Re: Use of Force Policy
Item 1: Policies to Support the Revenue Protection and Special Constable Service Culture Change Program (For Action)
Dear TTC Chair Jamaal Myers and TTC Board members,
TTCriders is a membership-based organization of transit users in Toronto. We are writing to clarify whether Special Constables are being authorized to use force to “protect revenue,” and whether Fare Inspectors are also being authorized to use force in the same situations, when assisting Peace Officers.
- Are Special Constables authorized to use force when an individual does not pay their fare?
The report before you notes that Special Constables “are authorized to use Force in response to an event or incident to preserve the peace, prevent crimes, maintain order, and detain and arrest suspects.” This raises questions about whether “preserving the peace” or “maintaining order” encompasses “revenue protection,” and whether Constables are authorized to use force in response to non-violent behaviour of people in distress or in response to missed fare payment.
- Are Fare Inspectors authorized to use force when an individual does not pay their fare, when assisting Special Constables?
The report before you notes that “Fare Inspectors and Protective Services Guards, during the course of their duties, also have the right to use Force to assist a Peace Officer as outlined in section 25 of the Criminal Code of Canada.”
It is unacceptable to use force as a response to missed fare payment. It is especially troubling that the use of force could be used to “protect” the paltry sum of $3.30. Being poor is not a crime. The TTC raised single fares this year for youth and adult riders, while the TTC already has one of the most expensive monthly passes on the continent, at $156. Using force against riders who miss their fare is unacceptable, especially while transit grows increasingly unaffordable, and in the absence of substantial fare discounts for riders who need them.
There is also strong public support for this view. According to the survey conducted by Drs. Wortley and Owusu-Bempah, a majority of respondents do not feel “that Special Constables should be allowed to use force when an individual refuses to accept a ticket for non-payment of fare."
The TTC has a troubling history with discrimination and the use of force by fare inspectors. In 2018, fare inspectors used force against Reece Maxwell-Crawford, a Black teenager, to pin him to the ground and detain him, resulting in injuries. He had done nothing wrong, and was released. A TTC-commissioned report in 2021 found that Black and Indigenous riders are “grossly overrepresented” in transit enforcement incidents. Fare enforcement is discriminatory, and the use of force for fare enforcement and other incidents disproportionately harms Black and Indigenous people.
We look forward to your response.
Sincerely,
TTCriders
Links:
