1 00:00:00,330 --> 00:00:05,040 Our next speaker is Mrs. Venues Mama Venues is the principal of Liberty Lodge Chambers. 2 00:00:05,040 --> 00:00:10,830 She's also the managing director of the Centre for Justice and a good friend of mine. 3 00:00:10,830 --> 00:00:16,640 She's going to speak on whether colour-blind legislation does in fact lead to racial justice. 4 00:00:16,640 --> 00:00:24,560 Good evening. The emphasis of my talk tonight is going to be social justice rather than the law. 5 00:00:24,560 --> 00:00:30,950 Having just said that, I would like to begin with the Bermuda Constitution as a starting point. 6 00:00:30,950 --> 00:00:39,080 The Bermuda Constitution emulates the principles espoused by the Universal Declaration of Human Rights and the European Convention on Human Rights, 7 00:00:39,080 --> 00:00:47,120 namely that human rights are inalienable regardless of race, creed or religion. 8 00:00:47,120 --> 00:00:53,390 When it comes to examining the effect or impact laws as they relate to racial justice and equality, 9 00:00:53,390 --> 00:01:00,500 it is important to remember the aims and objectives of the Universal Declaration and the European Convention. 10 00:01:00,500 --> 00:01:03,860 Both instruments followed the Second World War. 11 00:01:03,860 --> 00:01:14,240 So the main concern at that time was political and civil rights, meaning the protection of fundamental rights of the individual from the state. 12 00:01:14,240 --> 00:01:21,500 Equality before the law was and is deemed to be the backbone of a free and democratic society. 13 00:01:21,500 --> 00:01:24,860 Those ideals were and are good. 14 00:01:24,860 --> 00:01:36,440 But when it comes to racial justice and equality, any legislation that emulates principles of equality before the law presumes a level playing field. 15 00:01:36,440 --> 00:01:45,650 The abolition of slavery in 1954 and racial desegregation in 1968 did not create a clean slate. 16 00:01:45,650 --> 00:01:54,860 The emphasis being equality, we have achieved that in law, as you have heard this evening, well, except for what Walton had to say. 17 00:01:54,860 --> 00:02:06,590 But we have perpetuated inequities in society. The difference between equality and equity can easily be shown in our criminal justice system. 18 00:02:06,590 --> 00:02:13,670 On the face. Our laws are fair and impartial and their appearance, their colour-blind. 19 00:02:13,670 --> 00:02:24,020 But in effect, sometimes they are not. One such example is the stop and search powers under section three one five f of the Criminal Code Act. 20 00:02:24,020 --> 00:02:29,840 The police have the power to stop and search people and vehicles under various pieces of legislation, 21 00:02:29,840 --> 00:02:38,180 so long as there are reasonable grounds for suspecting that they are carrying, for example, stolen goods, drugs or weapons. 22 00:02:38,180 --> 00:02:45,890 We take no issue with those provisions under Section three one five F, as amended in 2010. 23 00:02:45,890 --> 00:02:51,290 If an inspector above reasonably suspects that serious violence may take place 24 00:02:51,290 --> 00:02:57,560 in any locality or that dangerous weapons may be carried out in any locality, 25 00:02:57,560 --> 00:03:05,150 he may give authorisation that police officers may stop and search any personal vehicle. 26 00:03:05,150 --> 00:03:12,370 The police officer is not required even subjectively to reasonably suspect that the person or vehicle he 27 00:03:12,370 --> 00:03:20,640 is going to stop and search is about to engage in an act of violence or is carrying a dangerous weapon. 28 00:03:20,640 --> 00:03:29,670 The constitutionality of this provision aside, this legislation has had a disparate impact on the black community. 29 00:03:29,670 --> 00:03:33,450 According to statistics released by the Bermuda Police Service, 30 00:03:33,450 --> 00:03:40,410 stops and searches jumped from three thousand seven hundred twenty in 2009 to nine thousand 31 00:03:40,410 --> 00:03:50,180 four hundred nineteen in 2010 and to seventeen thousand four hundred twenty nine in 2011. 32 00:03:50,180 --> 00:03:59,180 Based on the data released by the Bermuda police, over 90 percent of those stopped and searched were black. 33 00:03:59,180 --> 00:04:05,210 What these statistics did not reveal was the impact and perhaps unintended consequences 34 00:04:05,210 --> 00:04:12,050 of section three one five f on the black community as a result of those powers. 35 00:04:12,050 --> 00:04:18,890 The Magistrates Court were flooded with young black males who had been stopped and searched only three one five f, 36 00:04:18,890 --> 00:04:29,760 ostensibly because that locality had been authorised for such searches in order to prevent violence or seise weapons. 37 00:04:29,760 --> 00:04:37,620 But they weren't in court for that. What we were told by the defence bar was that these young men were being prosecuted 38 00:04:37,620 --> 00:04:44,430 for offences other than what Section three one five F was intended to be used for. 39 00:04:44,430 --> 00:04:52,590 And of course, this meant a criminal record. And, of course, the infamous stop list. 40 00:04:52,590 --> 00:04:54,450 So statistically, 41 00:04:54,450 --> 00:05:04,980 the Bermuda police were unable to show a correlation between three one five F stops and searches and seizure of weapons and arrests of violent crimes. 42 00:05:04,980 --> 00:05:08,460 We have more clear statistics in the United States. 43 00:05:08,460 --> 00:05:18,210 In a 2002 national survey on stops and searches broken down by ref by race and ethnicity, that is why black and Hispanics, 44 00:05:18,210 --> 00:05:27,990 the data collected showed that equal number of and I repeat, equal number of whites, blacks and Hispanics were stopped by the police. 45 00:05:27,990 --> 00:05:33,840 Of those stopped, less than four percent who were searched were white, 46 00:05:33,840 --> 00:05:40,560 whereas over 10 and 11 percent of the blacks and Hispanics were actually searched. 47 00:05:40,560 --> 00:05:45,360 Criminal evidence found on those searched was completely in reverse. 48 00:05:45,360 --> 00:05:51,360 Of those search, less than forty four percent of the blacks were in possession of something illegal. 49 00:05:51,360 --> 00:06:01,350 Whereas over 12 percent of the Hispanics and over 14 percent of the whites were in possession of something illegal. 50 00:06:01,350 --> 00:06:04,830 We have interesting statistics from the UK as well. 51 00:06:04,830 --> 00:06:15,270 But before I turn to those statistics, I should pause to mention the case that Chan referred to in his opening. 52 00:06:15,270 --> 00:06:21,510 That case involves section six 6E of the UK Criminal Justice and Public Order Act of 1994, 53 00:06:21,510 --> 00:06:27,510 which is identical to our Section three one five F, and that case went all the way to the two. 54 00:06:27,510 --> 00:06:37,860 The Supreme Court Lady Hale, whom we all know and respect as very liberal, had this to say. 55 00:06:37,860 --> 00:06:45,570 There are great benefits to the public in such a power. It is the randomness and therefore the unpredictability of the search, 56 00:06:45,570 --> 00:06:52,140 which has a deterrent effect and also increases the chance that weapons will be detected. 57 00:06:52,140 --> 00:06:59,010 The purpose of this is to reduce the risk of serious violence where knives and other offensive weapons are used, 58 00:06:59,010 --> 00:07:04,470 especially that associated with gangs and large crowds. 59 00:07:04,470 --> 00:07:14,430 It must be borne in mind that many of these gangs are largely composed of young black people from black and minority ethnic groups. 60 00:07:14,430 --> 00:07:18,870 While there is a concern that these groups should be disproportionately targeted, 61 00:07:18,870 --> 00:07:24,690 it is members of these groups that will benefit the most from the reduction in violence, 62 00:07:24,690 --> 00:07:29,640 serious injury and death that may result from the use of such powers. 63 00:07:29,640 --> 00:07:40,380 Put bluntly, it is mostly young black lives that will be saved if there's less gang violence in London, in London and some other cities. 64 00:07:40,380 --> 00:07:45,180 It is important to bear in mind, as Lady Hale edges to do that. 65 00:07:45,180 --> 00:07:51,240 Statistics show that her observations do not accord with reality. 66 00:07:51,240 --> 00:07:59,520 In July 2013, I'm sorry, in July 2013, the UK secretary of state for the Home Department, Theresa May, 67 00:07:59,520 --> 00:08:06,930 announced that of the more than one million stops and searches performed on the basis of reasonable suspicion, 68 00:08:06,930 --> 00:08:11,490 on average only nine percent resulted in an arrest. 69 00:08:11,490 --> 00:08:21,270 The UK Metropolitan Police said in 2014 that it was able to increase its search to arrest ratio to one in five at the same time. 70 00:08:21,270 --> 00:08:28,110 It has discreet, I'm sorry, decrease the number of random stops that it carries without reasonable cause. 71 00:08:28,110 --> 00:08:34,200 In other words, the rate of legitimate arrests have increased where the police have done their job and 72 00:08:34,200 --> 00:08:40,380 first assess whether there exists reasonable grounds to stop a person before doing so, 73 00:08:40,380 --> 00:08:50,220 rather than relying on his race. Statistics tell us part of the story, but not all of it. 74 00:08:50,220 --> 00:08:54,060 The social narrative reveals the other part of the story. 75 00:08:54,060 --> 00:09:02,580 I used to think that with a combination of statistics and data and anecdotal evidence, we would be able to advance racial justice. 76 00:09:02,580 --> 00:09:10,890 Sadly, my experience with section three one five f over the last few years has proved me wrong, partially wrong. 77 00:09:10,890 --> 00:09:15,090 Clearly, statistics are important, but they're not enough. 78 00:09:15,090 --> 00:09:25,110 So long as we don't address some basic core beliefs that we have as a society, we do have a long road ahead of us. 79 00:09:25,110 --> 00:09:30,900 I'd like to pause here for a minute so I can provide some context to what I've just said. 80 00:09:30,900 --> 00:09:38,640 Section three one five f stop and search powers was the very first issue that Centre for Justice decided to address. 81 00:09:38,640 --> 00:09:45,780 At our very first board of directors meeting, I mentioned that a young black male had come to see me a few months earlier. 82 00:09:45,780 --> 00:09:54,840 He had been stopped nine times over a 13 month period. This young man had a bachelor's degree and a full time job. 83 00:09:54,840 --> 00:10:02,910 Nothing about this young man. How he dressed, how he looked, how he spoke, projected an image of gang type behaviour. 84 00:10:02,910 --> 00:10:07,710 Yet he had been stopped nine times. 85 00:10:07,710 --> 00:10:17,460 What I learnt from my talks and speeches and private conversations about Section three one five powers was that when it came to police powers, 86 00:10:17,460 --> 00:10:24,600 the reaction to it was mixed. Blacks and whites in roughly equal numbers were divided on whether the police should have the power 87 00:10:24,600 --> 00:10:32,250 to do what they needed to do to stop violence versus the supremacy of our constitutional rights. 88 00:10:32,250 --> 00:10:37,500 But when it came to the story of the young black man who had been stopped nine times, 89 00:10:37,500 --> 00:10:42,000 the reaction of blacks and whites were completely racially divided. 90 00:10:42,000 --> 00:10:49,350 The blacks understood immediately that this young male fit a certain profile by virtue of his race. 91 00:10:49,350 --> 00:10:55,710 His character was never questioned by them. The Whites, on the other hand, wanted to know more. 92 00:10:55,710 --> 00:11:00,630 How did he look when he was stopped? Where was he? What was he doing? 93 00:11:00,630 --> 00:11:02,400 Who was he with? 94 00:11:02,400 --> 00:11:12,480 One sympathetic listener sighed that it was unfortunate that he hadn't attended someone like Harvard because his story would then be more impactful. 95 00:11:12,480 --> 00:11:19,470 Another, perhaps less sympathetic listener observed that whilst this man's experience was unfortunate, 96 00:11:19,470 --> 00:11:27,050 he must have been in the system, otherwise he wouldn't have been stopped so many times. 97 00:11:27,050 --> 00:11:36,290 In Bermuda, police don't kill, fortunately, but when it comes to stop and search, the narrative is very similar of, 98 00:11:36,290 --> 00:11:44,880 if not identical to, that in the United States, and it now looks like in the UK as well. 99 00:11:44,880 --> 00:11:50,490 When it comes to an encounter with a police meaning police brutality or killing or abuse of power, 100 00:11:50,490 --> 00:11:57,870 young black males do not have the benefits of societies. Don't we expect them to be perfect victims? 101 00:11:57,870 --> 00:12:03,090 Otherwise, they cannot be victims of police brutality and killing. 102 00:12:03,090 --> 00:12:12,900 And in the case of Bermuda, racial profiling when it comes to stop and search, Lady Hale's observations may resonate with a segment of society. 103 00:12:12,900 --> 00:12:20,700 But all they do is reinforce assumptions that formed the mindset that continues to divide the community. 104 00:12:20,700 --> 00:12:31,516 So statistics and anecdotal evidence aside, it is time that we address this mindset if we're serious about addressing racial equality.