of more racialized judges” reflective of society, “greater funding for community programs, community mobilization and political lobbying are all examples of strategies that can work”.[267]

However, most of these reforms fail to deal with the fundamental problem inherent to policing.[268]

In addition to an appropriate focus on police culture, reform and training, there are strong substantive and policy reasons to think that reducing the currently broad scope of policing – unbundling the tasks currently carried out by police (i.e. what do police actually do? and, what does society actually need armed police to do) and reallocating the financial resources  – can and should be a big part of that change,[269] particularly if indeed the majority of police calls for service are for nonviolent encounters or low level disputes.[270]

This is in fact the most significant of proposed reforms, and involves creating non-police alternatives for communities and public safety (that does not require the attendance or legal powers of law enforcement).  This would require the identification of appropriate services and funding that can be relocated from the police budget to community safety models[271] that – going forward – would address social services type issues, mental health and medical calls, wellness checks, traffic and minor traffic infractions, accidentally tripped burglar alarms, neighbour disputes, and education (involving school children) and/or housing type issues for example. The redirection and coordination of tasks from police services to alternative responders to mitigate risk in the community will require study and data in respect to “appropriate non-core policing calls currently handled by police that can be directed to an alternative community safety and crisis response”.[272]

Expressing support for the ‘Black Lives Matter’ movement isn’t political or partisan, an independent federal agency has said. …  The agency reached its opinion because the Black Lives Matter movement concerns itself with issues such as racism, which are not inherently aligned with a single political party.

– USA Today[273]

Specifically, implementation of this type of reform will require a critical assessment as to which problems the police are currently being asked to solve, and then a determination as to whether they are the actual service best suited to solving them.[274] A sustainable “value proposition” may well require a new business model that incorporates and delivers effective police and community service delivery (utilizing technology, process, licensed police officers – similar to doctors, lawyers, nurses, architects, etc. – working at the “top of their license”,[275] and alternative staffing models: the right person – police officer or otherwise – for the right task), practice excellence, and professional service that builds citizen trust. In short: the right resources, doing the right work, with a robust system of accountability as to how the calls are handled – not your typical police organization.  This type of policy change will require addressing “fundamentally what it is the police should be doing” in the communities they work in:[276]

“One of the problems that we’re encountering here is this massive expansion in the scope of policing over the last 40 years or so. … But the policing has become more intensive, more invasive, more aggressive. So what I’m calling for is a rethink on why we’ve turned all of these social problems over to the police to manage. And as we dial those things back, then we can think more concretely about what the rest of policing should look like and how that could be reformed. …

Part of our misunderstanding about the nature of policing is we keep imagining that we can turn police into social workers. That we can make them nice, friendly community outreach workers. But police are violence workers. That’s what distinguishes them from all other government functions. … They have the legal capacity to use violence in situations where the average citizen would be arrested.

So when we turn a problem over to the police to manage, there will be violence, because those are ultimately the tools that they are most equipped to utilize: handcuffs, threats, guns, arrests. That’s what really is at the root of policing. So if we don’t want violence, we should try to figure out how to not get the police involved. …

What I’m talking about is the systematic questioning of the specific roles that police currently undertake, and attempting to develop evidence-based alternatives so that we can dial back our reliance on them. And my feeling is that this encompasses actually the vast majority of what police do. We have better alternatives for them. …

Well, I think that one of the myths we have about policing is that it is politically neutral, and that it is always here to sort of create order in a way that benefits everyone. But the reality is … we are using police to manage the problems that our very unequal system has produced. We’re invested in this kind of austerity politics that says the government can’t afford to really do anything to lift people up. We have to put all our resources into subsidizing the already most successful parts of the economy. But those parts of the economy are producing this huge group of people who are homeless, unemployed, have untreated mental health and substance abuse problems. And then we ask the police to put a lid on those problems — to manage them so they don’t interfere with the ‘order’ that we’re supposedly all benefiting from. …

Political protest has always been a part of this dynamic, right? Political protests are a threat to the order of this system. And so policing has always been the primary tool for managing those threats to the public order. Just as we understand the use of police to deal with homelessness as a political failure, every time we turn a political order problem over to the police to manage, that’s also a political failure. I think the mayor of Minneapolis, for instance: Jacob Frey. He has consistently tried to frame this as a problem of a few bad apples. And he says, “Why are you protesting? We fired them.” But this completely misunderstands the nature of the grievances. And instead of actually addressing those grievances, he’s throwing police at the problem. …

The level of aggression and unnecessary escalation is stark evidence of how unreformed policing is, and I argue how unreformable it is. The question is whether or not people will take it to the next step and ask the tough political questions. Why are our mayors turning this over to the police to manage? Why are we using curfews instead of having conversations? Why are we throwing protesters in prison instead of trying to figure out what’s driving all of this anger?”

This type of reform may also encompass “the development of safer communities through decriminalizing drug use and sex work, building quality public housing, providing truly universal health care and rehabilitation services, investing in public schools, strengthening labour protections and expanding the public sphere in general”. This type of big-picture forward-looking public policy would require the full support of policymakers across the political spectrum and all levels of government, and – unfortunately – not likely to take place in the current politically polarized environment most nations find themselves.

[P]eople should be given the programs and resources they need to solve problems within communities in ways that do not involve police, courts, or prisons.

– Professor Alex Vitale[277]

Policing: 5 Essential Principles for Investigation of Police Misconduct

The most authoritative statement of best practice principles relating to complaints about police and police oversight – cited in many submissions and endorsed by the UNODC (United Nations Office on Drugs and Crime) – comes from the Council of Europe’s Commissioner for Human Rights. The Opinion of the Commissioner for Human Rights concerning independent and effective determination of complaints against the police identifies five essential principles:[278]

• Independence: there should not be institutional or hierarchical connections between the investigators and the officer complained against and there should be practical independence. Too often ‘police oversight’ today still means police investigating themselves – this has to change to civilian lead investigation bodies;
• Adequacy: the investigation should be capable of gathering evidence to determine whether police behaviour complained of was unlawful and to identify and punish those responsible;
• Promptness: the investigation should be conducted promptly and in an expeditious manner in order to maintain confidence in the rule of law;
• Public scrutiny: procedures and decision‑making should be open and transparent in order to ensure accountability; and
• Victim involvement: the complainant should be involved in the complaints process in order to safeguard his or her legitimate interests.

It should be noted that mixed systems for complaints‑handling and police oversight can comply with these best practice principles. The mixed Civilian Review system is the dominant one internationally, balancing the role of police leadership in managing their workforce and upholding standards with rigorous, independent, external oversight:[279]

“External oversight is complementary to internal mechanisms: it can reinforce them and sustain police managers in their efforts to enhance police integrity and performance. …

Enhancing police accountability must not be limited to establishing a new (independent) structure but must include strengthening the capacity, capability and competence of existing internal and external accountability structures.”

[A]ccountability is defined as a system of internal and external checks and balances aimed at ensuring that police carry out their duties properly and are held responsible if they fail to do so. Such a system is meant to uphold police integrity and deter misconduct and to restore or enhance public confidence in policing.

– United Nations[280]

Policing: 14 Specific Recommendations

There is a clear need for policymakers to undertake steps with due diligence to address the context which fuels systemic discrimination and disparate treatment of racialized citizens and other historically marginalized groups by police across Western society.  Specifically, with respect to use of force police must be guided by the principles of legality, absolute necessity and proportionality, and police officers must operate with the highest standards of professionalism and accountability. More specifically:

• That use of force by the police should be free from political influence. In situations of public fear and tension, political leaders, politicians, police management and police unions / associations should exercise restraint; and aim to diffuse, and refrain from escalating and reinforcing, public fear and tension.
• That oversight bodies and police leadership formerly examine their workplace culture and institute formal processes to monitor and redress all issues that may undermine its culture or prevent it from meeting its goals and re-establishing public trust.  Oversight bodies and police leadership must become intimately familiar with how the police organization establishes, communicates, and implements cultural values, and whether these are in fact guiding appropriate police conduct.
• That police departments review existing use of force policies and procedures with respect to their impact on racialized and marginalized groups and amend and/or develop clear policies and procedures strictly governing when and how force can be used (including de-escalation tactics; prohibition of torture[281] and cruel, inhuman or degrading treatment or punishment), to ensure that any use of force by their officers are a last resort and do not result in discriminatory or adverse impacts on those groups. Policies and procedures should include protest situations, and respect for and facilitation of the exercise of the right to freedom expression, freedom of association, peaceful assembly and lawful dissent.
• That police departments not be permitted to militarize operations, including where applicable the rescission of policy and programs permitting the transfer of military type equipment and weapons to domestic law enforcement agencies.
• That police departments be encouraged to retain independent employment equity experts to develop concrete, measurable and attainable goals to increase the number of racialized people, especially in positions of responsibility, in order to achieve a “critical mass” of representation and diversity to promote cultural and organizational change.
• That police recruits be screened for prejudicial and racially discriminatory attitudes, similar to screening already being done for personality attributes, criminal record, and family background.
• That police departments develop human rights and anti-racism curriculum and training programs to be incorporated into any existing training programs on use of force and which will be mandatory for recruits, new officers, and serving officers. The training should be designed and delivered by independent experts on anti-racism to ensure a full understanding of racially biased policing, racial discrimination, and the racialized communities police serve, particularly with respect to use of force. This training should be provided as a refresher on a regular basis. The training program should be independently and regularly evaluated to assess its efficacy with respect to effecting anti-racist behavioral and attitudinal change.
• That police forces ensure that complaints and concerns against police officers relating to use of force, particularly when the complainant is racialized, are reflected and factored into the assessment of each officer’s performance review and or promotions.
• That all police officers be licensed[282] – similar to lawyers, doctors, nurses, etc. – and subject to a governing body that may discipline and decertify. Licensing of all police officers is a professional methodology to enforce professional standards and protect the public. Professional misconduct may result in an investigation by the governing body (over and above that of a police officer’s employer) and disciplinary proceedings. The governing body should receive mandatory reports of termination and citizen complaints from employers. When the information reported discloses reasonable and probable grounds to believe that a police officer has committed an act of professional misconduct or is incompetent, an investigation may be initiated.
• Minimum national policing standards should be public and readily understood by the public. These standards should include a minimum national standard on use of lethal and non-lethal force; bans on chokeholds and carotid holds (possibly except when deadly force is warranted); a duty to intervene; a ban on racial profiling; and an independent government review and establishment of minimum credentialing and accreditation standards and procedures for officers. Note: expanding the legal responsibilities of police officers to explicitly include the duty to intervene to protect a citizen from excessive force and other misconduct – by other officers and to report misconduct by other officers that threatens the well-being of citizens is necessary to promote a healthy police service and culture, unity and teamwork, and accountability and integrity.
• Review accountability and governance, and explore the removal of legal barriers[283] that maintain police impunity and/or prevent or undermine appropriate disciplinary, criminal and/or civil action for police misconduct. In this respect: (a) ensure prompt, independent, impartial and professional investigation of incidents of excessive use of force and police killings, ensuring investigation of all potentially responsible parties and appropriate prosecution; (b) ensure the impartiality of local prosecutors in the indictment of police officers in cases of excessive use of force and killings, or consider creating separate, independent, and specialized indicting authority bodies; and (c) appropriately limit police unions/associations and collective bargaining rights to salaries, benefits and working conditions not involving the allocation of resources or personnel and disciplinary policies and practices. The governance of police departments is the responsibility of police chiefs and their leadership teams, subject to laws enacted by legislative bodies with jurisdiction over the departments and appropriate civilian oversight bodies. Consulting with rank-and-file officers is encouraged; sharing governance of police departments is not.
• That appropriate government and police bodies take steps to strengthen police oversight mechanisms to ensure accountability, transparency and independence with respect to police use of force, misconduct and crimes against racialized people, marginalized groups, and generally. Specifically:
  • (a) Implement cross-cultural education opportunities for investigators (into police misconduct) and the recruitment of investigators from cultural and racially diverse backgrounds.
  • (b) The definition of “serious injury” should be broadly interpreted with the purpose of protecting victims of police violence to include psychological harm, such as to engage the investigative jurisdiction of an oversight body, and relevant Police Services legislation or regulations should be amended accordingly to include such a definition.
  • (c) With respect to incidents of use of force where injury is caused but does not fall within an oversight body’s “serious injury” mandate, and particularly in situations where racism or racial bias is alleged to have been a factor, complainants should be entitled to and ensured of an independent investigation. Such an investigation should be conducted by a civilian oversight body and their appointed investigators.
  • (d) Oversight bodies should have the power to compel Subject Officers under investigation to submit to an interview, in light of the extraordinary powers given to police officers by the state (including to carry and use firearms) and the corresponding heightened need for public accountability.
  • (e) Relevant Police Services legislation be amended to authorize oversight bodies to bring a charge of misconduct before a relevant Police Discipline Tribunal against a police officer who fails to cooperate in an oversight investigation.
  • (f) A National Police Misconduct Registry be established to maintain disciplinary records of officers (including termination for cause), which will inform hiring decisions and promote public accountability.
  • (g) Minimum decertification standards be established to guide misconduct investigations, which should be carried to completion whether or not a police officer leaves the police service. Findings of misconduct should be entered on an officer’s record and entered into a National Police Misconduct Registry.
• Data collection and transparency is key with respect to police ‘use of force’, and essential to better protect a nation’s citizens, build trust between police and the communities they serve, inform solutions, and hold police departments accountable. In order to monitor the impact of police ‘use of force’, with the purpose of ameliorating any adverse or discriminatory impact that such use of force may have on racialized communities:
  • (a) The relevant levels of government should take steps to require that the collection of disaggregated race-based data on ‘use of force’ by the police be conducted on a permanent basis by: (i) the oversight bodies (and their investigators) of all investigations into police use of force; (ii) the civilian oversight body through the Public Complaints Process for incidents/complaints involving police use of force not falling within the mandate of their investigators, and (iii) Police Chiefs of all use of force incident reports which are required to be completed under the relevant Police Services legislation and/or regulations.
  • (b) These institutions will be required to report the results of the data collection to any governing police boards and appropriate government body (i.e.  Attorney General) on an annual basis, and make the results available to the public.
  • (c) Data collection will include information on a large number of variables such as: the age, gender and race of the civilian; cause of injury or death; criminal history of the civilian; mental health of the civilian; police service involved; age, gender and race of subject officers; rank and years of experience of subject officers; description of the incident and use of force; and final outcome of case and supporting reasons (i.e. officers cleared; charges laid; etc.).

To fix the problem [of needless police killings], it is essential to design policies that give police departments strong incentives to avoid bloodshed when officers’ lives are not at risk. The best way to protect African-Americans is to enact policies that protect everyone.

– The Economist[284]

Policing: Organizational Culture – a recommended guideline

The transformation of the police from a ‘force’ to a ‘service’ requires strong and sustained commitment to the organizational culture. Positive examples of police cultural transformation, such as in Northern Ireland, show that resolute action needs to be taken at four different levels:[285]

• The role of the police must be refocused on the duty to protect and to serve the community. Community policing is solution-oriented, based on collaborative partnerships and anchored in values of dignity, non-discrimination, and the rule of law. This implies a “demilitarization” of the police in terms of structures, tactics, equipment and, above all, mindset and culture. An officer of the law should be dressed, equipped and act like one. No effort to address policing issues will succeed without strong partnership and trust between police and the communities they serve. When members of the community, especially racialized people, minorities and marginalized groups are no longer systematically considered as suspects, mistreatment decreases and public trust increases.
• The profile of officers recruited should shift from “warriors” to “protectors”. Transformation may require dismissing staff not aligning to the new values and policies. In Camden, New Jersey, in the United States, police officers had to reapply to the new police service. Training should focus on the role of the police in society, with an emphasis on community relations and de-escalation.
• A police culture that undermines public service and community safety – i.e. ‘us versus them’, code of silence, thin blue line, and even an inappropriate ‘esprit de corps’, etc. – must give way to transparency and external control. Regular and unannounced visits to police stations by independent oversight bodies can significantly help reduce the risk of systemic racism and a subculture of discrimination, excessive force and violence.
• Addressing impunity is vital in driving genuine change. Derek Chauvin, the officer who killed George Floyd, had been the subject of 18 prior complaints. Those responsible for excessive force, misconduct, racist behaviour or ill-treatment must be appropriately addressed immediately. Leadership is key in sending a clear messages of zero tolerance for racist and violent subcultures, including in relation to informal rules, the use of abusive language or the display of signs, symbols or tattoos that represent extremist or supremacist movements.

If you don’t build your culture, one will form on its own (and you might not like what you get).

– James Sudakow[286]

Leadership and culture are the biggest determinants of how employees behave. Strong “value based” cultures with strong leadership have two common elements: there is a high level of agreement about what is valued, and a high level of intensity with regard to those values.

Organizations responsible for some of the most egregious acts of malfeasance have had quite impressive, formalized missions, values, ethics and compliance guidelines. The problem was that either leadership – or a group of influential insiders – operated outside of those guidelines and shaped the actual culture of the organization. These shared set of values, mindsets and assumptions distinct to an organization – its ‘actual’ culture – is increasingly being seen as at the heart of ethical lapses.[287]

Police organizations should aim for sustainable cultures of integrity that empower personnel at all levels to make the right decisions in light of whether it is right, legal, and fair.^[288]  Organizations without such a culture are likely to view their ethics and compliance programs as a set of “check the-box activities”, or worse, as a roadblock to achieving their objectives. Organizations responsible for some of the most egregious acts of malfeasance have had quite impressive, formalized ethics and compliance guidelines. The problem was that either leadership or a sub-group of influential personnel operated outside of those guidelines^[289] – the actual organizational culture did not support principled leadership, but rather the normalization of deviation.

There are a number of drivers and root causes (i.e. disparate subcultures or problematic prevailing culture; not holding leadership, police unions, or individuals to account for poor conduct; complex, disconnected leadership; etc.) that may lead to misconduct and poor behaviour and practices within a particular organization. Understanding and addressing the particular (and overlapping) drivers of misconduct that may be applicable to a particular police organization is essential in improving standards of behaviour, and meeting regulatory and societal expectations. This entails first being able to identify the key conduct risks, and then specifically addressing the organizational culture by designing and addressing applicable and appropriate pre-emptive police department-wide programs.[290]

To reinforce those values and behaviours, the organizational ecosystem must address the underlying conditions that are usually present when personnel engage in illegal or unethical acts, by (a) ensuring that the police department is not creating pressures or incentives (i.e. motive) that influence leaders, managers, and/or frontline officers to act unethically; (b) making sure processes and controls minimize opportunities for unethical or bad behavior; and (c) preventing leaders, managers, and frontline personnel (including police unions) from finding ways to rationalize breaking the rules. This line of thinking borrows from the classic conception of the “fraud or Compromise triangle,” which identified three elements necessary as precursors to fraud – which in our case includes police misconduct generally – as: opportunity, rationalization, and pressure/incentive (motive).[291]

[C]ulture change can’t be achieved through top-down mandate. It lives in the collective hearts and habits of people and their shared perception of ‘how things are done around here’. Someone with authority can demand compliance, but they can’t dictate optimism, trust, conviction.

– Harvard Business Review: ‘Changing Company Culture Requires a Movement, Not a Mandate’[292]

An organizational culture that encourages ethical conduct as well as a commitment to compliance[293] will not happen accidentally – and no number of rules, policies, monitors or top-down controls will suffice to shape or substitute for it. In this respect, the lessons learned from scandals that trace back decades make one thing clear, it is important for oversight bodies and police leadership teams to specifically “foster psychological safety and learning” as a means for managers, supervisors and frontline officers to speak up. This is where a sound organizational culture of integrity and ethics comes into play, supporting and empowering personnel at all levels of the police organization – even under the most complex and stressful situations – to speak up and/or make the right decisions in light of whether it is right, legal and fair.^[294]

So, what does a sound culture look like? Deloitte, and organizations like the Global Risk Institute, indicate that such cultures are generally characterized by:[295]

• Organizational values: A set of clear values that, among other things, emphasizes the organization’s commitment to legal and regulatory compliance, integrity, and ethics.
• Tone at the top: Executive leadership and senior managers across the organization encourage employees and partners (i.e. Police Unions) to behave legally and ethically, and in accordance with compliance and policy requirements.
• Consistency of messaging: Operational directives and organizational imperatives align with the messages from leadership related to ethics and compliance.
• Middle managers who carry the banner: Front-line and mid-level supervisors turn principles into practice. They often use the power of stories and symbols to promote ethical behaviors.
• Comfort speaking up: Employees across the organization are comfortable coming forward with legal, compliance, and ethics questions and concerns without fear of retaliation.
• Accountability: Senior leaders hold themselves and those reporting to them accountable for complying with the law and organizational policy, as well as adhering to shared values or organizational values.
• The hire-to-retire life cycle: The organization recruits and screens employees based on character, as well as competence. The on-boarding process steeps new employees in organizational values, and mentoring also reflects those values. Employees are well-treated when they leave or retire, creating colleagues for life.
• Incentives and rewards: The organization rewards and promotes people based, in part, on their adherence to ethical values. It is not only clear that good behavior is rewarded, but that bad behavior (such as achieving results regardless of method) can have negative consequences.
• Procedural justice: Internal matters are adjudicated equitably at all levels of the organization. Employees may not always agree with decisions, but they will accept them if they believe a process has been fairly administered.

An organizational culture that encourages ethical conduct as well as a commitment to compliance will not happen accidentally. The culture of an organization is the expression of its values in action; and to be successful it is up to those who shape it, particularly its leaders. Failure to build this type of culture of integrity will see continued reputational damage and erosion of community and societal trust.^[296]

Based on the information known at this time, it appears fair to suggest that many police organizations are missing many of these characteristics in its organizational culture.  The good news? An organization’s culture can be fixed!

[P]olice officers are not like other workers: they have state-sanctioned power of life and death over fellow-citizens. It’s hardly unreasonable to demand real oversight in exchange.

– ‘Why Are Police Unions Blocking Reform?’[297]

Judicial Recommendations – General

• Appointment of Judges reflective of society.   The courts, including the highest court of a particular nation, should reflect the diversity of its society. All citizens should be able to see themselves reflected in their justice system. The Chief Justice of the Supreme Court of Canada is on record for stating that their court has “wrestled with cases that have underscored racial bias and the use of degrading stereotypes – and that a lack of diversity in the justice system is part of the problem”.[298]
• Judicial Appointments.[299]  Political and ideological patronage in the judicial appointment process removes or discourages meritorious candidates of all backgrounds from being considered – and threatens the legitimacy of the courts and undermines the public’s trust and confidence in the judicial system.[300] Reforms must correct systemic issues and put transparent processes in place that will outlast a particular party or leader. An important solution is to depoliticize the process entirely: “creating an independent commission” – merit based and procedurally fair – “to appoint judges could go much further to ensure a diverse bench that also reflects the life experiences” of our society.[301]
  • (a) Independent judicial appointments body: An objective and transparent process for the appointment of judges must be in place to ensure that only the highest quality candidates are selected, (i) with clear criteria for merit (i.e. professional competence, experience, character, social and personal traits and background), (ii) a mandate for inclusion / representational effectiveness (clear goals and benchmarks for judiciary to reflect their society), and (iii) a process and objective test[302] that ensures a candidate meets the criteria for merit and is not partisan or indebted to a particular government, politician, political party, or special interest group who may have influenced, arranged for, or appointed them. At the heart of the process is an appointments body acting independently of the executive and the legislature and special interests, whose members have been appointed in an objective and transparent process. Representatives from the executive and legislative branches should not form a majority on the appointments body.
  • (b) Merit-based and inclusive judicial appointments: candidates should be required to demonstrate a record of competence, experience, character, etc., which includes integrity.
  • (c) Civil society participation: Civil society groups, including non-partisan professional associations linked to judicial activities, should be consulted on the merits of candidates.
• Training of Judges in human rights, systemic racism and discrimination, codes of conduct and ethical norms.  Citizens expect judges to be fair and to embody the highest standards of personal and professional conduct, free from the pressure of external influences. Judges should receive a rigorous program of ongoing professional development, judicial independence and ethics, training in the latest developments in the law, and diversity and social context education so there is an awareness of the challenges faced by vulnerable groups in society. Social context education provides judges with the necessary skills to ensure that myths and stereotypes do not influence judicial decision-making.[303]

The judge is the pillar of our entire justice system, and of the rights and freedoms which that system is designed to promote and protect. Thus, to the public, judges not only swear by taking their oath to serve the ideals of Justice and Truth on which the rule of law in Canada and the foundations of our democracy are built, but they are asked to embody them. 

– Justice Gonthier, Supreme Court of Canada^[304]

Government Recommendation – General

• Policy: Adopt coordinated legislative, policy, and institutional measures designed to eliminate systemic discrimination, policies with racially disparate impacts, and stereotypes. For example, across democratic jurisdictions all citizens should have the right to vote irrespective of a criminal record or incarceration, and voting rights should not be contingent upon payment of fees, fines, restitution, or other legal financial obligations.[305] 
• Reduce the influence of vested interests:[306] This will require a discussion of public policy, the rising role of ‘big money’ influence in politics and government, the concentration of economic and political power in the hands of a small financial and/or influential elite, and campaign finance reform.  Inequality makes it easier for the influential – which includes powerful police unions – to affect political and policy outcomes through campaign contributions and lobbying. However, in a functioning democracy, lawmaking should be based on the power of ideas and the public interest, not the powerful interests behind them. The fundamental laws of western democracies protect lobbying as a legitimate means to redress concerns and/or grievances, but when inappropriate influence and ‘big money’ is married to both elections and lobbying, the inequality and process of deliberation may be seen as a game of “pay-to-play”.[307] A system of reciprocal exchange is an abuse of the political system because it insinuates private interests where only the public interest should be considered.[308]

Let us not seek the Republican answer or the Democratic answer but the right answer. Let us not seek to fix the blame for the past – let us accept our own responsibility for the future.

– John F. Kennedy[309]

Conclusion

Police brutality, excessive force, and discrimination are some of the most serious, enduring, and divisive of human rights violations in our society. And discrimination in policing is closely linked to discrimination in the criminal justice system, as well as to disparities in access to and the full enjoyment of civil and political rights (including access to justice and voting). The problem is seen across the Western world, and its nature is systemic, particularly for police services organized on a military type model or security-based model in socially stratified societies.[310]

In this environment, nothing is as inspiring as seeing ordinary people exercise their rights and demand equality and justice.[311] However, although recent social movements have re-centered police violence and racial discrimination as a subject of public discourse, there appears to be little progress in reducing the number of racialized and marginalized people discriminated against, injured or killed by police. It is fair to say that racialized police violence continues to be a recurring issue with yet another Black man shot in the back by police last Sunday.[312]

Police can respond with bullets or patience – one is clearly better.

– Andre Picard, Globe and Mail[313]

And police accountability for misconduct continues to be both seriously flawed and resistant to change. In fact, many of the issues discussed in this article have been highlighted in numerous studies and articles on the justice system, law enforcement and police practices over the last 30 years.

The apparent lack of significant consequences has contributed to where we stand today as a society on this issue. The cost of systemic discrimination in the criminal justice system is particularly telling in respect to the distortion of the ideals of public service, the loss of public trust in our institutions, the impact to the health and safety of racialized and marginalized citizens subjected to such treatment, and to some extent the apparent normalization of deviance within the subculture of some police organizations.

[President] Trump has excited and cultivated the white-supremacist far right in ways no previous Republican president dared, and he has nurtured the pervasive sense of violent police impunity now on display in the streets. – New York Magazine[314]

The evidence is persuasive that extreme inequality and a discriminatory justice system has a corrosive effect on society, undermining trust, corroding the cooperation on which our societies are based, and unravelling the social norms that govern the smooth functioning of a democracy.[315] In countries with weakened institutions and polarizing political leadership, this leads to unrest: “Once citizens lose confidence in the fairness of the legal and political system, they may turn to other means to assert their basic rights, and inevitably this results in violence and loss of human life”.^[316]

Trust and confidence in our institutions – their legitimacy – are fundamental to peace and stability within a society. When the legitimacy of a society’s institutions diminishes, government leaders overseeing such countries often find themselves moving from persuasive to coercive governance,[317] and “policing by consent”and policing as a public servant (serving the community) sliding into an authoritarian-based policing model.[318]

We have a chance now to give the marginalized, the demonized, the isolated, the oppressed a full share of American dream. … We have a chance to rip the roots of systemic racism out of this country.

– Joe Biden, Democratic Presumptive Nominee for U.S. President[319]

So how can we rebuild trust at a time when it’s so frayed and fractured? Leaders who have proven themselves consistently dishonest have earned society’s distrust. At a certain point, it becomes dangerous to give someone the benefit of the doubt. We need to be on the lookout for leaders and institutions who are meeting the challenge of the moment with candour, who hold themselves and their institutions accountable. And through reform, legal accountability and humility, institutions such as law enforcement must begin the long and difficult process of proving that it can be trusted to protect, and not oppress or abuse, all of the communities it has sworn to serve.[320]

Around the world we are at turning point – one that has the potential to be transformative. A rebuilding of compassionate, trustworthy communities needs to be at the heart of where we go. This is the time for meaningful reform, and while the role of policymakers is important, we cannot just wait for them to take the next steps. This is a moment for leaders around the world – in the legal and academic community, in business, in policing, and citizens across the board – to consider how they can bring about reform to ensure the betterment of all members of our society: working for community and connection, tolerance and empathy, and equality and societal trust in our institutions. We can and we must encourage our institutions to redesign themselves and their organizational cultures in a more responsible and professional way.

Society will benefit.

Eric Sigurdson

Endnotes:

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[1] Katie Nodjimbadem, The Long, Painful History of Police Brutality in the U.S., Smithsonian Magazine, July 27, 2017 (updated May 29, 2020); Linda Poon and Marie Patino, CityLab University: A Timeline of U.S. Police Protests, Bloomberg, June 9, 2020; Mark O’Neill, Canada has a long, documented history of racism and racial discrimination. Don’t look away, Globe and Mail, June 12, 2020; Olivia Bowden, ‘Cogs in the colonial wheel’: Why racism in Canada’s police force is a as old as policing, Global News, June 12, 2020; A Collective Impact: Interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, November 2018; A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, August 2020; Dr. James Austin, Lauren-Brooke Eisen, James Cullen and Jonathan Frank, How Many Americans Are Unnecessarily Incarcerated?, Brennan Center for Justice, 2016; Nils Muižnieks, Police abuse – a serious threat to the rule of law, Commissioner for Human Rights of the Council of Europe, February 25, 2014.

[2] Racial Disparity, National Association of Criminal Defense Lawyers (nacdl.org).

[3] Jack Beresford, John F. Kennedy’s most iconic quotes, Irish Post, July 4, 2019.

[4] Tiffany Gooch, In fighting anti-Black racism, stay focused on the ultimate goal, which is justice, Toronto Star, June 20, 2020.

[5] For example, see: 2020 Edelman Trust Barometer: Executive Summary, Edelman.com, January 19, 2020; 2020 Edelman Trust Barometer, Edelman.com, January 19, 2020; 2019 Edelman Trust Barometer: Global Report, Edelman.com, 2019; 2019 Edelman Trust Barometer: Executive Summary, Edelman.com, 2019; Angel Burria (OECD Secretary-General), 2019 Edelman Trust Barometer, OECD.org, January 30, 2019; Marc Montgomery, International survey indicates trust  in key institutions declining, Radio Canada International, February 25, 2020; The Global State of Democracy: Exploring Democracy’s Resilience, International Institute for Democracy and Electoral Assistance (idea.int), November 2017; Richard Edelman, A crisis of trust: A warning to both business and government, Economist (theworldin.com), 2016; Uri Friedman, Trust Is Collapsing in America, The Atlantic, January 21, 2018; Aimee Ortiz, Confidence in Police Is at Record Low, Gallup Survey Finds, New York Times, August 12, 2020; Scottie Andrew, Americans’ confidence in police falls to its lowest level in nearly three decades, new Gallup poll shows, CNN, August 12, 2020; Lee Berthiaume, Canadian trust in police dwindling amid anti-racism protests, poll suggests: Results indicate Canadians are asking themselves questions about how police forces do their work, National Post, June 16, 2020; Marnie Clark, Rebecca Davidson, Vanessa Hanrahan, and Norman Taylor, Public trust in policing: a global search for the genetic code to inform policy and practice in Canada, Journal of Community Safety and Well-Being, Vol. 2, Issue 3, 2017.

[6] Matt Reynolds, Legal community has a ‘special responsibility to fight injustice’, ABA president says in final speech, ABA Journal, August 3, 2020.

[7] Tim Burgess, What next for rule of law when president calls for brutality?, Seattle Times, August 1, 2017.

[8] Matt Reynolds, Legal community has a ‘special responsibility to fight injustice’, ABA president says in final speech, ABA Journal, August 3, 2020.

[9] Shayanne Gal, Andy Kiersz, Michelle Mark, Ruobing Su, and Marguerite Ward, 26 simple charts to show friends and family who aren’t convinced racism is still a problem in America, Business Insider, July 8, 2020. Also see, Richard Robinson, I know first-hand why the legal industry has a diversity problem, The Telegraph, June 25, 2020; Adam Liptik, Black Defendants Get Longer Sentences from Republican-Appointed Judges, Study Finds, New York Times, May 28, 2018; Martha Bellisle, Police in misconduct cases stay on force through arbitration, Toronto Star, June 24, 2020; Richard Allen Greene, Britain’s big race divide: CNN poll shows what Black Britons have long known – from policing to politics, their country has failed them, CNN, June 22, 2020; Canadian Press, UBC Board of Governors chair resigns after ‘liking’ anti-protest tweets, Globe and Mail, June 21, 2020; Calls for police union head to resign over alleged slur, CBC, June 20, 2020; Eli Hager and Weihua Li, White US police union bosses protect officers accused of racism, The Guardian, June 10, 2020; Noam Scheiber, Farah Stockman, and J. David Goodman, How Police Unions Became Such Powerful Opponents to Reform Efforts, New York Times, June 6, 2020 (Updated June 20, 2020); What is systemic racism? There is broad national confusion about the concept, National Post, June 27, 2020; Colleen Sheppard, Tamara Thermitus, and Derek Jones, Understanding how racism becomes systemic, Globe and Mail, July 24, 2020.

[10] Rev. Jesse Jackson and David Daley, Voter Suppression Is Still One of the Greatest Obstacles to a More Just America, Time, June 12, 2020; Carol Anderson, One Person, No Vote: How Voter Suppression is Destroying Our Democracy, Bloomsbury Publishing, 2018; Timothy Smith, How voter suppression threatens our democracy, Washington Post, September 20, 2018. Claudia Chwalisz, ‘Harpersim’: Undermining Canadian Democracy since 2006, LSE (blogs.lse.ac.uk), December 16, 2014; Carol Anderson, One Person, No Vote: How Voter Suppression is Destroying Our Democracy, Bloomsbury Publishing, 2018; Rev. Jesse Jackson and David Daley, Voter Suppression Is Still One of the Greatest Obstacles to a More Just America, Time, June 12, 2020; El Jones, If we’re serious about addressing systemic racism, then prisoners should have the right to vote in the upcoming elections, Halifax Examiner, June 21, 2020; Andrew MacLeod, The Not-So-Hidden Role of Racism in Canadian Politics: indigenous people, racialized minorities struggle with the idea of participating in a process that has excluded them, The Tyee, July 8, 2019; Robin Sears, Vote suppression is not Canadian, The Star, June 23, 2019; Hasan Ali, The Voter Suppression Playbook Is Britain’s Latest Toxic Import from the US: The slogan is ‘voter integrity’. The targets are minority voters, The Nation, December 10, 2019; The right to vote is not enjoyed equally by all Australians, Australian Human Rights Commission, February 2010; Liam Thorne and Nina Dillon Britton, Voter Suppression Laws: Australia’s democracy fails to engage its most vulnerable communities, Honi Soit, May 16, 2019; Federico Fubini, Voter Suppression Comes to Europe, Project Syndicate, January 9, 2020.

[11] Policy and guidelines on racism and racial discrimination, Ontario Human Rights Commission, Approved by the Commission on June 9, 2005, revised December 2009; Lynne Peeples, What the data say about police brutality and racial bias – and which reforms might work, Nature, June 19, 2020; A Collective Impact: Interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, November 2018; A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, August 2020; Olivia Bowden, Radley Balko, There’s overwhelming evidence that the criminal justice system is racist. Here’s the proof, Washington Post, June 10, 2020; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018; Adam Carter, Black people face ‘disproportionately’ high charge, arrest rates from Toronto police: report – Ontario Human Rights Commission report shows Black people more likely to be struck, shot or killed by police, CBC, August 10, 2020; Olivia Bowden, ‘Cogs in the colonial wheel’: Why racism in Canada’s police force is a as old as policing, Global News, June 12, 2020; Inayat Singh, 2020 already a particularly deadly year for people killed in police encounters, CBC research shows, CBC News, July 23, 2020; German Lopez, How to reform American police, according to experts, Vox, June 1, 2020; German Lopez, There are huge racial disparities in how US police use force, Vox, November 14, 2018; Suyin Haynes, As Protestors Shine a Spotlight on Racial Injustice in America, The Reckoning is Going Global, Time, June 11, 2020; Matthew Amha, What Americans tend to get wrong about racism in Canada, Maclean’s, July 30, 2020; Bill Henderson, Rocks on the back of first-generation college grads attending law school, Legal Evolution, July 21, 2020; Justin Worland, America’s Long Overdue Awakening to Systemic Racism, Time, June 11, 2020; Peter Beech, What is Environmental Racism?, World Economic Forum, July 31, 2020; Claudia Chwalisz, ‘Harpersim’: Undermining Canadian Democracy since 2006, LSE (blogs.lse.ac.uk), December 16, 2014; Carol Anderson, One Person, No Vote: How Voter Suppression is Destroying Our Democracy, Bloomsbury Publishing, 2018; Rev. Jesse Jackson and David Daley, Voter Suppression Is Still One of the Greatest Obstacles to a More Just America, Time, June 12, 2020; El Jones, If we’re serious about addressing systemic racism, then prisoners should have the right to vote in the upcoming elections, Halifax Examiner, June 21, 2020; Andrew MacLeod, The Not-So-Hidden Role of Racism in Canadian Politics: indigenous people, racialized minorities struggle with the idea of participating in a process that has excluded them, The Tyee, July 8, 2019; Robin Sears, Vote suppression is not Canadian, The Star, June 23, 2019; Hasan Ali, The Voter Suppression Playbook Is Britain’s Latest Toxic Import from the US: The slogan is ‘voter integrity’. The targets are minority voters, The Nation, December 10, 2019; The right to vote is not enjoyed equally by all Australians, Australian Human Rights Commission, February 2010; Liam Thorne and Nina Dillon Britton, Voter Suppression Laws: Australia’s democracy fails to engage its most vulnerable communities, Honi Soit, May 16, 2019; Federico Fubini, Voter Suppression Comes to Europe, Project Syndicate, January 9, 2020; Wendy Gillis and Jim Rankin, Nearly 20 times as likely to be shot dead. Six times more likely to be taken down by a police dog. Inside a landmark report on the ‘disproportionate’ use of force on Black Torontonians, The Star, August 17, 2020; Ed Yong, How the Pandemic Defeated America, The Atlantic, September 2020.

[12] Radley Balko, There’s overwhelming evidence that the criminal justice system is racist. Here’s the proof, Washington Post, June 10, 2020; Ruth Marcus, If you don’t believe system racism is real, explain these statistics, Washington Post, June 12, 2020. Also see, Molly Hayes, Black People more likely to be injured or killed by Toronto Police officers, report finds, Globe and Mail, December 10, 2018; A Collective Impact: Interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, November 2018; A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, August 2020; Police Use of Force: An Examination of Modern Policing Practices – Briefing Report, United States Commission on Civil Rights, 2018; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018; Rachael Kennedy, Institutional racism in the justice system is prevalent across EU states says new report, EuroNews, December 9, 2019; Racist Crime & Institutional Racism in Europe, ENAR Shadow Report 2014-2018, 2019; Jone Elizondo-Urrestarazu, The Other Pandemic: Systemic Racism and Its Consequences, European Network of Equality Bodies (equienteurope.org), June 8, 2020; Dr. Jules Holroyd, Implicit racial bias and the anatomy of institutional racism, Centre for Crime and Justice Studies (crimeandjustice.org.uk), 2015; Nadine El-Enany and Eddie Bruce-Jones, Justice, Resistance and Solidarity: Race and Policing in England and Wales, Runnymede, 2015; Sam Francis, Met Police ‘use of force more often’ against black people, BBC News, May 24, 2018; Dunja Mijatovic, Ethnic profiling: a persisting practice in Europe, Council of Europe, September 5, 2019; Inquiry into the external oversight of police corruption and misconduct in Victoria, Parliament of Victoria, Independent Broad-based Anti-corruption Commission Committee, September 2018; Melissa Sweet and Thalia Anthony, Addressing racism embedded within the criminal justice system, Croakey.org, Australia, June 16, 2020; Thomas Rohner, Nunavut’s high rate of police-related deaths ‘obviously work looking into’, says data expert, CBC, July 13, 2020; John Doyle, Above the Law: CBC doc is a searing indictment of one Canadian police force, Globe and Mail, July 10, 2020. Contra, Heather MacDonald, The Myth of Systemic Police Racism, Wall Street Journal, June 2, 2020.

[13] Policy and guidelines on racism and racial discrimination, Ontario Human Rights Commission, Approved by the Commission on June 9, 2005, revised December 2009; What we heard – Informing Canada’s Anti-Racism Strategy, Government of Canada (Canada.ca), June 27, 2019. Also see, Canadian courts at all levels have repeatedly acknowledged the existence of anti-Black racism in Canadian society: R. v. Parks, [1993] O.J. No. 2157 (CA), R. v. R.D.S., [1997] 3 S.C.R. 484; R. v. Golden, [2001] 3 S.C.R. 679, R. v. Brown (2003), 64 O.R. (3d) 161, (C.A.); R. v. Spence, 2005 SCC 7; R. v. Jackson, 2018 ONSC 2527 (Ont. S.C.). Most recently, in R. v. Le, 2019 SCC 34, the Supreme Court of Canada noted courts must consider the history of race relations between the racialized community of the accused and the police in assessing police-citizen interactions.

[14] Jack Wang, ‘Conditions were ripe for a moment like this’: How current protests expose deeper racial inequalities – UChicago scholar analyzes social context of global demonstrations against police violence, UChicago News, June 4, 2020; Leonard Jason and Kyle Hucke, What the George Floyd unrest and COVID-19 are revealing, Chicago Tribune, May 31, 2020.

[15] Ruth Marcus, If you don’t believe system racism is real, explain these statistics, Washington Post, June 12, 2020.

[16] Wendy Gillis and Jim Rankin, Nearly 20 times as likely to be shot dead. Six times more likely to be taken down by a police dog. Inside a landmark report on the ‘disproportionate’ use of force on Black Torontonians, The Star, August 17, 2020.

[17] Jerome Viala-Gaudefroy and Dana Lindaman, Police violence in the United States: what lies behind the ‘bad apples’ narrative, The Conversation, June 4, 2020.

[18] Policing in a networked world: Canadian insights, PriceWaterhouseCooper, 2018. Also see, Ronald Brownstein, Trump’s America Is Slipping Away, The Atlantic, July 9, 2020; Protestors’ Anger Justified Even if Actions May Not Be: Most say police more likely to use excessive force on black individuals, Monmouth University Polling Institute, June 2, 2020; Kim Parker, Juliana Menasce Horowitz, and Monica Anderson, Amid Protests, Majorities Across Racial and Ethnic Groups Express Support for the Black Lives Matter Movement, Pew Research Center, June 12, 2020; Scottie Andrew, Americans’ confidence in police falls to its lowest level in nearly three decades, new Gallup poll shows, CNN, August 12, 2020; Race relations in Canada 2019: A survey of Canadian public opinion and experience, Canadian Race Relations Foundation & Environics Institute for Survey Research, 2019; Lee Berthiaume, Canadian trust in police dwindling amid anti-racism protests, poll suggests: Results indicate Canadians are asking themselves questions about how police forces do their work, National Post, June 16, 2020.

[19] Yassmin Abdel-Magied, Why the Protests in the U.S. Are an Awakening for Non-Black People Around the World, Time, June 5, 2020

[20] Dissent, Disobedience and Justice, Alberta Civil Liberties Research Centre (aclrc.com).

[21] Jone Elizondo-Urrestarazu, The Other Pandemic: Systemic Racism and Its Consequences, European Network of Equality Bodies (equienteurope.org), June 8, 2020.

[22] Suyin Haynes, As Protestors Shine a Spotlight on Racial Injustice in America, The Reckoning is Going Global, Time, June 11, 2020; Olivia Bowden, ‘Cogs in the colonial wheel’: Why racism in Canada’s police force is a as old as policing, Global News, June 12, 2020.

[23] John Lewis, Together, You Can Redeem the Soul of Our Nation, New York Times, July 30, 2020.

[24] How to fix American policing: The country’s forces kill too many of those they serve. Here is how to change that, The Economist, June 4, 2020 (“In a widely read article published on June 1st, Barack Obama argued that the protests ‘represent a genuine and legitimate frustration over a decades-long failure to reform police practices’. He is right.).

[25] Liane Jackson, Could this be America’s tipping point?, ABA Journal, August 1, 2020.

[26] Ameilia Cheatham and Lindsay Maizland, How Police Compare in Different Democracies, Council on Foreign Relations, June 30, 2020. Also see, Lars Holmberg, In service of the truth? An evaluation of the Danish Independent Police Complaints Authority, European Journal of Criminology, Vol. 16, Issue 5, 2019; Peter Kim, 17 years of police violence in Canada, PivotLegal.org, March 28, 2019; Jacques Marcoux, Deadly Force: How CBC analyzed details of hundreds of fatal encounters between Canadians, police, CBC, April 4, 2018;  Inayat Singh, 2020 already a particularly deadly year for people killed in police encounters, CBC research shows, CBC News, July 23, 2020; Alex Tabarrok, When Police Kill, MarginalRevolution.com, July 1, 2020; Amelia Thomson-DeVeaux, Nathaniel Rakich, and Likhitha Butchireddygari, Why It’s So Rare for Police Officers to Face Legal Consequences, FiveThirtyEight, June 4, 2020; Gene Demby, An Immune System, NPR.org, June 8, 2020;  Kimbriell Kelly, Wesley Lowery and Steven Rich, Fired/Rehired: Police chiefs are often forced to put officers fired for misconduct back on the streets, Washington Post, August 3, 2017.

[27] Dissent, Disobedience and Justice, Alberta Civil Liberties Research Centre (aclrc.com):

“Dissent and Civil Disobedience are both forms of protest, but they are not the same. While they can take many forms, generally speaking, the difference lies in lawfulness.

• Dissent is lawful objection to a law, policy or action. It often, though not necessarily, involves engaging in protests, or marches for which a legal permit has been obtained.
• Civil disobedience is the active, professed refusal to obey certain laws, demands, or orders.  In other words, it is a form of protest that involves breaching the law.

Civil disobedience may be direct or indirect. Indirect disobedience involves violating a law which is not the object of the protest (for example, marching in a protest without a permit). Direct disobedience involves violating the law that you are protesting (for example, Rosa Parks refused to give up her bus seat in accordance with the law).

There are many different ideas as to what “true” civil disobedience looks like. Most definitions require that civil disobedience be:

• • clear (identifying the law or policy being opposed);
  • open (non-secretive or covert);
  • peaceful (non-violent); and
  • accepting of arrest and punishment.”

[28] Suyin Haynes, As Protestors Shine a Spotlight on Racial Injustice in America, The Reckoning is Going Global, Time, June 11, 2020.

[29] Sandra Garcia, Where Did BIPOC Come From?, New York Times, June 17, 2020; Policy and guidelines on racism and racial discrimination, Ontario Human Rights Commission, Approved by the Commission on June 9, 2005, revised December 2009 (page 12: “A word about terminology”); Racial discrimination, race and racism (fact sheet), Ontario Human Rights Commission (ohrc.on.ca); What we heard – Informing Canada’s Anti-Racism Strategy, Government of Canada (Canada.ca), June 27, 2019 (“Use the right words”). Also see, Ethan Perez, ‘People of color’ are protesting. Here’s what you need to know about this new identity, Washington Post, July 2, 2020; Gene Demby, Why We Have So Many Terms For ‘People of Color’, NPR.org, November 7, 2014; Constance Grady, Why the term ‘BIPOC’ is so complicated, explained by linguists: There is ‘no one size fits all’ language when it comes to talking about race, Vox, June 30, 2020.

[30] Dave McKay (President and CEO at RBC), RBC’s Actions Against Systemic Racism, LinkedIn, July 6, 2020; Policy and guidelines on racism and racial discrimination, Ontario Human Rights Commission, Approved by the Commission on June 9, 2005, revised December 2009.

[31] Grace Ho, S’pore must strengthen social compact, defy the global loss of social cohesion, polarisation and despair: Tharman, The Straits Times, June 17, 2020.

[32] Police Use of Force: An Examination of Modern Policing Practices – Briefing Report, United States Commission on Civil Rights, 2018. Also see, Molly Hayes, Black People more likely to be injured or killed by Toronto Police officers, report finds, Globe and Mail, December 10, 2018; A Collective Impact: Interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, November 2018; A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, August 2020; Sam Francis, Met Police ‘use of force more often’ against black people, BBC News, May 24, 2018; Dunja Mijatovic, Ethnic profiling: a persisting practice in Europe, Council of Europe, September 5, 2019; Nils Muižnieks, Police abuse – a serious threat to the rule of law, Commissioner for Human Rights of the Council of Europe, February 25, 2014; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018.

[33] IBA and IBAHRI call on the US to address racism and police brutality in wake of George Floyd killing, International Bar Association (ibanet.org), June 9, 2020.

[34] US protests: Deep-seated grievances must be addressed – Bachelet, United Nations Human Rights, Office of the High Commissioner (ohchr.org), 2020; US must address deep-seated grievances to move beyond history of racism and violence, UN News (news.un.org), June 3, 2020.

[35] Marina Riera, UN Condemns Systemic Racism, Police Violence: Unanimous Resolution Brings Scrutiny to Global Violations, Human Rights Watch (hrw.org), July 20, 2020.

[36] Rashwan Ray, What does ‘defund the police’ mean and does it have merit?, Brookings, June 19, 2020; Olivia Bowden, Tory tables ‘sweeping’ reforms to Toronto police, including budget reallocation, CBC News, August 11, 2020.

[37] Barbara Armacost, The Organizational Reasons Police Departments Don’t Change, Harvard Business Review, August 19, 2016.

[38] Alison Kosik, Corporate America just gave police reform its blessing, CNN, July 1, 2020. Also see, Marguerite Ward, 200 CEOs from companies like Apple, Amazon, and Walmart just gave Congress their plan for reforming police – and they want it done by August, Business Insider, July 1, 2020; Business Roundtable Calls on Congress to Pass Bipartisan Policing Reform Before August Recess, Business Roundtable (businessroundtable.org), July 1, 2020.

[39] Nick Hurd, Policing is a public service. It must get the basics right, The Telegraph, November 6, 2018.

[40] Kevin Morrell and Ben Bradford, Policing and Public Management: governance, vices and virtues, Routledge, 2019. Also see for example: Alexander Lukashenko is trying to beat protestors into submission, Economist, August 22, 2020 (“…in the reign of terror unleashed last week by Alexander Lukashenko, the dictator who has ruled Belarus for the past quarter century, to put down an uprising that has come close to overthrowing him. Prison guards worked overtime on those who dared to protest against Mr. Lukashenko’s theft of the presidential election on August 9th. Prisoners were forced to kneel with their hands behind their backs for hours in overcrowded cells. Men and women were stripped, beaten and raped with truncheons. “You wanted change, how’s that for change,” went a widely reported refrain. An admirer of Joseph Stalin, Mr. Lukashenko has proved a worthy disciple. The repression was ostentatious: some victims were paraded on state television. By August 19th, at least four people had been killed. The aim was both to terrorise citizens and to bind the regime’s officers by having them commit atrocities together, a tactic used by dictators and mafiosi to prevent defections.”).

[41] United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011. Also see, Honourable Michael H. Tulloch, Report of the Independent Police Oversight Review, Queen’s Printer for Ontario, Ministry of the Attorney General publications (attorneygeneral.jus.gov.on.ca), 2017

[42] United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011.

[43] Inquiry into the external oversight of police corruption and misconduct in Victoria, Parliament of Victoria, Independent Broad-based Anti-corruption Commission Committee, September 2018.

[44] Police Use of Force: An Examination of Modern Policing Practices – Briefing Report, United States Commission on Civil Rights, 2018; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011. Also see, African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018; Honourable Michael H. Tulloch, Report of the Independent Police Oversight Review, Queen’s Printer for Ontario, Ministry of the Attorney General publications (attorneygeneral.jus.gov.on.ca), 2017.

[45] Police Use of Force: An Examination of Modern Policing Practices – Briefing Report, United States Commission on Civil Rights, 2018; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011. Also see, African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018.

[46] Honourable Michael H. Tulloch, Report of the Independent Police Oversight Review, Queen’s Printer for Ontario, Ministry of the Attorney General publications (attorneygeneral.jus.gov.on.ca), 2017

[47] Jim Murdoch and Ralph Roche, The European Convention on Human Rights and Policing: A Handbook for police officers and other law enforcement officials, Council of Europe Publishing, 2013; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011; Code of Conduct for Law Enforcement Officials, United Nations (adopted by General Assembly resolution 34/169 of 17 December 1979); Honourable Michael H. Tulloch, Report of the Independent Police Oversight Review, Queen’s Printer for Ontario, Ministry of the Attorney General publications (attorneygeneral.jus.gov.on.ca), 2017.

[48] Nick Hurd, Policing is a public service. It must get the basics right, The Telegraph, November 6, 2018.

[49] Inquiry into the external oversight of police corruption and misconduct in Victoria, Parliament of Victoria, Independent Broad-based Anti-corruption Commission Committee, September 2018.

[50] Police Use of Force: An Examination of Modern Policing Practices – Briefing Report, United States Commission on Civil Rights, 2018. Also see, Molly Hayes, Black People more likely to be injured or killed by Toronto Police officers, report finds, Globe and Mail, December 10, 2018; A Collective Impact: Interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, November 2018; A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, August 2020; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018; John Doyle, Above the Law: CBC doc is a searing indictment of one Canadian police force, Globe and Mail, July 10, 2020; Thomas Rohner, Nunavut’s high rate of police-related deaths ‘obviously work looking into’, says data expert, CBC, July 13, 2020; Sam Francis, Met Police ‘use of force more often’ against black people, BBC News, May 24, 2018; Dunja Mijatovic, Ethnic profiling: a persisting practice in Europe, Council of Europe, September 5, 2019; Nils Muižnieks, Police abuse – a serious threat to the rule of law, Commissioner for Human Rights of the Council of Europe, February 25, 2014.

[51] Donna Yawching, How to end the impunity that infects policing, Globe and Mail, July 10, 2020.

[52] Liane Jackson, Could this be America’s tipping point?, ABA Journal, August 1, 2020.

[53] Eric Sigurdson, Corporate Misconduct and the Normalization of Deviance: leadership, corporate culture and the pathway to organizational integrity, Sigurdson Post, March 31, 2018.

[54] Mary Eleanor Wickersham, Spotlight on Police Culture: Real change in a policing organizations can derive from changes in organizational culture, International City/County Management Association (ICMA.org), February 16, 2016.

[55] Felice Gray-Kemp, April Miller Boise, and Ernest Tuckett, Curing the Corporate Racism Pandemic – 5 Actions for Companies to Take Now, The National Law Journal, July 15, 2020.

[56] Tanzina Vega, For affluent blacks, wealth doesn’t stop racial profiling, CNN Business, July 14, 2016; Dawn Butler: MP calls for ‘system change’ after police stop, BBC News, August 10, 2020; Marc Santora, London Police Stop Star Athletes, Setting Off Racial Profiling Debate, New York Times, July 7, 2020; Emily Dugan, Nurse claims Met police wrongfully arrested her because she is black, Guardian, June 18, 2020; Rianna Croxford, Black Met Police inspector ‘racially harassed’ by officers, BBC News, August 18, 2020; Cathal Kelly, The body cam video of Masai Ujiri’s NBA Finals encounter with a cop will only further erode public trust in police, Globe and Mail, August 19, 2020; Andray Domise, The racial profiling of Masai Ujiri: Police violence, media complicity and how the Toronto Raptors’ proudest moment became another piece of evidence, Maclean’s, June 17, 2019; Canadian Press, Masai Ujiri alleges he was assaulted by deputy at NBA Finals, CBC, April 3, 2020; Raptors’ Masai Ujiri countersues: video shows officer initiated shoving in 2019 NBA Finals aftermath, ESPN, August 18, 2020.

[57] Morgan Campbell, Masai Ujiri appears to only be guilty of celebrating while Black, CBC, August 19, 2020.

[58] A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, August 2020.

[59] Donna Yawching, How to end the impunity that infects policing, Globe and Mail, July 10, 2020.

[60] Richard Robinson, I know first-hand why the legal industry has a diversity problem, The Telegraph, June 25, 2020.

[61] Josh Campbell, After weeks of protests, meaningful police reform appears unlikely, CNN, June 28, 2020; Jacob Pramuk, How the U.S. could reform police in response to protests against brutality and racism, CNBC, June 11, 2020; Joan Greve, US police reform bills unlikely to pass amid partisan divide despite calls for change, The Guardian, June 23, 2020.

[62] Police Reform, Business Roundtable (businessroundtable.org), 2020; Business Roundtable Calls on Congress to Pass Bipartisan Policing Reform Before August Recess, Business Roundtable (businessroundtable.org), July 1, 2020.

[63] The power of protest and the legacy of George Floyd, The Economist, June 11, 2020; Tyler Dawson, A city-by-city breakdown of how Canadians want to defund the police, National Post, July 10, 2020. Also see, John Rice, The Difference Between First-Degree Racism and Third-Degree Racism, The Atlantic, June 21, 2020; Francesca Gino, Why It’s Hard to Speak Up Against a Toxic Culture, Harvard Business Review, May 21, 2018; Phillip Atiba Goff on reducing racial discrimination in policing: America is reforming all areas of policing but needs better data to do it well, The Economist, June 19, 2020; Jared Lindzon, Canadians are increasingly seeking stances on social issues from their employers, Globe and Mail, August 7, 2020; Rashwan Ray, What does ‘defund the police’ mean and does it have merit?, Brookings, June 19, 2020; Olivia Bowden, Tory tables ‘sweeping’ reforms to Toronto police, including budget reallocation, CBC News, August 11, 2020; Tara Deschamps, ‘The data is bad’: Black and racialized Canadians lacking on boards, study finds, Globe and Mail, August 6, 2020; Jessica Guynn and Brent Schroetenboer, Why are there still so few Black executives in America?, USA Today, August 20, 2020.

[64] Rashwan Ray, What does ‘defund the police’ mean and does it have merit?, Brookings, June 19, 2020; Josiah Bates and Karl Vick, America’s Policing System Is Broken. It’s Time to Radically Rethink Public Safety, Time, August 6, 2020.

[65] Police Reform, Business Roundtable (businessroundtable.org), 2020; Business Roundtable Calls on Congress to Pass Bipartisan Policing Reform Before August Recess, Business Roundtable (businessroundtable.org), July 1, 2020.

[66] Zanny Minton Beddoes, Editor-In-Chief, The Economist this week: Highlights from the latest issue, The Economist, June 11, 2020.

[67] The killing of George Floyd has sparked global soul-searching, The Economist, June 11, 2020; The power of protest and the legacy of George Floyd, The Economist, June 11, 2020.

[68] Fernando Garcia, Time for change: There are many ways in which lawyers can move the needle toward inclusion, says Fernando Garcia, Canadian Lawyer, June 19, 2020.

[69] Molly Hayes, Black People more likely to be injured or killed by Toronto Police officers, report finds, Globe and Mail, December 10, 2018; A Collective Impact: Interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, November 2018;  Inayat Singh, 2020 already a particularly deadly year for people killed in police encounters, CBC research shows, CBC News, July 23, 2020; A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, August 2020.

[70] The killing of George Floyd has sparked global soul-searching, The Economist, June 11, 2020; The power of protest and the legacy of George Floyd, The Economist, June 11, 2020; Racism in Australia is not just a thing of the past, The Economist, June 20, 2020; Richard Allen Greene, Britain’s big race divide: CNN poll shows what Black Britons have long known – from policing to politics, their country has failed them, CNN, June 22, 2020; Laura Smith-Spark, Nima Elbagir and Barbara Arvanitidis, ‘The greatest trick racism ever pulled was convincing England it doesn’t exist’: How Britain failed to deal with systemic racism, CNN, June 22, 2020; Katie O’Malley, How Black Lives Matter Protests Have Changed the World. A Month After George Floyd’s Death, Elle, June 25, 2020; Mark Engler, How Mass Protests End, The Atlantic, July 5, 2020; Suyin Haynes, As Protestors Shine a Spotlight on Racial Injustice in America, The Reckoning is Going Global, Time, June 11, 2020; Billy Perrigo, Crowds Protest in New Zealand against George Floyd’s Death and Police Brutality Against Indigenous Communities, Time, June 1, 2020; Billy Perrigo, ‘The U.K. Is Not Innocent.’ George Floyd Protests Spark Anti-Racism Demonstrations Across Britain, Time, June 8, 2020; Yassmin Abdel-Magied, Why the Protests in the U.S. Are an Awakening for Non-Black People Around the World, Time, June 5, 2020; Bigotry against black people poisons the Arab world, too: Protests in America have shone a new light on an old problem, The Economist, July 23, 2020; Nils Muižnieks, Police abuse – a serious threat to the rule of law, Commissioner for Human Rights of the Council of Europe, February 25, 2014.

[71] Olivia Bowden, Dozens of organizations condemn OPP for no charges laid in the death of a mentally ill man, CBC, August 14, 2020; Shanifa Nasser, A mentally ill man died after a run-in with jail guards on 2016. Now Ontario police say no one will be charged, CBC, August 5, 2020.

[72] John Doyle, Above the Law: CBC doc is a searing indictment of one Canadian police force, Globe and Mail, July 10, 2020.

[73] Ruth Marcus, If you don’t believe system racism is real, explain these statistics, Washington Post, June 12, 2020.

[74] Eduardo Reyes, It’s black and white, Law Society Gazette (lawgazette.co.uk), June 29, 2020. Also see, Robert Booth, ‘Institutional racism’: 20 years since Stephen Lawrence inquiry, The Guardian, February 22, 2019; Nadine El-Enany and Eddie Bruce-Jones, Justice, Resistance and Solidarity: Race and Policing in England and Wales, Runnymede, 2015.

[75] The killing of George Floyd has sparked global soul-searching, The Economist, June 11, 2020; The power of protest and the legacy of George Floyd, The Economist, June 11, 2020; Racism in Australia is not just a thing of the past, The Economist, June 20, 2020; Richard Allen Greene, Britain’s big race divide: CNN poll shows what Black Britons have long known – from policing to politics, their country has failed them, CNN, June 22, 2020; Laura Smith-Spark, Nima Elbagir and Barbara Arvanitidis, ‘The greatest trick racism ever pulled was convincing England it doesn’t exist’: How Britain failed to deal with systemic racism, CNN, June 22, 2020; Katie O’Malley, How Black Lives Matter Protests Have Changed the World. A Month After George Floyd’s Death, Elle, June 25, 2020.

[76] John Blake, Our country is in chaos. But it’s a great time to be an American, CNN, July 4, 2020.

[77] The killing of George Floyd has sparked global soul-searching, The Economist, June 11, 2020; The power of protest and the legacy of George Floyd, The Economist, June 11, 2020; Racism in Australia is not just a thing of the past, The Economist, June 20, 2020; Richard Allen Greene, Britain’s big race divide: CNN poll shows what Black Britons have long known – from policing to politics, their country has failed them, CNN, June 22, 2020; Laura Smith-Spark, Nima Elbagir and Barbara Arvanitidis, ‘The greatest trick racism ever pulled was convincing England it doesn’t exist’: How Britain failed to deal with systemic racism, CNN, June 22, 2020; Katie O’Malley, How Black Lives Matter Protests Have Changed the World. A Month After George Floyd’s Death, Elle, June 25, 2020.

[78] Gareth Hutchens, Black Lives Matter protestors have unwittingly recorded the single largest outbreak of police brutality in US History, Australian Broadcasting Corporation (ABC.net.au), June 7, 2020.

[79] Richard Allen Greene, Britain’s big race divide: CNN poll shows what Black Britons have long known – from policing to politics, their country has failed them, CNN, June 22, 2020; Emily Ekins, Policing in America: Understanding Public Attitudes Toward the Police. Results from a National Survey, CATO Institute, December 7, 2016; Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003; Joel Miller, Robert Davis, Nicole Henderson, John Markovic, and Christopher Ortiz, Public Opinions of the Police: The Influence of Friends, Family and News Media, Vera Institute of Justice, National Criminal Justice Reference Service (NCJRS.gov), May 2004; Kirsten Weir, Policing in black & white, American Psychological Association (apa.org), Vol. 47, No. 11, December 2016; Akwasi Owusu-Bempah, Black Males’ Perceptions of and Experiences with the Police in Toronto, Thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy, Centre for Criminology and Sociolegal Studies, University of Toronto, 2014; P.R. Lockhart, Living While Black and the criminalization of blackness, Vox, August 1, 2018; Dr. Scot Wortley (Professor, University of Toronto), Police Use of Force in Ontario: An Examination of Data From the Special Investigations Unit – Final Report to the Ipperwash Inquiry, African Canadian Legal Clinic, 2006; Laura Smith-Spark, Nima Elbagir and Barbara Arvanitidis, ‘The greatest trick racism ever pulled was convincing England it doesn’t exist’: How Britain failed to deal with systemic racism, CNN, June 22, 2020;

[80] How to fix American policing: The country’s forces kill too many of those they serve. Here is how to change that, The Economist, June 4, 2020.

[81] Stuart Schrader, When police treat protestors like insurgents, sending in troops seems logical, Washington Post, June 4, 2020; Alex Altman, Why the Killing of George Floyd Sparked an American Uprising, Time, June 4, 2020; Stephanie Taylor, Former Saskatchewan Highway Patrol chief was fired over buying equipment like silencers, province says, Globe and Mail, June 26, 2020; Tom Nolan, Militarization has fostered a policing culture that sets up protestors as ‘the enemy’, The Conversation, June 2, 2020; Kevin Walby, Rise of the SWAT team: Routine police work in Canada is now militarized, The Conversation, January 24, 2018; Martin Innes, The police are being militarised – should we be worried?, The Conversation, September 9, 2016; Antony Funnell, Why the creeping militarisation of our police has experts worried, ABC News (abc.net.au), September 19, 2019; Matt Reynolds, Do police drones foster trust or threaten civil rights and privacy?, ABA Journal, June 1, 2020; Casey Delehanty, Jack Mewhirter, Ryan Welch, and Jason Wilks., Militarization and police violence: The case of the 1033 program, Research & Politics, Vol. 4, Issue 2, 2017; Liane Jackson, Could this be America’s tipping point?, ABA Journal, August 1, 2020.

[82] Alex Altman, Why the Killing of George Floyd Sparked an American Uprising, Time, June 4, 2020.

[83] How to fix American policing: The country’s forces kill too many of those they serve. Here is how to change that, The Economist, June 4, 2020.

[84] Cleve Wootson Jr. and Mark Berman, U.S. police chiefs blast Trump for endorsing ‘police brutality’, July 30, 2017. Also see, Brandon Patterson, The Police Department Cheering on Trump’s Call for Excessive Force is Already under Federal Oversight for Discrimination, Mother Jones, July 28, 2017; Alexander Lukashenko is trying to beat protestors into submission, Economist, August 22, 2020 (“…in the reign of terror unleashed last week by Alexander Lukashenko, the dictator who has ruled Belarus for the past quarter century, to put down an uprising that has come close to overthrowing him. Prison guards worked overtime on those who dared to protest against Mr. Lukashenko’s theft of the presidential election on August 9th. Prisoners were forced to kneel with their hands behind their backs for hours in overcrowded cells. Men and women were stripped, beaten and raped with truncheons. “You wanted change, how’s that for change,” went a widely reported refrain. An admirer of Joseph Stalin, Mr. Lukashenko has proved a worthy disciple. The repression was ostentatious: some victims were paraded on state television. By August 19th, at least four people had been killed. The aim was both to terrorise citizens and to bind the regime’s officers by having them commit atrocities together, a tactic used by dictators and mafiosi to prevent defections.”).

[85] Ryan Devereaux, Police Attacks on Protestors are Rooted in a Violent Ideology of Reactionary Grievance, The Intercept, June 6, 2020.

[86] Ryan Devereaux, Police Attacks on Protestors are Rooted in a Violent Ideology of Reactionary Grievance, The Intercept, June 6, 2020.

[87] Stuart Schrader, When police treat protestors like insurgents, sending in troops seems logical, Washington Post, June 4, 2020; Tom Nolan, Militarization has fostered a policing culture that sets up protestors as ‘the enemy’, The Conversation, June 2, 2020; John Culver, Wisconsin protestors rally for second night against ‘shocking and outrageous’ police shooting of Jacob Blake, USA Today, August 24, 2020.

[88] Gareth Hutchens, Black Lives Matter protestors have unwittingly recorded the single largest outbreak of police brutality in US History, Australian Broadcasting Corporation (ABC.net.au), June 7, 2020; Allison McCann, Blacki Migloozzi, Andy Newman, Larry Buchanan, and Aaron Byrd, N.Y.P.D. Says It Used Restraint During Protests. Here’s What the Videos Show, New York Times, July 14, 2020; Anthony Fisher, The police rioted, and there was a lot of video, Business Insider, July 16, 2020; Anthony Fisher, Police rioted, justifying the point of the protests, Business Insider, June 1, 2020; How to fix American policing: The country’s forces kill too many of those they serve. Here is how to change that, The Economist, June 4, 2020; Alex Altman, Why the Killing of George Floyd Sparked an American Uprising, Time, June 4, 2020; N’dea Yancey-Bragg, Kristine Phillips, and Lindsay Schnell, ‘Secret police force’: Feds reportedly pull Portland protestors into unmarked vehicles, stirring outrage, USA Today, July 17, 2020; Jake Johnson, After Trump Deploys Secret Police in Portland, ‘Imagine What Happens If He Gets Four More Years’, Common Dreams, July 17, 2020; T.C. Sotek, Caught on camera, police explode in rage and violence across the US, The Verge, May 31, 2020; Associated Press, Video of Buffalo police shoving 75-year-old man sparks outrage, CBC, June 5, 2020; Kimberly Kindy, Shayna Jacobs, and David Fahrenthold, In protests against police brutality, videos capture more alleged police brutality, Washington Post, June 5, 2020.

[89] Jim Newell, Peaceful Protestors Tear-Gassed and Beaten Outside White House to Clear Space for a Trump Photo-Op, Slate, June 1, 2020; Tom Gjelten, Peaceful Protestors Tear-Gassed To Clear Way For Trump Church Photo-Op, NPR, June 1, 2020; Zack Beauchamp, Officers fire tear gas on peaceful protestors to clear the way for Trump’s photo op, Vox, June 1, 2020; Ashley Parker, Josh Dawsey, and Rebecca Tan, Inside the push to tear-gas protestors ahead of a Trump photo op, Washington Post, June 1, 2020; Jordyn Phelps and Ben Gittleson, Trump praises ‘overwhelming force’ and ‘domination’ in DC morning after peaceful protest broken up for photo op, ABC News, June 3, 2020; Katie Rogers, Protestors Dispersed With Tear Gas So Trump  Could Pose at Church, New York Times, June 1, 2020; Kevin Liptak, Alex Marqauardt, Evan Perez, David Shortell, and Jeremy Diamond, 60 minutes of mayhem: How aggressive politics and policing turned a peaceful protest into a violent confrontation, CNN, June 2, 2020. Also see, Associated Press, Chair of U.S. Joint Chiefs of Staff regrets walking with Trump for church photo-op, CBC, June 11, 2020; Joan Greve and Julian Borger, Top US military general Mark Milley apologizes for Trump church photo-op, Guardian, June 11, 2020; Jeffrey Goldberg, James Mattis Denounces President Trump, Describes Him as a Threat to the Constitution, The Atlantic, June 3, 2020; Dan Lamothe, Jim Mattis blasts Trump in Message that defends protestors, says president ‘tries to divide us’, Washington Post, June 3, 2020.

[90] Alex Emmons, National Guard Major Calls Assault On D.C. Protestors “Deeply Disturbing”, The Intercept, July 28, 2020; John Haltiwanger, National Guard commander says Park Police used ‘excessive’ force against peaceful protestors for Trump’s Bible photo-op, Business Insider, July 27, 2020; Tom Jackman and Carol Leonnig, National Guard Officer says police suddenly moved on Lafayette Square protestors, used ‘excessive force’ before Trump visit, Washington Post, July 27, 2020; Gregory Wallace, National Guard major will dispute top administration officials over decision to clear protestors near White House, CNN, July 27, 2020.

[91] N’dea Yancey-Bragg, Kristine Phillips, and Lindsay Schnell, ‘Secret police force’: Feds reportedly pull Portland protestors into unmarked vehicles, stirring outrage, USA Today, July 17, 2020; Katie Shepherd and Mark Berman, ‘It was like being preyed upon’: Portland protestors say federal officers in unmarked vans are detaining them, Washington Post, July 17, 2020; Peter Weber, Unidentified federal agents in camo and rented minivans are grabbing people off Portland’s streets, The Week, July 17, 2020; Jonaathan Levinson and Conrad Wilson, Federal Law Enforcement Use Unmarked Vehicles To Grab Protestors Off Portland Streets, Oregon Public Broadcasting (OPB.org), July 16, 2020; Tal Axelrod, ACLU files lawsuit over federal agents in Portland, The Hill, July 17, 2020; Mary Papenfuss, Oregon Senators Demand Probe Into ‘Paramilitary Assaults’ By ‘Occupying Army’, Huffington Post, July 17, 2020; Andrew Selsky and Gillian Flaccus, Portland mayor, others call on Trump to pull U.S. troops from city amid protests, Associated Press, July 18, 2020; Amir Vera, Konstantin Toropin, and Josh Campbell, US Attorney requests DHS investigation after video shows masked, camouflaged federal authorities arresting protestors in Portland, CNN, July 18, 2020; Igor Derysh, ‘They’re kidnapping people’: ‘Trump’s secret police’ snatch Portland protestors into unmarked vans, Salon, July 17, 2020; Portland Mayor demands US President Trump withdraws trrops after officers accused of ‘kidnapping’ protestors, ABC News (abc.net.au), July 17, 2020; Jake Johnson, After Trump Deploys Secret Police in Portland, ‘Imagine What Happens If He Gets Four More Years’, Common Dreams, July 17, 2020; Madeleine Aggeler, What the Hell is Happening in Portland?, The Cut, July 20, 2020; Mike Baker, Federal Officers Hit Portland Mayor With Tear Gas, New York Times, July 23, 2020; Tess Riski and Karina Brown, Portland Mayor Ted Wheeler Gets Tear Gassed Amid a Skeptical Crowd of Protestors, Willamette Week, July 23, 2020.

[92] Hamed Aleaziz, ‘Disturbing and Demoralizing’: DHS Employees Are Worried the Portland Protest Response Is Destroying their Agency’s Reputation, BuzzFeedNews, July 21, 2020; Rhea Mahbubani, DHS employees say Trump deploying federal agents to Portland is a ‘blatantly unconstitutional embarrassment’, Business Insider, July 22, 2020. Also see, Editorial Board, Federal Agents Don’t Need Army Fatigues, New York Times, July 31, 2020.

[93] Mike Baker, Thomas Fuller, and Shane Goldmacher, Cities in Bind as Turmoil Spreads Far Beyond Portland, New York Times, July 26, 2020; Eric Levitz, Trump Wanted His Portland Policy to Backfire – But Not Like This, Intelligencer, July 27, 2020; Gary Mason, The U.S. is burning – and Donald Trump is the gleeful arsonist-in-chief, Globe and Mail, July 28, 2020; Alex Woodward, Barr grilled over unleashing federal agents on BLM activists but not’ white men with swastikas’ threatening to kill governor, Independent.co.uk, July 29, 2020.

[94] Marissa Lang, A Navy vet asked federal officers in Portland to remember their oaths. Then they broke his hand, Washington Post, July 20, 2020; Deborah Bloom, Navy veteran says he was beaten ‘like a punching bag’ in Portland, Reuters, July 20, 2020; Mary Papenfuss, Navy Vet ‘Man of Steel’ Faces Down Vicious Trump Squad in Shocking Portland Video, Huffington Post, July 20, 2020; Zachary Wolf, Trump’s ‘law and order’ is starting to look like martial law, CNN, July 20, 2020; Jerry Lambe, ‘Secret Police in Our Streets’: Camouflaged Federal Officers in Unmarked Vanss Arrest Protestors in Portland, Law & Crime, July 17, 2020; Kyron Huigens, Trump’s Legal Justification for the Abduction of Portland Protestors Is Absurd, Slate, July 20, 2020; Jessica Corbett, Trump Threat to Unleash Secret Police in Other US Cities Slammed as Scheme to ‘Steal the November Election’, Common Dreams, July 20, 2020; Marissa Lang, What choice do we have?: Portland’s ‘Wall of Moms’ Faces off with federal officers at tense protests, Washington Post, July 22, 2020; Chris McGreal, ‘I wanted to take action’: behind the ‘Wall of Moms’ protecting Portland’s protestors, The Guardian, July 21, 2020; Meaghan Wray, Wall of Moms: Mothers form human shield to protect Portland protestors, Global News, July 22, 2020; Women form ‘Wall of Moms’ to protect protestors after Trump sends troops into Portland, CBC Radio, The Current, July 21, 2020; Hilary Hanson, ‘Wall of Vets’ Forms To Protect Portland Protestors Amid Federal Crackdown, Huffington Post, July 25, 2020; Mike Baker, A ‘Wall of Vets’ Joins the Front Lines of Portland Protests, New York Times, July 25, 2020; Konstantin Toropin, Conor Powell, and Josh Campbell, Policing tactics under fire as video shows medics in Portland getting shoved to the ground, CNN, July 24, 2020; Hallie Golden, ‘That’s an illegal order’: veterans challenge Trump’s officers in Portland, The Guardian, July 25, 2020.

[95] Allison McCann, Blacki Migloozzi, Andy Newman, Larry Buchanan, and Aaron Byrd, N.Y.P.D. Says It Used Restraint During Protests. Here’s What the Videos Show, New York Times, July 14, 2020; Liz Szabo, Jay Hancock, Kevin McCoy, Donovan Slack and Dennis Wagner, Fractured skulls, lost eyes: Police break their own rules when shooting protestors with ‘rubber bullets’, USA Today, June 22, 2020.

[96] N’dea Yancey-Bragg, Kristine Phillips, and Lindsay Schnell, ‘Secret police force’: Feds reportedly pull Portland protestors into unmarked vehicles, stirring outrage, USA Today, July 17, 2020; Tal Axelrod, ACLU files lawsuit over federal agents in Portland, The Hill, July 17, 2020; Rebecca Ellis, ACLU Adds Federal Agencies To Lawsuit Against Portland Police, Oregon Public Broadcasting (OPB.org), July 17, 2020; Erik Ortiz, Kurt Chirbas, Michael Kosnar, and Andrew Blankstein, Protestors in Portland, Oregon, clash with police, federal officers during chaotic night, NBC News, July 17, 2020. Also see, Marc Tracy, ACLU Sues Minneapolis, Claiming Police Tactics Violated Freedom of Press, New York Times, June 3, 2020; Katelyn Burns, Police targeted journalists covering the George Floyd protests, Vox, May 31, 2020; Paul Farhi and Elahe Izadi, ‘The norms have been broken’: Shock as journalists are arrested, injured by police while trying to cover the story, Washington Post, May 31, 2020; Richard Karpel, Targeting of journalists by police must end, Reno Gazette Journal, June 4, 2020; Miriam Lafontaine, Investigation: Montreal journalists face police intimidation, brutality when reporting at protests, Richochet.media, June 2, 2020; Increase in violence against journalists covering protests across Europe, International Press Institute, May 11, 2020; Valeria Costa-Kostrisky, Index on Censorship Report: Targeting the messenger: Journalists on the frontline of protests, MappingMediaFreedom.org, 2020; Rachel Abrams and Katie Robertson, Australia Asks for Investigation After Police Attack 2 Journalists in U.S., New York Times, June 2, 2020. Also see, Ronald Brownstein, Trump is Determined to Split Country in Two, The Atlantic, July 22, 2020 (“Philadelphia’s district attorney, Larry Krasner, even warned that he would seek to prosecute federal agents who “unlawfully” target protesters”.)

[97] Anthony Fisher, The police rioted, and there was a lot of video, Business Insider, July 16, 2020.

[98] Jeffrey Goldberg, James Mattis Denounces President Trump, Describes Him as a Threat to the Constitution, The Atlantic, June 3, 2020.

[99] David Tanovich, The Charter of Whiteness: Twenty-Five Years of Maintaining Racial Injustice in the Canadian Justice System, The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference, Vol. 40, Issue 1, Article 21, 2008. Also see, A Collective Impact: Interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, November 2018; A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service, Ontario Human Rights Commission, August 2020; Policy and guidelines on racism and racial discrimination, Ontario Human Rights Commission, Approved by the Commission on June 9, 2005, revised December 2009.

[100] David Moscrop, Can democracy survive the coronavirus?, Maclean’s, April 1, 2020.

[101] Hans Petter Graver, Judges Against Justice: On Judges When the Rule of Law is Under Attack, Springer, 2015. Also see, Timothy Snyder, On Tyranny: Twenty Lessons from the Twentieth Century, Tim Duggan Books, 2017.

[102] Pankaj Mishra, The west’s self-proclaimed custodians of democracy failed to notice it rotting away, The Guardian, September 20, 2019.

[103] The Decline of Democracy and the Rule of Law: How to Preserve the Rule of Law and Judicial Independence, Remarks of the Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada, Supreme Court of Canada (scc-csc.ca), September 28, 2017.

[104] Kevin Morrell and Ben Bradford, Policing and Public Management: governance, vices and virtues, Routledge, 2019.

[105] Kay Jones and Leah Asmelash, Louisiana Supreme Court upholds Black man’s life sentence for stealing hedge clippers more than 20 years ago, CNN, August 6, 2020. Also see, Laurel Wamsley, Louisiana Supreme Court Won’t Review Life Sentence for Man Who Stole Hedge Clippers, NPR, August 5, 2020; Teo Armus, He got life for stealing hedge clippers. The Louisiana Supreme Court says it’s a fair sentence, Washington Post, August 5, 2020; Amanda Hopuch, Louisiana court upholds black man’s life sentence for trying to steal hedge clippers, The Guardian, August 7, 2020; Louisiana Supreme Court upholds Black man’s life sentence for stealing hedge clippers, The Miami Times, August 12, 2020; Luke Kenton, Five white Louisiana judges Uphold life sentence of black man, 62, who was convicted of stealing pair of hedge clippers over 20 years ago as the only justice to oppose it blasts the law for being designed ‘to re-enslave African Americans’, Daily Mail, August 7, 2020.

[106] Arch Puddington and Tyler Roylance, Freedom in the World 2017: Populists and Autocrats: The Dual Threat to Global Democracy, Freedom House, 2018; The Decline of Democracy and the Rule of Law: How to Preserve the Rule of Law and Judicial Independence?, Remarks of the Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada, September 28, 2017.

[107] Thomas Edsall, 2020 Is the Struggle Between Racial Liberalism and Racial Conservatism, New York Times, August 19, 2020; Ronald Brownstein, Just How Far Will Trump Go?: The president has dramatically accelerated the pace of his efforts to weaponize the federal government to his advantage, The Atlantic, August 14, 2020; David Robles, How to De-Weaponize Racism, MelaninBaseCamp.com, June 25, 2020; Paul Krugman, Trump Takes Us to the Brink: Will weaponized racism destroy America?, New York Times, June 1, 2020; Mohammad-Mahmoud Ould Mohamedou and Davide Rodogno, Debate: Welcome to the new-old global age of weaponized racism, The Conversation, November 20, 2019.

[108] Olivia Waxman, Trump Declared Himself the ‘President of Law and Order’. Here’s What People Get Wrong About the Origins of That Idea, Time, June 2, 2020; Leanne McKay, Toward a Rule of Law Culture: Exploring effective response to justice and security challenges, United States Institute of Peace, 2015. Also see, Ely Aaronson, From Slave Abuse to Hate Crime: The Criminalization of Racial Violence in American History, Cambridge University Press, 2014.

[109] Amna Akbar, The Left is Remaking the World, New York Times, July 11, 2020.

[110] Leanne McKay, Toward a Rule of Law Culture: Exploring effective response to justice and security challenges, United States Institute of Peace, 2015.

[111] See generally: The Global State of Democracy: Exploring Democracy’s Resilience, International Institute for Democracy and Electoral Assistance (idea.int), November 2017; 2020 Edelman Trust Barometer: Executive Summary, Edelman.com, January 19, 2020; 2020 Edelman Trust Barometer, Edelman.com, January 19, 2020.

[112] Adam Serwer, Trump Gave Police Permission to Be Brutal, The Atlantic, June 3, 2020.

[113] Adam Serwer, Trump Gave Police Permission to Be Brutal, The Atlantic, June 3, 2020. Also see, David Ignatius, Trump’s ‘law and order’ is a code for maintaining personal power, Washington Post, July 14, 2020; Olivia Waxman, Trump Declared Himself the ‘President of Law and Order’. Here’s What People Get Wrong About the Origins of That Idea, Time, June 2, 2020.

[114] Kevin Wack, American Justice Isn’t Impartial Anymore: The Trump administration has been slowly eroding the independence of the Justice Department, The Atlantic, February 12, 2020.

[115] Eric Sigurdson, The Decline of the Rule of Law: Experiencing the Unimaginable in Western Society – the impact of economic and social inequality in the 21^st century, Sigurdson Post, April 26, 2020.

[116] Doyle McManus, Column: Trump’s war on the rule of law, Los Angeles Times, November 27, 2019. Also see, Jeffrey Meyers, Trump and Johnson are leading the attack against the rule of law, The Conversation, November 12, 2019; Robert Reich, Trump’s Assault on the Rule of Law, The American Prospect, November 27, 2018; Joel Mathis, The rule of law is dead, The Week, February 12, 2020; Jonathan Chait, The Rule of Law is Crumbling further each day Under Trump, New York Magazine, June 11, 2018.

[117] Matthew Yglesias, American democracy is doomed, Vox, October 8, 2015; David Moss, Fixing What’s Wrong with U.S. Politics, Harvard Business Review, March 2012.

[118] The economic inequality perspective — emphasizes the consequences for electoral behavior arising from profound changes transforming the workforce and society in post-industrial economies. There is overwhelming evidence of powerful trends toward greater income and wealth inequality in the West, based on the rise of the knowledge economy, technological automation, and the collapse of manufacturing industry, global flows of labor, goods, peoples, and capital (especially the inflow of migrants and refugees), the erosion of organized labor, shrinking welfare safety-nets, and neo-liberal austerity policies.  According to this view, rising economic insecurity and social deprivation among the left-behinds has fueled popular resentment of the political classes. This situation is believed to have made the less secure strata of society – low-waged unskilled workers, the long-term unemployed, households dependent on shrinking social benefits, residents of public housing, single-parent families, and poorer white populations living in inner-city areas with concentrations of immigrants– susceptible to the anti-establishment, nativist, and xenophobic scare-mongering exploited of populist movements, parties, and leaders, blaming ‘Them’ for stripping prosperity, job opportunities, and public services from ‘Us’. [Ronald Inglehart and Pippa Norris, Trump, Brexit, and the Rise of Populism: Economic Have-Nots and Cultural Backlash, Harvard Kennedy School of Government, HKS Faculty Research Working Paper Series, August 2016]. Also see, Suresh Naidu, Eric Posner, and Glen Weyl, More and more companies have monopoly power over workers’ wages. That’s killing the economy, Vox, April 6, 2018; Dion Rabouin, 10 myths about the racial wealth gap, Axios, July 23, 2020.

[119] Caitlin Zaloom, Does the U.S. Still Have a ‘Middle Class’?: White-collar work today is fundamentally insecure, The Atlantic, November 4, 2018; Stephen Harper, Populism’s rise points to real problems in our world. We ignore them at our peril, Globe and Mail, October 6, 2018; Eric Sigurdson, Corporate Strategy and Geopolitical Risk in a G-Zero World: Inequality, Polarized Democracies, and the shifting economic and political landscape, Sigurdson Post, May 31, 2018.

[120] Rana Dasgupta, The demise of the nation state, The Guardian, April 5, 2018. Also see, Hilary Matfess and Michael Miklaucic (editors), Beyond Convergence: World Without Order, Center for Complex Operations at National Defense University, 2016 (see, Chapter 2, Nils Gilman, The Twin Insurgencies: Plutocrats and Criminals Challenge the Westphalian State, etc).

[121] Gary Lander, 63% support Black Lives Matter as recognition of discrimination jumps: Poll, ABC News, July 21, 2020.

[122] Katie Dangerfield, More Canadians say racism is a ‘serious problem’ today than 1 year ago: Ipsos poll, Global News, July 24, 2020.

[123] Stephen Losey, Goldfein: ‘Every American should be outraged’ at police misconduct in death of George Floyd, Air Force Times, June 2, 2020.

[124] Jonathan Jackson, Ben Bradford, Mike Hough, and K. Murray, Compliance with the Law and Policing by Consent: Notes on Police and Legal Legitimacy (chapter 2), In Adam Crawford and Anthea Hucklesby (eds), Legitimacy and Compliance in Criminal Justice, Routledge, 2013; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011; Kevin Morrell and Ben Bradford, Policing and Public Management: governance, vices and virtues, Routledge, 2019; Module 5: Police Accountability, Integrity and Oversight, Topic one – Policing in democracies and the need for accountability, integrity, oversight, in E4J University Module Series: Crime Prevention and Criminal Justice, UNODC (unodc.org), July 2019; Policing Vision 2025, Association of Police and Crime Commissioners & National Police Chiefs’ Council (npcc.police.uk), 2016; Marnie Clark, Rebecca Davidson, Vanessa Hanrahan, and Norman Taylor, Public trust in policing: a global search for the genetic code to inform policy and practice in Canada, Journal of Community Safety and Well-Being, Vol. 2, Issue 3, 2017; Debo Adegbile, Policing Through an American Prism, The Yale Law Journal, Vol. 126, No. 7, 2017; Omeed Ilchi and James Frank, Public servants or soldiers? A test of the police-military equivalency hypothesis, Journal of Crime and Justice, Vol. 43, Issue 2, 2020. Also see, Christopher Murphy, ‘Securitizing’ Canadian Policing: A New Policing Paradigm for the Post 9/11 Security State?, Canadian Journal of Sociology, Vol. 32, No. 4, 2007; Amanda Taub, Police the Public, or Protect It? For a U.S. in Crisis, Hard Lessons From Other Countries, New York Times, June 11, 2020.

[125] Daniel DiSalvo, Tired of Bad Cops? First, look at their labor unions, Washington Post, June 3, 2020; Professor Stephen Rushin, Police Disciplinary Appeals, University of Pennsylvania Law Review, Vol. 167, No. 3, February 2019. Also see, James Surowiecki, Why Are Police Unions Blocking Reform?, New Yorker, September 12, 2016; Noam Scheiber, Farah Stockman, and J. David Goodman, How Police Unions Became Such Powerful Opponents to Reform Efforts, New York Times, June 6, 2020 (Updated June 20, 2020); Editorial Board, The Problem with Police Unions, Wall Street Journal, June 10, 2020; Marshall Cohen, Sara Murray, David Shortell, Katelyn Polantz, and Mark Morales, Police unions dig in as call for reform grows, CNN, June 8, 2020; Lydia Khalil, US: Powerful Unions protect police – from reform: Changes to police culture have been obstructed by police unions who are often more powerful than police chiefs, The Interpreter, June 4, 2020.

[126] Kimberly Kindy and Mark Berman, Police Chiefs and mayors push for reform: Then they run into veteran officers, unions and ‘how culture is created’, Washington Post, June 28, 2020; Noam Scheiber, Farah Stockman, and J. David Goodman, How Police Unions Became Such Powerful Opponents to Reform Efforts, New York Times, June 6, 2020 (Updated June 20, 2020); Danny McDonald, In letter, Boston police union blasts Black Lives Matter, drawing sharp rebuke, Boston Globe, February 5, 2020; Samantha Michaels, Minneapolis Police Union President Allegedly Wore a ‘White Power Patch’ and Made Racist Remarks: Lt. Bob Kroll’s brash leadership and influence over police department culture are in the spotlight, Mother Jones, May 30, 2020; Nelli Black and Drew Griffin, Police unions have helped shield officers from accountability. Now they’re facing unprecedented backlash, CNN, July 2, 2020;  Professor Stephen Rushin, Police Disciplinary Appeals, University of Pennsylvania Law Review, Vol. 167, No. 3, February 2019; Tom Nolan, Militarization has fostered a policing culture that sets up protestors as ‘the enemy’, The Conversation, June 2, 2020; James Rainey, ‘He is our pit bull’: LAPD union boss embodies force’s troubled past as he touts reform, Los Angeles Times, June 26, 2020; Kimbriell Kelly, Wesley Lowery and Steven Rich, Fired/Rehired: Police chiefs are often forced to put officers fired for misconduct back on the streets, Washington Post, August 3, 2017; Mark Thomas and Steven Tufts, Blue Solidarity: Police Unions, Race and Authoritarian Populism in North America, Work, Employment and Society, Volume 34, Issue 1, 2020; Alok Mukherjee and Tim Harper, Excessive Force: Toronto’s Fight to Reform City Policing, Douglas and McInyre Ltd, 2018; Lorne Sossin, The Oversight of Executive Police Relations in Canada: The Constitution, The Courts, Administrative Processes and Democratic Governance, Ipperwash Inquiry, 2004; Franca Mignacca, Black Montreal police officers call on their union to stop denying systemic racism, CBC, June 28, 2020; Judy Haiven, Who trusts the police and their union?, The Nova Scotia Advocate, March 4, 2020; Dan Donovan, The Embarrassment that is the Ottawa Police Association, Ottawa Life Magazine (ottawalife.com), April 7, 2014; Eduardo Reyes, It’s black and white, The Law Society Gazette (lawgazette.co.uk), June 29, 2020; Guy Ben-Porat and Fany Yuval, Good Cops, Bad Cops? Prospects for Reform, Presented in the ECPR Joint Sessions, Salamanca, 2014 (“Police reform, while necessary, is often a long and arduous process related to the bureaucratic organization of the police that tends to reject oversight and criticism”); Melissa Alonso, Minneapolis’ top cop sued the department in 2007. Here’s why it matters today, CNN, June 1, 2020; David Brooks, The Culture of Policing is Broken: Brutality and dehumanization are deeply embedded in many departments, The Atlantic, June 16, 2020; Barbara Armacost, The Organizational Reasons Police Departments Don’t Change, Harvard Business Review, August 19, 2016; Lesley Bikos, It’s not just the RCMP: Police culture is toxic, Globe and Mail, May 17, 2017; William Walsh and Gennaro Vito, Police Leadership and Administration: A 21^st Century Approach, Routledge, 2019; Christopher Murphy and Paul McKenna, Rethinking Police Governance, Culture & Management: A Summary Review of the Literature, prepared for Task Force on Governance and Cultural Change in the RCMP, Public Safety Canada, 2007; Policing Canada in the 21^st Century: New Policing for New Challenges – The Expert Panel on the Future of Canadian Policing Models, Council of Canadian Academies, 2014; Allyson Collins, Shielded from Justice: Police Brutality and Accountability in the United States, Human Rights Watch, 1998; Daria Roithmayr, The Dynamics of Excessive Force, University of Chicago Legal Forum, Volume 2016, Issue 1, Article 10, 2016; Robert Booth, ‘Institutional racism’: 20 years since Stephen Lawrence inquiry, The Guardian, February 22, 2019; Leah Asmelash, This sheriff said he wouldn’t respond to calls at the county’s library, after it expressed support for BLM, CNN, July 29, 2020; Nils Muižnieks, Police abuse – a serious threat to the rule of law, Commissioner for Human Rights of the Council of Europe, February 25, 2014.

[127] Nelli Black and Drew Griffin, Police unions have helped shield officers from accountability. Now they’re facing unprecedented backlash, CNN, July 2, 2020. Also see, Professor Stephen Rushin, Police Disciplinary Appeals, University of Pennsylvania Law Review, Vol. 167, No. 3, February 2019; Police Union Contracts and Police Bill of Rights Analysis, Campaign Zero, June 29, 2016; Police Union Contract Project: Learn how police union contracts make it more difficult to hold police unions accountable for misconduct, Checkthepolice.org.

[128] Emily Ekins, Policing in America: Understanding Public Attitudes Toward the Police. Results from a National Survey, CATO Institute, December 7, 2016. Also see, Linquin Cao, James Frank, and Francis T. Cullen, “Race, Community Context and Confidence in the Police,” American Journal of Police 15 (1996): 3-22; Tom Tyler and Jeffrey Fagan, “Legitimacy and Cooperation: Why Do People Help the Police Fight Crime in Their Communities?” Ohio State Journal of Criminal Law 6 (2008): 232-275; Andrew V. Papachristos, Tracey L. Meares, and Jeffrey Fagan, “Why Do Criminals Obey the Law? The Influence of Legitimacy and Social Networks on Active Gun Offenders,” Journal of Criminal Law and Criminology 102 (2009): 397-440; Tom R. Tyler, “The Role of Perceived Injustice in Defendants’ Evaluations of Their Courtroom Experience,” Law & Society Review 18 (1984): 51-74; Tom Tyler, Why People Obey the Law (Princeton: Princeton University Press, 2006); Jonathan Blanks, “How Pretextual Stops Undermine Police Legitimacy.” Case W. Res. L. Review 66 (2016): 931-946.

[129] See generally, Ian Scott and Kent Roach, The RCMP cannot continue front-line policing if it isn’t responsive to the communities it serves, Globe and Mail, June 17, 2020; Les Perreaux, Damning report points finger at Montreal city, police for failure to address systemic racism, Globe and Mail, June 15, 2020; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011.

[130] Kevin Morrell and Ben Bradford, Policing and Public Management: governance, vices and virtues, Routledge, 2019.

[131] John Rice, The Difference Between First-Degree Racism and Third-Degree Racism, The Atlantic, June 21, 2020.

[132] Francesca Gino, Why It’s Hard to Speak Up Against a Toxic Culture, Harvard Business Review, May 21, 2018.

[133] Kirk Burkhalter, Retired officer: Give police a real education before putting them on the streets, USA Today, June 12, 2020; Rashwan Ray, What does ‘defund the police’ mean and does it have merit?, Brookings, June 19, 2020; Josiah Bates and Karl Vick, America’s Policing System Is Broken. It’s Time to Radically Rethink Public Safety, Time, August 6, 2020; Olivia Bowden, Tory tables ‘sweeping’ reforms to Toronto police, including budget reallocation, CBC News, August 11, 2020.

[134] R. v. Parks (1993), 15 O.R. (3d) 324 (Ontario Court of Appeal), at 342. Also see, R. v. Williams, [1998] 1 S.C.R. 1128; R. v. Hamilton, [2004] O.J. No. 3252 (C.A.).

[135] William Gentry, Kristin Cullen, and David Altman, The Irony of Integrity: A Study of the Character Strengths of Leaders, Center for Creative Leadership, March 2016.

[136] Center for Regulatory Strategy, Managing Conduct Risk: Addressing Drivers, Restoring Trust, Deloitte, 2017. Also see, Shelly Dubois, Cheating business minds: How to break the cycle, Fortune, July 20, 2012.

[137] Deborah Rhode, Why do people lie? The reason athletes cheat, Donald Trump avoids taxes and VW fiddled its vehicle emissions, Mirror.co.uk, January 16, 2018; Deborah Rhode, Cheating: Ethics and Law in Everyday Life, Oxford University Press, October 2017.

[138] United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011.

[139] Susan Liautaud, Sweat the Small Ethics Stuff to Avoid the Big Ethics Situation, Ethics on the Edge Blog (susanliautaud.com). Also see, Aaron Gilbreath, Volkswagen and ‘the Normalization of Deviance’, Longreads.com, February 15, 2016; Jerry Useem, What Was Volkswagen Thinking: On the origins of corporate evil – and idiocy, The Atlantic, January-February 2016 (“The sociologist Diane Vaughan coined the phrase the normalization of deviance to describe a cultural drift in which circumstances classified as “not okay” are slowly reclassified as “okay.”); Deborah Rhode, Cheating: Ethics and Law in Everyday Life, Oxford University Press, October 2017; Adam Henshall, Why the Normalization of Deviance is Hurting Your Company, Process.st, January 20, 2017.

[140] Liz Ryan, Ten Unmistakable Signs of A Fear-Based Workplace, Forbes, March 7, 2017; Corporate Culture: The Center of Strong Ethics and Compliance, Deloitte (Wall Street Journal), January 20, 2015; Corporate Culture: The second ingredient in a world-class ethics and compliance program, Deloitte, 2015; Financial Conduct Authority, Transforming Culture in Financial Services: Discussion Paper, fca.org.uk, March 2018 – Essay 3.4: Professor Roger Steare, Character, culture and conduct: why good people do bad things in a fear-driven culture; Victor Lipman, So You’d Like to Work in a More Ethical Culture?, Forbes, July 1, 2015; Mark Pastin, The Truth About Ethical Organizations, Huffington Post, June 21, 2017:

“This fear of speaking up allowed unethical practices to persist at GM and Volkswagen even when many employees knew better. Ethical organizations don’t pretend that fear of retaliation does not exist but instead work to create a culture in which retaliation is not tolerated and reporting is expected.”

[141] Financial Conduct Authority, Transforming Culture in Financial Services: Discussion Paper, fca.org.uk, March 2018 – Essay 3.4: Professor Roger Steare, Character, culture and conduct: why good people do bad things in a fear-driven culture.

[142] Financial Conduct Authority, Transforming Culture in Financial Services: Discussion Paper, fca.org.uk, March 2018 – Essay 3.4: Professor Roger Steare, Character, culture and conduct: why good people do bad things in a fear-driven culture.

[143] Deborah Rhode, Why do people lie? The reason athletes cheat, Donald Trump avoids taxes and VW fiddled its vehicle emissions, Mirror.co.uk, January 16, 2018; Deborah Rhode, Cheating: Ethics and Law in Everyday Life, Oxford University Press, October 2017.

[144] Stephen Dimmock and William Gerken, Research: How One Bad Employee Can Corrupt a Whole Team, Harvard Business Review, March 5, 2018.

[145] Stephen Dimmock and William Gerken, Research: How One Bad Employee Can Corrupt a Whole Team, Harvard Business Review, March 5, 2018. Also see, Will Hutton, We now live in a society so cynical that cheating has become the norm, The Guardian, September 27, 2009:

“What is dangerous is that when cheating reaches a certain mass, it becomes impossible to contain. Rules become there to be broken. ….Meeting one’s obligations under the rules is for somebody else – the little people. Almost nobody gets found out and when they do the penalties are trivial. Join the crowd and cheat. … Don’t pay tax. … Try to rig the market or bend the rules to win the game. …

The outstripping of the top 0.1% from the rest – in sport and business alike – has undermined the core belief in reciprocity on which association and rule-keeping depends. If the top does not need the approval of others – because the distance between us in income, wealth and status has grown so vast – then we cannot make them feel the harm that they do. They do not feel the consequences of not paying tax, rigging markets or bending the rules. They can behave unfairly without consequence. The leaders set the tone; the rest follow and so cheating becomes the norm.”

[146] Editorial, Volkswagen’s dishonesty corrodes public trust, causes social damage, Deseret News.com, October 1, 2015.

[147] Emil Moschella and Joseph Murphy, Corporate Compliance Approach to Racism and Excessive Force Issues in Police Departments, Compliance & Enforcement (New York University School of Law, wp.nyu.edu), August 3, 2020. Also see, Eric Sigurdson, Corporate Culture, Leadership and Personal Liability – Ethics and Compliance Programs in the 21^st Century, Sigurdson Post, October 5, 2016.

[148] Center for Regulatory Strategy, Managing Conduct Risk: Addressing Drivers, Restoring Trust, Deloitte, 2017.

[149] Chris Gervais, Resolving the Normalization of Deviance by Building a Culture of Communication, Cloud Tweaks.com, November 21, 2016.

[150] Christopher Murphy and Paul McKenna, Rethinking Police Governance, Culture & Management: a summary review of the literature, prepared for the Task Force on Governance and Cultural Change in the RCMP, Public Safety Canada, 2007.

[151] Barbara Armacost, The Organizational Reasons Police Departments Don’t Change, Harvard Business Review, August 19, 2016.

[152] Christopher Murphy and Paul McKenna, Rethinking Police Governance, Culture & Management: a summary review of the literature, prepared for the Task Force on Governance and Cultural Change in the RCMP, Public Safety Canada, 2007.

[153] Marcia McCormick, Our Uneasiness with Police Unions: Power and Voice for the Powerful?, Saint Louis University Public Law Review, Vol. 35, No. 47, 2015.

[154] Dan Zak and Ellen McCarthy, The duty and burden of the black police officer, Washington Post, July 6, 2020. Also see, Matthew Horace and Ron Harris, The Black and the Blue: A Cop Reveals the Crimes, Racism, and Injustice in America’s Law Enforcement, Hachette Books, 2018.

[155] Noam Scheiber, Farah Stockman, and J. David Goodman, How Police Unions Became Such Powerful Opponents to Reform Efforts, New York Times, June 6, 2020 (Updated June 20, 2020). Also see, Danny McDonald, In letter, Boston police union blasts Black Lives Matter, drawing sharp rebuke, Boston Globe, February 5, 2020; Samantha Michaels, Minneapolis Police Union President Allegedly Wore a ‘White Power Patch’ and Made Racist Remarks: Lt. Bob Kroll’s brash leadership and influence over police department culture are in the spotlight, Mother Jones, May 30, 2020; Hallie Golden, ‘That’s an illegal order’: veterans challenge Trump’s officers in Portland, The Guardian, July 25, 2020.

[156] Peter Suderman, It’s Time to Bust Police Unions, Reason.com, June 3, 2020.

[157] Daniel DiSalvo, Tired of Bad Cops? First, look at their labor unions, Washington Post, June 3, 2020; Professor Stephen Rushin, Police Disciplinary Appeals, University of Pennsylvania Law Review, Vol. 167, No. 3, February 2019. Also see, James Surowiecki, Why Are Police Unions Blocking Reform?, New Yorker, September 12, 2016; Noam Scheiber, Farah Stockman, and J. David Goodman, How Police Unions Became Such Powerful Opponents to Reform Efforts, New York Times, June 6, 2020 (Updated June 20, 2020); Editorial Board, The Problem with Police Unions, Wall Street Journal, June 10, 2020; Marshall Cohen, Sara Murray, David Shortell, Katelyn Polantz, and Mark Morales, Police unions dig in as call for reform grows, CNN, June 8, 2020; Lydia Khalil, US: Powerful Unions protect police – from reform: Changes to police culture have been obstructed by police unions who are often more powerful than police chiefs, The Interpreter, June 4, 2020.

[158] Derick Deonarain, ‘Looking for guardians not warriors’: Q&A with Toronto police Chief Mark Saunders, CBC News, July 25, 2020.

[159] Peter Suderman, It’s Time to Bust Police Unions, Reason.com, June 3, 2020.

[160] John Kelly and Mark Nichols, We found 85,000 cops who’ve been investigated for misconduct. Now you can read their records, USA Today, June 11, 2020; Professor Stephen Rushin, Police Disciplinary Appeals, University of Pennsylvania Law Review, Vol. 167, No. 3, February 2019.

[161] Marshall Cohen, Sara Murray, David Shortell, Katelyn Polantz, and Mark Morales, Police unions dig in as call for reform grows, CNN, June 8, 2020; Sheriff (Ret.) Currie Myers, Ph.D., MBA, The Role of Police Unions in the 21^st Century, Texas Public Policy Foundation, September 2019.

[162] Sam Blum, Police Unions Wield Massive Power in American Politics – For Now, Rolling Stone, July 7, 2020. Also see, Reining in police unions’ power in America, The Economist, July 11, 2020.

[163] George Yip and Nelson Phillips, Good Leadership Hinges on ‘Organizational Intelligence’, Harvard Business Review, June 15, 2020.

[164] Daniel DiSalvo, Tired of Bad Cops? First, look at their labor unions, Washington Post, June 3, 2020.

[165] Eric Sigurdson, Corporate Leadership and Culture: United Airlines & the ‘Re-accomodated’ Doctor – guiding principles for Boards, C-suite executives, and General Counsel, Sigurdson Post, May 2, 2017.

[166] Marcia McCormick, Our Uneasiness with Police Unions: Power and Voice for the Powerful?, Saint Louis University Public Law Review, Vol. 35, No. 47, 2015.

[167] David Plymyer, One way to detoxify the police culture: rein in their union: Some practical steps to reshape police behavior by taking away the extraordinary power of the Fraternal Order of Police to thwart accountability, BaltimoreBrew.com, June 9, 2020.

[168] Franca Mignacca, Black Montreal police officers call on their union to stop denying systemic racism, CBC, June 28, 2020.

[169] Jill Lepore, The Invention of Police, The New Yorker, July 13, 2020.

[170] Dr. David Thomas, Law Enforcement Must Regain the Public’s Trust, National Police Foundation, October 2016; David Kladney and Amy Royce, Face it, we’ve lost the public’s trust, Chicago Tribune, December 3, 2015.

[171] Aimee Ortiz, Confidence in Police Is at Record Low, Gallup Survey Finds, New York Times, August 12, 2020. Also see, Kim Parker, Juliana Menasce Horowitz, and Monica Anderson, Amid Protests, Majorities Across Racial and Ethnic Groups Express Support for the Black Lives Matter Movement, Pew Research Center, June 12, 2020; Scottie Andrew, Americans’ confidence in police falls to its lowest level in nearly three decades, new Gallup poll shows, CNN, August 12, 2020; Race relations in Canada 2019: A survey of Canadian public opinion and experience, Canadian Race Relations Foundation & Environics Institute for Survey Research, 2019; Lee Berthiaume, Canadian trust in police dwindling amid anti-racism protests, poll suggests: Results indicate Canadians are asking themselves questions about how police forces do their work, National Post, June 16, 2020.

[172] Eric Sigurdson, Corporate Leadership and Culture: United Airlines & the ‘Re-accomodated’ Doctor – guiding principles for Boards, C-suite executives, and General Counsel, Sigurdson Post, May 2, 2017; Eric Sigurdson, Corporate Misconduct and the Normalization of Deviance: Leadership, corporate culture, and the pathway to organizational integrity, Sigurdson Post, March 31, 2018.

[173] Wayne Brody and Mark Rowe, Corporate Culture and Compliance in the 21st Century, New York Law Journal: Compliance, October 27, 2014.

[174] See generally: Eric Sigurdson, Corporate Culture, Leadership and Personal Liability – Ethics and Compliance Programs in the 21^st Century, Sigurdson Post, October 5, 2016; Eric Sigurdson, Corporate Leadership and Culture: United Airlines & the ‘Re-accommodated’ Doctor – guiding principles for Boards, C-suite executives, and General Counsel, Sigurdson Post, May 2, 2017.

[175] Barbara Armacost, The Organizational Reasons Police Departments Don’t Change, Harvard Business Review, August 19, 2016.

[176] United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011.

[177] Kirk Burkhalter, Retired officer: Give police a real education before putting them on the streets, USA Today, June 12, 2020.

[178] Kirk Burkhalter, Retired officer: Give police a real education before putting them on the streets, USA Today, June 12, 2020.

[179] Melissa Chan, ‘Leadership Matters’. Researcher Says Rate of Fatal Shootings Is Lower in Cities With Black Police Chiefs, Time, June 26, 2020. Also see, Kimberly Kindy and Mark Berman, Police Chiefs and mayors push for reform: Then they run into veteran officers, unions and ‘how culture is created’, Washington Post, June 28, 2020; Noam Scheiber, Farah Stockman, and J. David Goodman, How Police Unions Became Such Powerful Opponents to Reform Efforts, New York Times, June 6, 2020 (Updated June 20, 2020). Also see, Danny McDonald, In letter, Boston police union blasts Black Lives Matter, drawing sharp rebuke, Boston Globe, February 5, 2020; Samantha Michaels, Minneapolis Police Union President Allegedly Wore a ‘White Power Patch’ and Made Racist Remarks: Lt. Bob Kroll’s brash leadership and influence over police department culture are in the spotlight, Mother Jones, May 30, 2020; Tom Nolan, Militarization has fostered a policing culture that sets up protestors as ‘the enemy’, The Conversation, June 2, 2020; Kimbriell Kelly, Wesley Lowery and Steven Rich, Fired/Rehired: Police chiefs are often forced to put officers fired for misconduct back on the streets, Washington Post, August 3, 2017; Richard Winton, LAPD ‘SWAT Mafia’ encouraged excessive force and retaliation, officer’s suit claims, Los Angeles Times, July 29, 2020; Franca Mignacca, Black Montreal police officers call on their union to stop denying systemic racism, CBC, June 28, 2020.

[180] Nick Boisvert, Toronto Mayor John Tory calling for police reform in bid to ‘stamp out systemic racism, CBC News, June 25, 2020.

[181] Leanne McKay, Toward a Rule of Law Culture: Exploring effective response to justice and security challenges, United States Institute of Peace, 2015. Also see, Rosemary Westwood, The Political Bias in Our Court Systems, The Walrus, November 12, 2019; Eric Sigurdson, A Toxic Brew: The Politicization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018; Eric Sigurdson, The Decline of the Rule of Law: Experiencing the Unimaginable in Western Society – the impact of economic and social inequality in the 21^st century, Sigurdson Post, April 26, 2020; Eric Sigurdson, Federal Court of Canada Judge Resigns: Canadian Judicial Council finds that conduct of Judge Robin Camp ‘seriously undermined public confidence in the judiciary – recommended removal from Bench, Sigurdson Post, March 11, 2017.

[182] Ming Chin, Judicial independence needs to be protected from both internal and external threats, ABA Journal, September 27, 2018.

[183] Racial Discrimination in the Administration of Justice, Submission of the Open Society Justice Initiative to the UN Committee on the Elimination of Racial Discrimination on the occasion of the 65^th Session, Open Society Justice Initiative (justiceinitiative.org), August 2004.

[184] UK: Peter Herbert, As a judge, I can see the racism embedded in the system, The Guardian, November 22, 2016. Also see, Sam Francis, Met Police ‘use of force more often’ against black people, BBC News, May 24, 2018; Eduardo Reyes, It’s black and white, Law Society Gazette (lawgazette.co.uk), June 29, 2020; Owen Bowcott and Vikram Dodd, Exposed: ‘racial bias’ in England and Wales criminal justice system, The Guardian, September 8, 2017; Rebecca Roberts, Racism and criminal justice, Centre for Crime and Justice Studies (crimeandjustice.org.uk), 2015; Paula Rhone-Adrien, The UK Justice System: Is it racist?, Lawyer Monthly, June 2020; Anita Kalunta-Crumpton, Race, Crime and Criminal Justice: International Perspectives, Palgrave MacMillan, 2010. Canada: David Tanovich, The Charter of Whiteness: Twenty-Five Years of Maintaining Racial Injustice in the Canadian Justice System, The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference, Vol. 40, Issue 1, Article 21, 2008; Scot Wortley and Akwasi Owusu-Bempah, Race, Ethnicity, Crime and Criminal Justice in Canada, Chapter 10, in Sandra Bucerius and Michael Tonry (editors), The Oxford Handbook of Ethnicity, Crime, and Immigration, Oxford University Press, 2014; Diana Younges, Colour Conscious Justice: Towards a Colour Blind Justice System, TheCourt.ca, August 12, 2008; Kathleen Harris, Supreme Court’s chief justice calls for more diversity in Canada’s legal system, CBC, June 18, 2020; Andrew John Arthur Luesley, Playing the Race Card: Racial Bias in Judicial Decision-Making, Thesis Submitted in Partial Fulfillment of the Requirements For the Degree of Master of Laws, Faculty of Graduate and Postdoctoral Studies, Peter Allard School of Law, University of British Columbia, 2017; Michael Potestio, Sundhu on addressing racism in Canada: there is still work to be done, Kamloops This Week, June 8, 2020.  Also see: R. v. Parks (1993), 15 O.R. (3d) 324 (Ontario Court of Appeal), at 342; R. v. Williams, [1998] 1 S.C.R. 1128; R. v. Hamilton, [2004] O.J. No. 3252 (C.A.); R. v. R.D.S., [1997] 3 S.C.R. 484; R. v. Golden, [2001] 3 S.C.R. 679; R. v. Brown (2003), 64 O.R. (3d) 161, (C.A.); R. v. Spence, 2005 SCC 7; R. v. Jackson, 2018 ONSC 2527 (Ont. S.C.); R. v. Le, 2019 SCC 34.

[185] Jess Bravin, Breaking with Tradition, Some Judges Speak Out on Racial Injustice: State supreme courts pledge to root out bias in judicial system and heal ‘raw wounds of racism’, Wall Street Journal, June 13, 2020.

[186] Richard Bowen, (Not So) Fun Fact, LinkedIn, August 5, 2020.

[187] Gender and Racial Fairness Resource Guide, National Center for State Courts (ncsc.org); Racial Fairness Task Forces and Reports – Gender and Racial Fairness State Links, National Center for State Courts (ncsc.org).

[188] See for example: Editorial Board, Trump’s Pardon Abuse Subvert Justice: The president has weaponized his constitutional power to protect himself and bail out his friends, Bloomberg, July 17, 2020; Paul Rosenberg, Republicans, a history: How did the party of ‘law and order’ become the party of crooks and crime?, Salon, November 24, 2019; Robert Reich, Trump’s lawless thuggery is corrupting justice in America, The Guardian, January 5, 2020;

[189] See generally: Ruth Marcus, If you don’t believe system racism is real, explain these statistics, Washington Post, June 12, 2020; Richard Zorza, Study Showing Greater Racial Bias by Republican Judges Has to Shatter Our Assumptions, Access to Justice, May 28, 2020; Adam Liptak, Black Defendants Get Longer Sentences From Republican-Appointed Judges, Study Finds, New York Times, May 28, 2018; Christopher Ingraham, Black men sentenced to more time for committing the exact same crime as a white person, study finds, Washington Post, November 16, 2017; Alma Cohen and Crystal Yang, Judicial Politics and Sentencing Decisions, American Economic Journal: Economic Policy, Vol. 11, Issue 1, 2019; Matthew Clair and Alix Winter, How Judges Think About Racial Disparities: Situational Decision-making in the Criminal Justice System, Criminology, Vol. 54, Issue 2, 2016; Andrew John Arthur Luesley, Playing the Race Card: Racial Bias in Judicial Decision-Making, Thesis Submitted in Partial Fulfillment of the Requirements For the Degree of Master of Laws, Faculty of Graduate and Postdoctoral Studies, Peter Allard School of Law, University of British Columbia, 2017; Racism in the Justice System, Canadian Race Relations Foundation (crrf-fcrr.ca); Jeffrey Rachlinski, Sheri Johnson, Andrew Wistrich, and Chris Guthrie, Does Unconscious Racial Bias Affect Trial Judges?, Cornell Law Faculty Publications, Paper 786, 2009; Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers, The Sentencing Project, 2008; Julianne Stevenson, Challenging Whiteness: The Role of Law Societies and Critical Race Theory in Addressing Unrepresentative Juries in Canada, Recipient of the 2019 Race and the Law Essay Prize, 2018; Donalee Moulton, Law societies called on to address juror challenges, The Lawyer’s Daily, November 18, 2019; Lidia Abraha, The Case for Race-Based Sentencing, Vice, October 28, 2019; Discrimination in the Judicial System, IPA (poverty-action.org); Cyndi Banks, Criminal justice ethics: theory and practice, Sage Publications, 2008.

[190] Dr. James Austin, Lauren-Brooke Eisen, James Cullen and Jonathan Frank, How Many Americans Are Unnecessarily Incarcerated?, Brennan Center for Justice, 2016; Report of The Sentencing Project to the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia, and Related Intolerance: Regarding Racial Disparities in the United States Criminal Justice System, The Sentencing Project, March 2018; Report to the United Nations on Racial Disparities in the U.S. Criminal Justice System, Sentencing Project (sentencingproject.org), April 19, 2018; Michelle Ye Hee Lee, Does The United States Really Have 5 Percent Of The World’s Population And One Quarter Of The World’s Prisoners?, Washington Post, April 30, 2015; Roy Walmsley, World Prison Brief, World Prison Population List 5, 14 (11th ed. 2015); Tanay Tatum-Edwards, It’s time for investors to dump shares of companies that profit from mass incarceration and prison labor, Market Watch, June 30, 2020. Also see, Ed Yong, How the Pandemic Defeated America, The Atlantic, September 2020.

[191] Racial Discrimination in the Administration of Justice, Submission of the Open Society Justice Initiative to the UN Committee on the Elimination of Racial Discrimination on the occasion of the 65^th Session, Open Society Justice Initiative (justiceinitiative.org), August 2004.

[192] Lee Bridges, Normalizing Injustice: The Royal Commission on Criminal Justice, Journal of Law and Society, Vol. 21, No. 1, 1994; Lee Bridges and Mike McConville, Keeping Faith With Their Own Convictions: The Royal Commission on Criminal Justice, The Modern Law Review, Vol. 57, 1994. Also see, Anne Easton, Study Finds Crime Dramas Misrepresent What Happens Within the Justice System, Particularly For People of Color, Forbes, January 31, 2020; Normalizing Injustice: The Dangerous Misrepresentations That Define Television’s Scripted Crime Genre, A Report by Color of Change and the USC Annenberg Norman Lear Center, January 2020.

[193] Racial Discrimination in the Criminal Justice System, Chapter 3, in Cyndi Banks, Criminal justice ethics: theory and practice, Sage Publications, 2008.

[194] Report of The Sentencing Project to the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia, and Related Intolerance: Regarding Racial Disparities in the United States Criminal Justice System, The Sentencing Project, March 2018; Report to the United Nations on Racial Disparities in the U.S. Criminal Justice System, Sentencing Project (sentencingproject.org), April 19, 2018. Also see, Dr. James Austin, Lauren-Brooke Eisen, James Cullen and Jonathan Frank, How Many Americans Are Unnecessarily Incarcerated?, Brennan Center for Justice, 2016.

[195] Kay Jones and Leah Asmelash, Louisiana Supreme Court upholds Black man’s life sentence for stealing hedge clippers more than 20 years ago, CNN, August 6, 2020; Luke Kenton, Five white Louisiana judges Uphold life sentence of black man, 62, who was convicted of stealing pair of hedge clippers over 20 years ago as the only justice to oppose it blasts the law for being designed ‘to re-enslave African Americans’, Daily Mail, August 7, 2020.

[196] Dorothy Brown, Georgia Gov. Kemp shows that he doesn’t care about Black people, CNN, July 16, 2020; United States of America v. Billy Curry Jr., No. 18-4233 (4^th Cir. 2019), United States Court of Appeal for the Fourth Circuit, July 15, 2020.

[197] Marie-Claude Landry (Chief Commissioner, Canadian Human Rights Commission), Speech: Combatting racism in Canada: Remarks at the Black History Month panel discussion in honour of Fred Christie, Canadian Human Rights Commission (chrc-ccdp.gc.ca), February 29, 2020.

[198] Supreme Court Chief Justice would welcome more diversity in the courts, Globe and Mail, June 18, 2020.

[199] Racial Discrimination in the Administration of Justice, Submission of the Open Society Justice Initiative to the UN Committee on the Elimination of Racial Discrimination on the occasion of the 65^th Session, Open Society Justice Initiative (justiceinitiative.org), August 2004.

[200] Carrie Johnson, Wave of Young Judges Pushed by McConnell Will be ‘Ruling for Decades to Come’, NPR, July 2, 2020. Also see, Blake Dodge, Trump Judicial Nominees Are 85 Percent White and 76 Percent Men, Report Shows, Newsweek, January 16, 2020; Rebecca Ruiz, Robert Gebeloff, Steve Eder and Ben Protess, A Conservative Agenda Unleashed on the Federal Courts, New York Times, March 14, 2020.

[201] See generally, Eric Sigurdson, A Toxic Brew: The Politicization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018.

[202] The Decline of Democracy and the Rule of Law: How to Preserve the Rule of Law and Judicial Independence, Remarks of the Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada, Supreme Court of Canada (scc-csc.ca), September 28, 2017.

[203] See generally: Therrien (Re), [2001] 2 S.C.R. 3, 2001 SCC 35 (CanLII), para. 108-111, 151 (Gonthier J.) (“Public confidence in and respect for the judiciary are essential to an effective judicial system and, ultimately, to a democracy founded on the rule of law”); Eric Sigurdson, Federal Court of Canada Judge Resigns: Canadian Judicial Council finds that conduct of Judge Robin Camp ‘seriously undermined public confidence in the judiciary – recommended removal from Bench, Sigurdson Post, March 11, 2017; Why is Judicial Independence Important to You?, Canadian Judicial Council (cjc-ccm.gc.ca), May 2016; Canada (Minister of Citizenship and Immigration) v. Tobiass, [1997] 3 S.C.R. 391; R. v. Lippe, [1991] 2 S.C.R. 114 (“the overall objective of guaranteeing judicial independence is to ensure a reasonable perception of impartiality”.).  Also see,  Benjamin Wittes, Kavanaugh Bears the Burden of Proof: The question isn’t whether he can win confirmation – it’s whether he can defend against the charge he faces in a manner that is both persuasive and honorable, The Atlantic, September 21, 2018; Barry McDonald, Supreme Court justices: Are they supposed to be politicians in black robes?, CNN, October 27, 2016.

[204] Shira Scheindlin, Trump’s judges are a giant step backward for America, The Guardian, April 28, 2010.

[205] Marie-Claude Landry (Chief Commissioner, Canadian Human Rights Commission), Speech: Combatting racism in Canada: Remarks at the Black History Month panel discussion in honour of Fred Christie, Canadian Human Rights Commission (chrc-ccdp.gc.ca), February 29, 2020.

[206] Jeffrey Rachlinski, Sheri Johnson, Andrew Wistrich, and Chris Guthrie, Does Unconscious Racial Bias Affect Trial Judges?, Cornell Law Faculty Publications, Paper 786, 2009;  Andrew John Arthur Luesley, Playing the Race Card: Racial Bias in Judicial Decision-Making, Thesis Submitted in Partial Fulfillment of the Requirements For the Degree of Master of Laws, Faculty of Graduate and Postdoctoral Studies, Peter Allard School of Law, University of British Columbia, 2017.

[207] Kelly Geraldine Malone, Barack Obama Tells Winnipeg Audience Politics Being Driven By Passion, Not Facts, Canadian Press (Globe and Mail, Huffington Post), March 5, 2019; Madeline Smith and Jenny Peng, Barack Obama reflective of presidency and addresses ‘toxic politics’, climate change in Canadian Tour, Toronto Star, March 5, 2019.

[208] Fernando Garcia, Time for change: There are many ways in which lawyers can move the needle toward inclusion, says Fernando Garcia, Canadian Lawyer, June 19, 2020.

[209] Mark Cohen, Law On Trial – What the Legal Industry Can Do to Defend It, Forbes, June 16, 2020.

[210] Benjamin Fearnow, Maxine Waters, Joy Reid Compare Roger Stone’s Clemency to Kalief Browder’s Death: ‘This Justice System is Broken’, Newsweek, July 12, 2020.

[211] Nils Muižnieks, Police abuse – a serious threat to the rule of law, Commissioner for Human Rights of the Council of Europe, February 25, 2014.

[212] 2020 Edelman Trust Barometer: Executive Summary, Edelman.com, January 19, 2020; 2020 Edelman Trust Barometer, Edelman.com, January 19, 2020.

[213] See generally, Ben Sherwood, The cure for Covid-19 is trust, CNN, July 24, 2020; 2020 Edelman Trust Barometer: Executive Summary, Edelman.com, January 19, 2020; 2020 Edelman Trust Barometer, Edelman.com, January 19, 2020.

[214] Tim Walker, First Thing: Trump juked the stats over police killing black Americans, The Guardian, July 15, 2020. Also see, Sam Levin, Revealed: Phoenix officer assaulted woman during minor traffic stop, then took her to jail, The Guardian, July 15, 2020.

[215] Revisiting Who Is Guarding the Guardians?: A Report on Police Practices and Civil Rights in America, U.S. Commission on Civil Rights, November 27, 2000. Also see, Who is Guarding the Guardians?: a report on police practices, U.S. Commission on Civil Rights, October 1981.

[216] Nils Muižnieks, Police abuse – a serious threat to the rule of law, Commissioner for Human Rights of the Council of Europe, Council of Europe (coe.int), February 25, 2014.

[217] See generally: Robert D. Putnam, Bowling Alone: The Collapse and Revival of American Community (2001); Michael Woolcock & Deepa Narayan, Social Capital: Implications for Development Theory, Research and Policy, 15 World Bank Research Obs. 225 (2000); Robert D. Putnam, Making Democracy Work: Civic Traditions in Italy (1993); Brian O’Donnell, Civil Society: The Underpinning of American Democracy (1999); Susan Rose-Ackerman, Corruption: Greed, Culture and the State, 120 Yale L. J. Online 125 (2009); Larry J. Diamond, Three Paradoxes of Democracy, 1 J. DEM. 3 (1990); R. Wayne Thorpe (Chair, Section of Dispute Resolution), Report to the House of Delegates: Resolution 108, American Bar Association, August 2011; Daniel C. Préfontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, World Conference on the Universal Declaration of Human Rights, Montreal, Canada, December 7-9, 1998; World Leaders Adopt Declaration Reaffirming Rule of Law as Foundation for Building Equitable State Relations, Just Societies, Sixty-seventh General Assembly, United Nations Plenary, UN.org, September 24, 2012; Guiding Principles for Stabilization and Reconstruction: Rule of Law, Section 7, United States Institute of Peace, usip.org; The Role of the UN in Promoting the Rule of Law: Challenges and New Approaches, UN Chronicle, December 2012.

[218] The Decline of Democracy and the Rule of Law: How to Preserve the Rule of Law and Judicial Independence, Remarks of the Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada, Supreme Court of Canada (scc-csc.ca), September 28, 2017.

[219] The Global Risks Report 2017 (12 edition), World Economic Forum, 2017.

[220] Tim Burgess, What next for rule of law when president calls for brutality?, Seattle Times, August 1, 2017.

[221] Eric Sigurdson, A Toxic Brew: The Polarization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018.

[222] Eric Sigurdson, A Toxic Brew: The Polarization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018.

[223] John Haltiwanger, Trump has no answer to police brutality and racism in the US, Business Insider, June 8, 2020. Also see, Gary Mason, Trump’s racism isn’t new, but now it’s destroying America, Globe and Mail, July 14, 2020; Kevin Liptak, Trump offers full-throated defense of police in executive action signing, CNN, June 16, 2020; Jason Silverstein, National Organization of Police Organizations endorses Trump, CBS News, July 16, 2020; Peter Baker, Trump Dismisses Criticism of Law Enforcement (Unless It’s His), New York Times, June 16, 2020; Lee Moran, Fox News Legal Analyst Issues Chilling Warning About Trump’s Portland Crackdown: Andrew Napolitano slammed federal agents’ use of force as ‘unlawful, unconstitutional and harmful, Huffington Post, July 23, 2020.

[224] Referenced from Business Insider and Huffington Post: Ed Mazzaq, Pramila Jayapal Dismantles Bill Barr in Fiery Takedown Over Protest Treatment, Huffington Post, July 29, 2020; Lauren Frias, Rep. Pramila Jayapal excoriated AG Bill Barr over ‘aggressive’ approach to Black Lives Matter protests, Business Insider, July 29, 2020. Also see, Ryan Bort, Watch Rep. Pramila Jayapal Expertly Cut to the Heart of William Barr’s Hypocrisy, Rolling Stone, July 28, 2020; Alex Woodward, Barr grilled over unleashing federal agents on BLM activists but not’ white men with swastikas’ threatening to kill governor, Independent.co.uk, July 29, 2020. Also see, Masha Gessen, Surviving Autocracy, Penguin Random House, 2020; Masha Gessen, Autocracy: Rules for Survival, New York Review of Books (nybooks.com), November 10, 2016.

[225] How to fix American policing: The country’s forces kill too many of those they serve. Here is how to change that, The Economist, June 4, 2020.

[226] John Harwood, How the Republican Party opened itself up to the Trump takeover, CNN, July 26, 2020; Maegan Vazquez, Trump leans into racist rhetoric and downplays police violence against Black Americans, CNN, July 14, 2020; Peaceful protestors forcibly moved for Trump photo op, CNN.com (www.cnn.com/videos/us/2020/06/02/donald-trump-church-photo-op-george-floyd-protest-bash-pkg-vpx-es.cnn); Charles Blow, Call a Thing a Thing: White supremacy is the biggest racial problem this country faces, and has faced, New York Times, July 8, 2020; Jess Bidgood and Liz Goodwin, Trump vows to crack down on protestors, ignoring issues of racism and brutality fueling unrest, Boston Globe, June 1, 2020; Simon Clark, How White Supremacy Returned to Mainstream Politics, Center for American Progress, July 1, 2020.

[227] Chas Danner, Read What Presidents Obama, Bush, Carter and Clinton Have Said About George Floyd, Intelligencer, June 3, 2020; Barack Obama, How to Make this Moment the Turning Point for Real Change, Medium, June 1, 2020; Jeffrey Goldberg, James Mattis Denounces President Trump, Describes Him as a Threat to the Constitution, The Atlantic, June 3, 2020; Marina Riera, UN Condemns Systemic Racism, Police Violence: Unanimous Resolution Brings Scrutiny to Global Violations, Human Rights Watch (hrw.org), July 20, 2020; US protests: Deep-seated grievances must be addressed – Bachelet, United Nations Human Rights, Office of the High Commissioner (ohchr.org), 2020; US must address deep-seated grievances to move beyond history of racism and violence, UN News (news.un.org), June 3, 2020.

[228] Simon Clark, How White Supremacy Returned to Mainstream Politics, Center for American Progress, July 1, 2020; Jess Bidgood and Liz Goodwin, Trump vows to crack down on protestors, ignoring issues of racism and brutality fueling unrest, Boston Globe, June 1, 2020; Amira Elghawaby, White supremacy’s insidious presence in our elections, Global News, October 4, 2019; Angela Wright, White supremacy isn’t a problem just for conservatives – it’s a problem for everyone, CBC News, May 3, 2019; David Atkinson, It’s time for Australia and New Zealand to confront their white nationalist histories, Washington Post, March 15, 2019; Anthony Loewenstein, White Supremacy in Australia Set the Stage for the Christchurch Massacre: the mainstreaming of hate has become routine, in both the media and politics, The Nation, March 21, 2019; Sheena McKenzie, How Australia’s ‘everyday racism’ moved from political fringe to mainstream media, CNN, April 15, 2019; Jamie Johnson, ‘Extreme right infiltrating politics’ says former Met Terror chief, The Telegraph (telegraph.co.uk), August 18, 2018; Enes Guzel, Europe’s condemnation of racism in US warrants a look in the mirror: As long as racist politicians and political parties are able to continue their racist propaganda with impunity, AA.com, June 5, 2020; Glyn Ford, In the Wake of Xenophobia: The New Racism in Europe, United Nations (un.org), 2007; Europe and right-wing nationalism: A country-by-country guide, BBC News, November 13, 2019; Simon Clark, How White Supremacy Returned to Mainstream Politics, Center for American Progress, July 1, 2020. Also see, Dana Milbank, Trump’s Republican Party displays its systemic racism, Washington Post, June 8, 2020; Bryan Armen Graham, Tom Cotton calls slavery ‘necessary evil’ in attack on New York Times’ 1619 Project, The Guardian, July 26, 2020;

[229] Lauren Frias, Fox News anchor Chris Wallace slams colleagues for appearing to rationalize 17-year-old Kenosha shooter: ‘There is no justification’, Business Insider, August 27, 2020; Stephen Battaglio, Tucker Carlson faces new backlash over comments on Kenosha shooter, Los Angeles Times, August 27, 2020; Tim Craig, U.S. political divide becomes increasingly violent, rattling activists and police, Washington Post, August 27, 2020.

[230] Canela Lopez, A former Department of Homeland Security official said Trump is letting right-wing extremists ‘start a race war’, Business Insider, August 29, 2020. Also see, Suzanne Smalley, Trump is ignoring right-wing extremists who ‘want to start a race ward’, former DHS official says, Yahoo News, August 28, 2020; Betsy Woodruff Swan, They tried to get Trump to care about right-wing terrorism. He ignored them, Politico, August 26, 2020; Brendan Cole, Trump is Allowing Right-Wing Extremists to ‘Start a Race War’, Ex-DHS Official Says, Newsweek, August 29, 2020.

[231] Wael Haddara and Faisal Kutty, The far right threat to government institutions and policy is systemic, The Hill Times, March 9, 2020. Also see generally, Cristina Ariza, Militaries Around the World Have a Neo-Nazi Problem: Military institutions and police forces are failing to contain right-wing extremism within their ranks, and the problem goes beyond just ‘a few bad apples’, Rantt Media, July 30, 2020; Katrin Bennhold, Body Bags and Enemy Lists: How Far-Right Police Officers and Ex-Soldiers Planned for ‘Day X’, New York Times, August 1, 2020; Doug Saunders, How was a neo-Nazi threat ignored for years? Because it looked so familiar, Globe and Mail, August 6, 2020; Danielle Schulkin, White Supremacist Infiltration of US Police Forces: Fact-Checking National Security Advisor O’Brien, Just Security, June 1, 2020; Alice Speri, The FBI Has Quietly Investigated White Supremacist Infiltration of Law Enforcement, Intercept, January 31, 2017; Maddy Crowell and Sylvai Varnham O’Regan, Extremist cops: how US law enforcement is failing to police itself, Guardian, December 13, 2019; Rashad Robinson, We can’t trust police to protect us from racist violence. They contribute to it: White nationalists pervade law enforcement, Guardian, August 21, 2020; Samantha Michaels, Minneapolis Police Union President Allegedly Wore a ‘White Power Patch’ and Made Racist Remarks, Mother Jones, May 30, 2020; Ryan Devereaux, Leaked Documents Show Police Knew Far-Right Extremists Were the Real Threat at Protests, not ‘ANTIFA’, Intercept, July 15, 2020; Alene Tchekmedyian, Deputies accused of being in secret societies cost L.A. County taxpayers $55 million, records show, Los Angeles Times, August 4, 2020; Kenya Downs, FBI warned of white supremacists in law enforcement 10 years ago. Has anything changed?, PBS, October 21, 2016; Vida Johnson, The Epidemic of White Supremacist Police, The Appeal, August 7, 2017; Jon Milton, Police, spies and white supremacy: A brief history, Ricochet, July 25, 2018; Jennifer Percival, It’s not OK: White supremacy and Australia’s security services, Interpreter, June 16, 2020; Theo Malhotra, Right-Wing Extremism in the Canadian Military, McGill Journal of Political Studies, February 23, 2020; Niall Walsh, Extremism is rising in Europe’s security forces, Oxford Analytica Daily Brief, February 21, 2020; Katrin Bennhold, As Neo-Nazis Seed Military Ranks, Germany Confronts ‘an Enemy Within’, New York Times, July 3, 2020; Jeff MaCausland, Inside the U.S. military’s battle with white supremacy and far-right extremism, NBC News, May 25, 2019; Christopher Jones, The American military’s extremist problem, The Week, May 12, 2019.

[232] Doug Saunders, How was a neo-Nazi threat ignored for years? Because it looked so familiar, Globe and Mail, August 6, 2020.

[233] Steve Benen, Trump and Republicans have become a post-policy party. Coronavirus proves it, NBC News.com, July 9, 2020.

[234] Ronald Brownstein, Trump’s America Is Slipping Away, The Atlantic, July 9, 2020; Protestors’ Anger Justified Even if Actions May Not Be: Most say police more likely to use excessive force on black individuals, Monmouth University Polling Institute, June 2, 2020; Jennifer Agiesta, CNN Poll: Trump losing ground to Biden amid chaotic week, CNN, June 8, 2020; Kim Parker, Juliana Menasce Horowitz, and Monica Anderson, Amid Protests, Majorities Across Racial and Ethnic Groups Express Support for the Black Lives Matter Movement, Pew Research Center, June 12, 2020; Scottie Andrew, Americans’ confidence in police falls to its lowest level in nearly three decades, new Gallup poll shows, CNN, August 12, 2020. Also see, Race relations in Canada 2019: A survey of Canadian public opinion and experience, Canadian Race Relations Foundation & Environics Institute for Survey Research, 2019; Lee Berthiaume, Canadian trust in police dwindling amid anti-racism protests, poll suggests: Results indicated Canadians are asking themselves questions about how police forces do their work, National Post, June 16, 2020.

[235] Nils Muižnieks, Police abuse – a serious threat to the rule of law, Commissioner for Human Rights of the Council of Europe, Council of Europe (coe.int), February 25, 2014.

[236] Dana Milbank, A massive repudiation of Trump’s racist politics is building, Washington Post, July 3, 2020.

[237] Richard Edelman, A crisis of trust: A warning to both business and government, Economist (theworldin.com), 2016; 2018 Edelman Trust Barometer, Edelman.com; 2020 Edelman Trust Barometer: Executive Summary, Edelman.com, January 19, 2020; 2020 Edelman Trust Barometer, Edelman.com, January 19, 2020.

[238] Eric Sigurdson, A Toxic Brew: The Politicization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018. Also see, The Global Risks Report 2017 (12 edition), World Economic Forum, 2017.

[239] Eric Sigurdson, Corporate Strategy and Geopolitical Risk in a G-Zero World: Inequality, Polarized Democracies, and the shifting economic and political landscape, Sigurdson Post, May 31, 2018.

[240] Eric Sigurdson, A Toxic Brew: The Politicization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018.  Also see generally: Robert D. Putnam, Bowling Alone: The Collapse and Revival of American Community (2001); Michael Woolcock & Deepa Narayan, Social Capital: Implications for Development Theory, Research and Policy, 15 World Bank Research Obs. 225 (2000); Robert D. Putnam, Making Democracy Work: Civic Traditions in Italy (1993); Brian O’Donnell, Civil Society: The Underpinning of American Democracy (1999); Susan Rose-Ackerman, Corruption: Greed, Culture and the State, 120 Yale L. J. Online 125 (2009); Larry J. Diamond, Three Paradoxes of Democracy, 1 J. DEM. 3 (1990); R. Wayne Thorpe (Chair, Section of Dispute Resolution), Report to the House of Delegates: Resolution 108, American Bar Association, August 2011; Daniel C. Préfontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, World Conference on the Universal Declaration of Human Rights, Montreal, Canada, December 7-9, 1998; World Leaders Adopt Declaration Reaffirming Rule of Law as Foundation for Building Equitable State Relations, Just Societies, Sixty-seventh General Assembly, United Nations Plenary, UN.org, September 24, 2012; Guiding Principles for Stabilization and Reconstruction: Rule of Law, Section 7, United States Institute of Peace, usip.org; The Role of the UN in Promoting the Rule of Law: Challenges and New Approaches, UN Chronicle, December 2012.

[241] Mike Baker, Jennifer Valentino-DeVries, Manny Fernandez and Michael LaForgia, Three Words. 70 Cases. The Tragic History of ‘I Can’t Breath’, New York Times, June 29, 2020.

[242] See, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003.

[243] See, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003.

[244] See, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003; Devan Cole, Top Trump officials claim there’s no systemic racism in US law enforcement agencies as Americans flood streets in protest, CNN, June 10, 2020; Riley Beggin, Trump officials say there is no systemic racism problem in law enforcement, Vox, June 7, 2020. Also see, Heather MacDonald, The Myth of Systemic Police Racism, Wall Street Journal, June 2, 2020; Konrad Yakabuski, Francois Legault’s denial of systemic racism reveals Quebec’s great divide, Globe and Mail, June 10, 2020; Claire Loewen, As premier denies systemic racism, black Quebecers point to their lived experience, CBC, June 2, 2020.

[245] From a force to a service: policing for the whole community, Association for the Prevention of Torture, June 26, 2020.

[246] The Report of the Race Relations and Policing Task Force (Ontario, April 1989) (Chair: C. Lewis).

[247] Andrew Goldsmith, Police reform and the problem of trust, Theoretical Criminology, Vol. 9, Issue 4, 2005.

[248] See, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003. Also see, Ranjana Natarajan, Racial Profiling has destroyed public trust in police. Cops are exploiting our weak laws against it, Washington Post, December 15, 2014.

[249] C.E. James, “‘Up to No Good’: Black on the Streets and Encountering Police” in V. Satzewich, Ed., Racism and Social Inequality in Canada: Concepts, Controversies & Strategies of Resistance, Thompson Educational Publishing, 1998.

[250] Andrew Goldsmith, Police reform and the problem of trust, Theoretical Criminology, Vol. 9, Issue 4, 2005.

[251] See, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003.

[252] Daniel Leblanc, Quebec objected to using the word ‘systemic’ in joint statement against racism, Globe and Mail, June 26, 2020.

[253] See, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003.

[254] Marie-Claude Landry, (Chief Commissioner, Canadian Human Rights Commission), Speech: Combatting racism in Canada: Remarks at the Black History Month panel discussion in honour of Fred Christie, Canadian Human Rights Commission (chrc-ccdp.gc.ca), February 29, 2020.

[255] See, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003.

[256] William Cummings, ‘Indefensible’: Trump slammed for sharing video where supporter yells ‘white power’ at protestors, USA Today, June 28, 2020. Also see, Michael Shear, Trump Retweets Racist Video Showing Supporter Yelling ‘White Power’, New York Times, June 28, 2020.

[257] See generally, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003.

[258] See generally, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003.

[259] Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003; Ontario’s anti-racism strategic plan, Ontario, Canada (Ontario.ca);  Dimensions of Racism, Office of the United Nations High Commission for Human Rights (OHCHR), February 19-20, 2003; Marie-Claude Landry (Chief Commissioner, Canadian Human Rights Commission), Speech: Combatting racism in Canada: Remarks at the Black History Month panel discussion in honour of Fred Christie, Canadian Human Rights Commission (chrc-ccdp.gc.ca), February 29, 2020; Recognition, justice and development: The midterm review of the International Decade for People of African Descent, United Nations (un.org); International Decade for People of African Descent, 2015-2024: Recognition, Justice, Development, Office of the High Commissioner for Human Rights, United Nations, 2015; John Allen, How We Rise: Systemic Racism and America today, Brookings, June 11, 2020.

[260] See, Inquiry Report, Paying the price: The human cost of racial profiling, Ontario Human Rights Commission, October 21, 2003; Isil Gachet, Combating Racism and Racial Discrimination in Europe, UN Chronicle, Vol. 44, Issue 3, 2008; Racism and its Effect on Society, Be United (be-utd.org), 2020; Joseph Barndt, Understanding and Dismantling Racism: The Twenty-First Century Challenge to White America, Fortress Press, 2007; Preventing and Countering Racial Profiling of African Descent, United Nations, 2019; Ashley Quarcoo, Global Democracy Supporters Must Confront Systemic Racism, Carnegie Endowment for International Peace, July 15, 2020; Graham Slaughter, Five charts that show what systemic racism looks like in Canada, CTV News, June 4, 2020; Shayanne Gal, Andy Kiersz, Michelle Mark, Ruobing Su, and Marguerite Ward, 26 simple charts to show friends and family who aren’t convinced racism is still a problem in America, Business Insider, July 8, 2020; Mabinty Quarshie, N’dea Yancey-Bragg, Anne Godlasky, Jim Sergent, and Veronica Bravo, 12 charts show how racial disparities persist across wealth, health, education and beyond, USA Today, June 18, 2020; Charlotte Edmond, 5 charts reveal key racial inequality gaps in US, World Economic Forum, June 2, 2020; Dominic Gilbert and Patrick Scott, In charts: the racial inequality in British society, The Telegraph, June 8, 2020; The Society for Adolescent Health and Medicine, Position Paper: Racism and Its Harmful Effects on Nondominant Racial-Ethnic Youth and Youth-Serving Providers: A Call to Action for Organizational Change, Journal of Adolescent Health, Vol. 63, Issue 2, 2018.

[261] What is systemic racism? There is broad national confusion about the concept, National Post, June 27, 2020.

[262] See generally, Lee Rawles, Well-meaning social reforms created ‘Prison by Any Other Name’, authors say, ABA Journal, July 22, 2020; Maya Schenwar and Victoria Law, Prison by Any Other Name: The Harmful Consequences of Popular Reforms, The New Press, 2020; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018.

[263] Eric Sigurdson, A Toxic Brew: The Politicization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018.

[264] Robert Stein, Rule of Law: What Does It Mean?, 18 Minnesota Journal of International Law 293, 2009. Also see, Eric Sigurdson, A Toxic Brew: The Politicization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018.

[265] Alison Kosik, Corporate America just gave police reform its blessing, CNN, July 1, 2020. Also see, Business Roundtable Calls on Congress to Pass Bipartisan Policing Reform Before August Recess, Business Roundtable (businessroundtable.org), July 1, 2020.

[266] See generally: Police Use of Force: An Examination of Modern Policing Practices – Briefing Report, United States Commission on Civil Rights, 2018; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018; Commissioner for Human Rights, Council of Europe, Opinion of Commissioner for Human Rights concerning independent and effective determination of complaints against the police, March 12, 2009; Honourable Michael H. Tulloch, Report of the Independent Police Oversight Review, Queen’s Printer for Ontario, Ministry of the Attorney General publications (attorneygeneral.jus.gov.on.ca), 2017; From a force to a service: policing for the whole community, Association for the Prevention of Torture, June 26, 2020; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011; Inquiry into the external oversight of police corruption and misconduct in Victoria, Parliament of Victoria, Independent Broad-based Anti-corruption Commission Committee, September 2018; From a force to a service: policing for the whole community, Association for the Prevention of Torture, June 26, 2020; Police Reform, Business Roundtable (businessroundtable.org), 2020; Robin Levinson-King, George Floyd death: Seven solutions to US police problems, BBC News, June 9, 2020; Business Roundtable Calls on Congress to Pass Bipartisan Policing Reform Before August Recess, Business Roundtable (businessroundtable.org), July 1, 2020; Dr. Scot Wortley (Professor, University of Toronto), Police Use of Force in Ontario: An Examination of Data From the Special Investigations Unit – Final Report to the Ipperwash Inquiry, African Canadian Legal Clinic, 2006.

[267] David Tanovich, The Charter of Whiteness: Twenty-Five Years of Maintaining Racial Injustice in the Canadian Justice System, The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference, Vol. 40, Issue 1, Article 21, 2008.

[268] Matthew Yglesias, The End of Policing left me convinced we still need policing, Vox, June 18, 2020;

[269] Derek Thompson, Unbundle the Police: American policing is a gnarl of overlapping services that should be demilitarized and disentangled, The Atlantic, June 11, 2020; Matthew Yglesias, The End of Policing left me convinced we still need policing, Vox, June 18, 2020; Rashwan Ray, What does ‘defund the police’ mean and does it have merit?, Brookings, June 19, 2020.

[270] Rashwan Ray, What does ‘defund the police’ mean and does it have merit?, Brookings, June 19, 2020; Josiah Bates and Karl Vick, America’s Policing System Is Broken. It’s Time to Radically Rethink Public Safety, Time, August 6, 2020.

[271] Olivia Bowden, Tory tables ‘sweeping’ reforms to Toronto police, including budget reallocation, CBC News, August 11, 2020.

[272] Olivia Bowden, Tory tables ‘sweeping’ reforms to Toronto police, including budget reallocation, CBC News, August 11, 2020; Virtual Public Meeting, Toronto Police Services Board (tpsb.ca), Tuesday, August 18, 2020 (item 3: Policing Reform Initiatives and Accompanying Presentations); Sabrina Gamrot, ‘Funding other systems is key’: Peel police chief responds to calls for defunding police department, June 17, 2020; Rashwan Ray, What does ‘defund the police’ mean and does it have merit?, Brookings, June 19, 2020; Josiah Bates and Karl Vick, America’s Policing System Is Broken. It’s Time to Radically Rethink Public Safety, Time, August 6, 2020.

[273] Joel Shannon, Federal agency: Supporting ‘Black Lives Matter’ isn’t partisan or political, USA Today, July 24, 2020.

[274] Meenakshi Mannoe and Vyas Saran, What Does ‘The End of Policing’ Look Like, The Tyee, June 9, 2020.

[275] Alex Napoliello and S.P. Sullivan, N.J. will track police use of force, require licensing cops, AG says as protests roil nation, NJ.com, June 2, 2020; Tony Arnold, Chicago Mayor Lightfoot and Illinois Gov. Pritzker Signal Support for Licensing Cops, NPR, June 9, 2020; Policing the Police – Licensing and Decertification for Police Officers (podcast), National Law Review, May 23, 2016.

[276] Leah Donnella, How Much Do We Need the Police?, NPR.org, June 3, 2020.

[277] Rashmee Kumar, Envisioning an America Free From Police Violence and Control, The Intercept, October 15, 2017. Also see, Alex Vitale, The End of Policing, Verso, 2017.

[278] Commissioner for Human Rights, Council of Europe, Opinion of Commissioner for Human Rights concerning independent and effective determination of complaints against the police, March 12, 2009; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011; Inquiry into the external oversight of police corruption and misconduct in Victoria, Parliament of Victoria, Independent Broad-based Anti-corruption Commission Committee, September 2018; Editorial Board, Too often ‘police oversight’ still means police investigating themselves. That has to change, Globe and Mail, July 15, 2020; Catharine Tunney, RCMP says improper force allegations confirmed in just 1 per cent of cases: Police accountability officers say small figure doesn’t tell the whole story, CBC, August 2, 2020; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018.

[279] Inquiry into the external oversight of police corruption and misconduct in Victoria, Parliament of Victoria, Independent Broad-based Anti-corruption Commission Committee, September 2018; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011.

[280] United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011.

[281] From a force to a service: policing for the whole community, Association for the Prevention of Torture, June 26, 2020. Also see, Julian Borger, Trump consults Bush torture lawyer on how to skirt law and rule by decree, The Guardian, July 20, 2020 (“legal memo … stated: ‘Necessity or self-defense may justify interrogation methods that might violate’ the criminal prohibition on torture”).

[282] See for example, Candice Norwood, Can States Tackle Police Misconduct with Certification Systems? One researcher argues that issuing professional licences to law enforcement improves the oversight of local departments, The Atlantic, April 9, 2017;

[283] For example see: USA: Devin Dwyer, Supreme Court won’t revisit qualified immunity for police, leaving it to Congress, ABC News, June 22, 2020; Meera Jagannathan, ‘They get a get-out-of-jail-free card’: How qualified immunity protects police and other government officials from civil lawsuits, MarketWatch, June 27, 2020; Daniel Epps, Abolishing Qualified Immunity Is Unlikely to Alter Police Behavior, New York Times, June 16, 2020; Martin Schwartz, How the Supreme Court Enables Police Excessive Force, New York Law Journal, June 5, 2020; Hailey Fuchs, Qualified Immunity Protection for Police Emerges as Flash Point Amid Protests, New York Times, June 23, 2020; Associated Press, Supreme Court declines to hear cases of qualified immunity for U.S. police officers, CBC News, June 15, 2020; Ruth Marcus, The Supreme Court invented qualified immunity. Now, a judge’s blistering opinion shows why it must go, Washington Post, August 5, 2020. Australia: Stephen Gray, You Can’t Charge Me, I’m a Cop: Should Police, Corrections Staff and Law Enforcement Officers Be Immune from Criminal Liability for Actions Carried Out against Vulnerable People in the Course of Their Duties?, UNSW Law Journal, Vol. 41, Issue 3, 2018. Canada: Lee Friday, How Canadian Cops’ Legal Immunity Endangers the Public, Mises Institute, August 14, 2019. General: Ameilia Cheatham and Lindsay Maizland, How Police Compare in Different Democracies, Council on Foreign Relations, June 30, 2020.

[284] Franklin Zimring, Franklin Zimring on Imposing ‘don’t shoot’ rules to improve policing, The Economist, July 20, 2020. Also see, Franklin Zimring, When Police Kill, Harvard University Press, 2017.

[285] From a force to a service: policing for the whole community, Association for the Prevention of Torture, June 26, 2020; Police Reform, Business Roundtable (businessroundtable.org), 2020; Business Roundtable Calls on Congress to Pass Bipartisan Policing Reform Before August Recess, Business Roundtable (businessroundtable.org), July 1, 2020; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018; David Plymyer, One way to detoxify the police culture: rein in their union: Some practical steps to reshape police behavior by taking away the extraordinary power of the Fraternal Order of Police to thwart accountability, BaltimoreBrew.com, June 9, 2020; Samuel Walker, The neglect of police unions: exploring one of the most important areas of American policing, Police Practice and Research, An International Journal, Volume 9, Issue 2, 2008; Professor Stephen Rushin, Police Disciplinary Appeals, University of Pennsylvania Law Review, Vol. 167, No. 3, February 2019; Tate Fegley, Police Unions and Officer Privileges, Independent Institute, June 6, 2020; Jorge Ortiz, ‘The major stumbling block’: Powerful police unions stand in the way of structural reform, experts say, USA Today, June 12, 2020. Also see generally: Kimberly Kindy and Mark Berman, Police Chiefs and mayors push for reform: Then they run into veteran officers, unions and ‘how culture is created’, Washington Post, June 28, 2020; Noam Scheiber, Farah Stockman, and J. David Goodman, How Police Unions Became Such Powerful Opponents to Reform Efforts, New York Times, June 6, 2020 (Updated June 20, 2020); Danny McDonald, In letter, Boston police union blasts Black Lives Matter, drawing sharp rebuke, Boston Globe, February 5, 2020; Samantha Michaels, Minneapolis Police Union President Allegedly Wore a ‘White Power Patch’ and Made Racist Remarks: Lt. Bob Kroll’s brash leadership and influence over police department culture are in the spotlight, Mother Jones, May 30, 2020; Tom Nolan, Militarization has fostered a policing culture that sets up protestors as ‘the enemy’, The Conversation, June 2, 2020; Kimbriell Kelly, Wesley Lowery and Steven Rich, Fired/Rehired: Police chiefs are often forced to put officers fired for misconduct back on the streets, Washington Post, August 3, 2017; Nelli Black and Drew Griffin, Police unions have helped shield officers from accountability. Now they’re facing unprecedented backlash, CNN, July 2, 2020; Franca Mignacca, Black Montreal police officers call on their union to stop denying systemic racism, CBC, June 28, 2020; Eduardo Reyes, It’s black and white, The Law Society Gazette (lawgazette.co.uk), June 29, 2020; Melissa Alonso, Minneapolis’ top cop sued the department in 2007. Here’s why it matters today, CNN, June 1, 2020; David Brooks, The Culture of Policing is Broken: Brutality and dehumanization are deeply embedded in many departments, The Atlantic, June 16, 2020; Barbara Armacost, The Organizational Reasons Police Departments Don’t Change, Harvard Business Review, August 19, 2016; Lesley Bikos, It’s not just the RCMP: Police culture is toxic, Globe and Mail, May 17, 2017; William Walsh and Gennaro Vito, Police Leadership and Administration: A 21^st Century Approach, Routledge, 2019; Christopher Murphy and Paul McKenna, Rethinking Police Governance, Culture & Management: A Summary Review of the Literature, prepared for Task Force on Governance and Cultural Change in the RCMP, Public Safety Canada, 2007; Policing Canada in the 21^st Century: New Policing for New Challenges – The Expert Panel on the Future of Canadian Policing Models, Council of Canadian Academies, 2014; Allyson Collins, Shielded from Justice: Police Brutality and Accountability in the United States, Human Rights Watch, 1998.

[286] James Sudakow, If You Don’t Build your Culture, One Will Form on its Own (and you might not like what you get), Inc, February 23, 2017.

[287] Eric Sigurdson, Corporate Leadership and Culture: United Airlines & the ‘Re-accomodated’ Doctor – guiding principles for Boards, C-suite executives, and General Counsel, Sigurdson Post, May 2, 2017.

[288] Also see, Eric Sigurdson, Corporate Culture, Leadership and Personal Liability – Ethics and Compliance Programs in the 21^st Century, Sigurdson Post, October 5, 2016.

[289] Also see, Eric Sigurdson, Corporate Culture, Leadership and Personal Liability – Ethics and Compliance Programs in the 21^st Century, Sigurdson Post, October 5, 2016.

[290] Eric Sigurdson, Corporate Leadership and Culture: United Airlines & the ‘Re-accomodated’ Doctor – guiding principles for Boards, C-suite executives, and General Counsel, Sigurdson Post, May 2, 2017.

[291] PwC 2016 CEO Success Study, strategyand.pwc.com; Per-Ola Karlsson, DeAnne Aguirre, and Kristin Rivera, Are CEOs Less Ethical Than in the Past?, Strategy and Business, May 15, 2017; Shelly Dubois, Cheating business minds: How to break the cycle, Fortune, July 20, 2012. Also see, Luann Lynch and Carolos Santos, VW Emissions and the 3 Factors that Drive Ethical Breakdown, Darden School of Business (University of Virginia), October 17, 2016.

[292] Bryan Walker and Sarah Soule, Changing Company Culture Requires a Movement, Not a Mandate, Harvard Business Review, June 20, 2017.

[293] Emil Moschella and Joseph Murphy, Corporate Compliance Approach to Racism and Excessive Force Issues in Police Departments, Compliance & Enforcement (New York University School of Law, wp.nyu.edu), August 3, 2020. Also see, Eric Sigurdson, Corporate Culture, Leadership and Personal Liability – Ethics and Compliance Programs in the 21^st Century, Sigurdson Post, October 5, 2016.

[294] Eric Sigurdson, Corporate Culture, Leadership and Personal Liability – Ethics and Compliance Programs in the 21^st Century, Sigurdson Post, October 5, 2016.

[295] Eric Sigurdson, Corporate Leadership and Culture: United Airlines & the ‘Re-accomodated’ Doctor – guiding principles for Boards, C-suite executives, and General Counsel, Sigurdson Post, May 2, 2017; Eric Sigurdson, Corporate Culture, Leadership and Personal Liability – Ethics and Compliance Programs in the 21^st Century, Sigurdson Post, October 5, 2016; Deloitte, Corporate Culture: The second ingredient in a world-class ethics and compliance program, Deloitte.com, 2015;

[296] Center for Regulatory Strategy, Managing Conduct Risk: Addressing Drivers, Restoring Trust, Deloitte, 2017.

[297] James Surowiecki, Why Are Police Unions Blocking Reform?, New Yorker, September 12, 2016.

[298] Kathleen Harris, Supreme Court’s chief justice calls for more diversity in Canada’s legal system, CBC, June 18, 2020.

[299] See, Eric Sigurdson, A Toxic Brew: The Politicization of the Rule of Law and Judicial Independence, Sigurdson Post, September 30, 2018.

[300] Anna Wong, Speaker’s Corner: Why judicial diversity matters, Law Times, February 2, 2015. See, for example: Zack Beauchamp, Brett Kavanaugh and the Supreme Court’s looming legitimacy crisis: confirming Kavanaugh could lead to a collapse in faith for the Court – with dire consequences for American democracy, Vox, September 24, 2018; Gerald Seib, Kavanaugh Controversy Adds to Public’s Crisis of Confidence: As Americans continue to lose faith in bedrock democratic institutions, Wall Street Journal, September 24, 2018.

[301] Omar Ha-Redeye, Rethinking the judicial appointment process, National Magazine.ca (Canadian Bar Association), Spring 2016.

[302] See for example, Why is Judicial Independence Important to You?, Canadian Judicial Council (cjc-ccm.gc.ca), May 2016; Canada (Minister of Citizenship and Immigration) v. Tobiass, [1997] 3 S.C.R. 391; R. v. Lippe, [1991] 2 S.C.R. 114 (“the overall objective of guaranteeing judicial independence is to ensure a reasonable perception of impartiality”.).

[303] See for example, Professional Development, Canadian Judicial Council (cjc-ccm.ca).

[304] Therrien (Re), [2001] 2 S.C.R. 3, 2001 SCC 35 (CanLII), para. 109 (Gonthier J.).

[305] A History of the Vote in Canada: Chapter 4 – The Charter Era, Elections Canada (elections.ca); Erika Wood, Restoring the Right to Vote, Brennan Center for Justice, 2009; Carol Anderson, One Person, No Vote: How Voter Suppression is Destroying Our Democracy, Bloomsbury Publishing, 2018; Timothy Smith, How voter suppression threatens our democracy, Washington Post, September 20, 2018; Rev. Jesse Jackson and David Daley, Voter Suppression Is Still One of the Greatest Obstacles to a More Just America, Time, June 12, 2020. Also see: El Jones, If we’re serious about addressing systemic racism, then prisoners should have the right to vote in the upcoming elections, Halifax Examiner, June 21, 2020; Andrew MacLeod, The Not-So-Hidden Role of Racism in Canadian Politics: indigenous people, racialized minorities struggle with the idea of participating in a process that has excluded them, The Tyee, July 8, 2019; Robin Sears, Vote suppression is not Canadian, The Star, June 23, 2019; Hasan Ali, The Voter Suppression Playbook Is Britain’s Latest Toxic Import from the US: The slogan is ‘voter integrity’. The targets are minority voters, The Nation, December 10, 2019; The right to vote is not enjoyed equally by all Australians, Australian Human Rights Commission, February 2010; Liam Thorne and Nina Dillon Britton, Voter Suppression Laws: Australia’s democracy fails to engage its most vulnerable communities, Honi Soit, May 16, 2019; Federico Fubini, Voter Suppression Comes to Europe, Project Syndicate, January 9, 2020.

[306] Eric Sigurdson, Corporate Strategy and Geopolitical Risk in a G-Zero World: Inequality, Polarized Democracies, and the shifting economic and political landscape, Sigurdson Post, May 31, 2018.

[307] See generally, Eric Sigurdson, Corporate Strategy and Geopolitical Risk in a G-Zero World: Inequality, Polarized Democracies, and the shifting economic and political landscape, Sigurdson Post, May 31, 2018; Eric Sigurdson, Taxation, Corporations, and the Financial Elite: a pathway for leadership, social responsibility, and economic growth – can society avoid the dangerous ‘race to the bottom’?, Sigurdson Post, March 31, 2019.

[308] Adam Gartrell, Now everyone admits it: political donations buy access and influence, Sydney Morning Herald, January 20, 2018; Iain McMenamin, No bribes please, we’re corrupt Australians, The Conversation, May 30, 2016.

[309] John F. Kennedy Quotations, JFK Library.org (Speech at Loyola College Alumni Banquet, Baltimore, Maryland, 18 February, 1958). 

[310] See generally, Osagie Obasogie and Zachary Newman, Police Violence, Use of Force Policies, and Public Health, American Journal of Law & Medicine, Vol. 43, 2017; Allyson Collins, Shielded From Justice: Police Brutality and Accountability in the United States, Human Rights Watch, 1998; Leonard Moore, Police Brutality in the United States, Encyclopaedia Britannica, July 27, 2020; African Americans, Police Use of Force, and Human Rights in the United States, Inter-American Commission on Human Rights, 2018; J.H. Skolnic, Policing (pages 11535-11541), in Neil Smelser and Paul Baltes (editors), International Encyclopedia of the Social & Behavioral Sciences, 2001; Rev. Jesse Jackson and David Daley, Voter Suppression Is Still One of the Greatest Obstacles to a More Just America, Time, June 12, 2020; Omeed Ilchi and James Frank, Public servants or soldiers? A test of the police-military equivalency hypothesis, Journal of Crime and Justice, Vol. 43, Issue 2, 2020; Christopher Murphy, ‘Securitizing’ Canadian Policing: A New Policing Paradigm for the Post 9/11 Security State?, Canadian Journal of Sociology, Vol. 32, No. 4, 2007; Amanda Taub, Police the Public, or Protect It? For a U.S. in Crisis, Hard Lessons From Other Countries, New York Times, June 11, 2020.

[311] See generally: John Lewis, Together, You Can Redeem the Soul of Our Nation, New York Times, July 30, 2020.

[312] See for example, Editorial Board, Jacob Blake is a sickening déjà vu, Washington Post, August 24, 2020; Sports world unites in protest of Jacob Blake shooting, ABC News (video), August 27, 2020; Josh Elliott, Black man shot multiple times after turning his back to police in Kenosha, Wisc., Global News, August 24, 2020; Miles Herszenhorn, Putin uses Jacob Blake shooting to call US and EU hypocrites on Belarus, Politico, August 27, 2020.

[313] Andre Picard, Police can respond with bullets or patience – one is clearly better, Globe and Mail, July 6, 2020.

[314] Jonathan Chait, Trump Has Gone Full Authoritarian, New York Magazine, Intelligencer, June 6, 2020. Also see, Adam Serwer, Trump Gave Police Permission to Be Brutal, The Atlantic, June 3, 2020.

[315] Peter Turchin, I predicted 2020 would be a mess for the U.S. Could that help prevent a second civil war?, Globe and Mail, July 3, 2020. Also see, Peter Turchin, Ages of Discord: A Structural-Demographic Analysis of American History, Beresta Books, 2016.

[316] Daniel C. Préfontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, World Conference on the Universal Declaration of Human Rights, Montreal, Canada, December 7-9, 1998. Also see, Erik Schatzker, Hedge fund billionaire warns of ‘revolution’ over income inequality, Toronto Star, April 5, 2019; Richard Feloni, Hedge-fund billionaire Ray Dalio says ‘the American dream is lost’, Business Insider, April 8, 2019; Mark Niquette, Dalio Says Capitalism’s Income Inequality is National Emergency, Bloomberg, April 7, 2019.

[317] Kevin Clements, What is legitimacy and why does it matter for peace?, In Alexander Ramsbotham and Achim Wennmann (eds.), Legitimacy and peace processes: From coercion to consent, Accord: an international review of peace initiatives, Issue 25, 2014. Also see, Peter Turchin, I predicted 2020 would be a mess for the U.S.  Could that help prevent a second civil war?, Globe and Mail, July 3, 2020; Peter Turchin, Ages of Discord: A Structural-Demographic Analysis of American History, Beresta Books, 2016.

[318] See generally: Jonathan Jackson, Ben Bradford, Mike Hough, and K. Murray, Compliance with the Law and Policing by Consent: Notes on Police and Legal Legitimacy (chapter 2), In Adam Crawford and Anthea Hucklesby (eds), Legitimacy and Compliance in Criminal Justice, Routledge, 2013; United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, United Nations, 2011; Kevin Morrell and Ben Bradford, Policing and Public Management: governance, vices and virtues, Routledge, 2019; Module 5: Police Accountability, Integrity and Oversight, Topic one – Policing in democracies and the need for accountability, integrity, oversight, in E4J University Module Series: Crime Prevention and Criminal Justice, UNODC (unodc.org), July 2019; Policing Vision 2025, Association of Police and Crime Commissioners & National Police Chiefs’ Council (npcc.police.uk), 2016; Marnie Clark, Rebecca Davidson, Vanessa Hanrahan, and Norman Taylor, Public trust in policing: a global search for the genetic code to inform policy and practice in Canada, Journal of Community Safety and Well-Being, Vol. 2, Issue 3, 2017; Debo Adegbile, Policing Through an American Prism, The Yale Law Journal, Vol. 126, No. 7, 2017; Omeed Ilchi and James Frank, Public servants or soldiers? A test of the police-military equivalency hypothesis, Journal of Crime and Justice, Vol. 43, Issue 2, 2020; Christopher Murphy, ‘Securitizing’ Canadian Policing: A New Policing Paradigm for the Post 9/11 Security State?, Canadian Journal of Sociology, Vol. 32, No. 4, 2007; Amanda Taub, Police the Public, or Protect It? For a U.S. in Crisis, Hard Lessons From Other Countries, New York Times, June 11, 2020. Also see, Peter Turchin, I predicted 2020 would be a mess for the U.S.  Could that help prevent a second civil war?, Globe and Mail, July 3, 2020; Peter Turchin, Ages of Discord: A Structural-Demographic Analysis of American History, Beresta Books, 2016.

[319] Annie Linskey, On the country’s birthday, Biden offers hopeful counterpoint to Trump’s message, Washington Post, July 4, 2020;

[320] See generally, Ben Sherwood, The cure for Covid-19 is trust, CNN, July 24, 2020.