The Alberta government has decided against extending a regulation that prohibited the practice of “carding” by police officers. However, the province affirms that the activity remains prohibited under alternative laws.
The provincial regulation, which enforced the ban, was up for renewal in the summer but a letter from the government to the Alberta Association of Police Governance, disclosed by the Edmonton police commission, stated that the province would not be renewing it.
Carding involves police officers stopping individuals without cause and requesting identification. Advocates argue that this practice often leads to racial profiling, with data from across Canada revealing that people of color are more likely to be carded compared to white individuals. A 2016 freedom of information request to the Edmonton Police Service uncovered that Indigenous people were four times more likely to be subjected to carding.
The government’s letter mentioned that the decision to let the regulation lapse was based on reports submitted annually by police forces across the province, as mandated by the regulation. The reports strongly indicated that officers were adhering to other legislation when conducting stops.
The office of Public Safety Minister Mike Ellis clarified that while the regulation was not being renewed, the province’s Police Act permanently prohibits carding. Officers are still required to have a lawful reason for requesting information and must respect Charter rights, including the right not to be stopped or questioned arbitrarily.
In 2021, Alberta officially banned carding and established new guidelines for situations where officers request identification from the public. Although the Police Act in Alberta also prohibits carding, it does not mandate police services to report annually on attempts to collect information through other forms of stops, such as street checks.
Street checks involve officers stopping individuals and requesting information for specific reasons. These reports were intended to be made publicly available to ensure that people of color were not disproportionately subjected to street checks.
The Calgary Police Service stated that it never engaged in carding or street checks before the regulation was implemented. Meanwhile, the Edmonton Police Service indicated that they do not use the term “street check” and instead document officer interactions as “officer contact reports,” a practice they say is highly regulated.
Temitope Oriola, a criminology professor at the University of Alberta, expressed disappointment at the government’s choice not to renew the regulation. Oriola emphasized the importance of clear and consistent policies for officers to effectively perform their duties.
He acknowledged that while the initial regulation had flaws, subsequent amendments to the Police Act were positive. However, Oriola highlighted the benefits of the regulation and criticized the decision not to renew it.
Arthur Green reiterated that citizens have avenues to address concerns if they feel unfairly treated by the police, including local police commissions and independent oversight bodies.
