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Last Saturday, a young woman took the subway. In a video that went viral on social networks, we see her being held on the ground by inspectors from the Société de transport de Montréal (STM). The black woman is beaten in the face by one of the agents. We also see passers-by trying to intervene.
The apprehended young woman allegedly received head injuries that then required her hospitalization. The case is under investigation, and the lady concerned does not wish to speak to the media at this time. The day after the incident, the STM issued a press release presenting its version of events. According to her, the user did not pay her right of way and then refused to identify herself and collaborate. It's not the first time a video like this has been in the news.
In 2019, a scene filmed in the Montreal subway shows STM inspectors being beaten with sticks Lawrence Juliano Gray, 21. Several other cases of violence linked to STM agents have been reported in the media and on social networks in recent years.
An altercation that marks the mind
For many, last week's intervention indicates that it is time to question the use of force in the interventions of STM agents.
Raph K. Yoyo witnessed the incident. Hearing loud screams, he ran up and discovered the scene, which he was filming. “Two STM agents are in the process of controlling a black woman on the ground. What caught me, like many Internet users, was that at some point, the STM agent lost patience and hit the victim on the ground several times by punching him in the face, he said. At least there were courageous people to step in.”
He was the last to leave after inquiring about the health condition of the young woman. Mario Berniqué, a specialist in private and public security intervention and operations, knows the environment in which STM inspectors work well. “Often, with the STM, or even with security agents, it starts with a minor offense,” he explains. “A person refuses to identify himself or collaborate, there is an escalation, and it becomes a summary offense under the Code of Criminal Procedure. This goes as far as arrests and the use of force,” he laments.
According to Mr. Yoyo, there can be no justification for an agent, in a position of authority, to act in this way.
“The inspector who lost his cool was clearly not in a process that de-escalated the situation, or prevented an escalation of violence,” he continues.
Be trained to react
“Inspectors are trained to follow the use of force model taught at the École nationale de police du Québec (ENPQ), which is based in particular on the principle that the force used must be proportional to the degree of resistance and aggressiveness of the apprehended person,” explains the STM to La Converse. Security officers receive 14 weeks of mandatory training at the Nicolet Police Academy. Mr. Berniqué has trained STM and police officers. “The use of force is the last resort,” he said. According to him, the means used by the agents depend on the context, the situation and many other factors, and there are rules to follow. “It's not an organized fight, it's a maneuver to enforce a law,” summarizes the retired police officer.
This is not what Mr. Yoyo saw at Jean-Talon station. “When you put force in the hands of individuals, you have to make sure that they comply with a clear protocol,” he believes. “Don't kill me, don't kill me” — that's what, according to Ralph Yoyo, the apprehended woman screamed. There, he learned that the alleged offender had just immigrated to the country. “We don't know her situation, where she comes from. She is afraid, and before losing her cool, the officer yells at her to put his hands behind her back,” said Mr. Yoyo, who believes that the inspector has made the situation worse.
“He's totally out of touch with the situation he's reacting to. Does he understand the person in front of him? he asks. “If agents don't have the proper training, why are they allowed to intervene? ”
Mario Berniqué suggests that the methods of doing things can be reviewed. “All technical maneuvers can be done if society accepts them. If they are not tolerated, the training must be adapted to social rules and political orientations,” he said in an interview. Based on his long experience, he adds that it is mistakes and accidents that cause formations to be adjusted.
An investigation that gets people talking
The STM said that the force used was reasonable during the incident on April 17. On April 19, Alexandre Norris, of the Montreal Public Security Commission, called for an independent investigation to be conducted to shed light on this case. A few days later, the STM announced that an internal investigation would take place.
“When an entity investigates itself, questions are immediately raised about the credibility of such an investigation, and rightly so,” recalls the chairman of the commission in an interview. “We want there to be credible and independent investigations into such events,” said Mr. Norris.
The Montreal transport company then corrected the situation by calling on an independent expert specialized in ethics to investigate the incident. The expert in question, Me Marco Gaggino, already represented the Quebec Provincial Police Association (APPQ) as part of the Viens Commission in 2017.
He also represented Mathieu Chamberland, a police officer cited in ethics and accused of unlawful use of force, abuse of authority and intimidation against an alleged 16-year-old victim. The STM did not wish to comment further on the case.
A role to be reviewed
Alain Babineau, a consultant on security and racial profiling, looks at the role of STM inspectors. “You have to keep in mind that they are not police officers. They are security agents who ensure safety and smooth operation,” he explains. In his opinion, their work must be clear so that their conduct is also clear. “Is it worth it to cause a physical altercation at this level?
At the end of the line, it is the safety of passengers and users that matters, well beyond collecting $3.50,” he recalls. This former police officer believes that peace officers and security officers who deal with all sorts of individuals must be humane. “You have to be compassionate and focus on the human side,” believes Mr. Babineau. You need to look at the circumstances, the situation of the person you're calling — see, for example, if they're vulnerable, if they have mental health problems, if they're in a precarious financial situation. “You have to have compassion.”
If the situation is repeated, he suggests psychosocial intervention.
Mr. Babineau states bluntly that the STM is not exempt from racial profiling, like all law enforcement or security agencies. “Racial profiling is also found in the use of excessive force,” he said.
Different perspectives on security
Following an application submitted a year ago to the Ministry of Public Security, inspectors from the STM Safety and Control Department will obtain the status of special constables starting in July. This news is worrying for many, who are worried about the additional powers that will be granted to these agents. These powers give them the right to make arrests without having witnessed an offence and to have access to police databases. They also give them the opportunity to carry arms.
To ensure this transition, which will take place gradually, the 160 STM inspectors will receive additional training at the École nationale de police du Québec. Marvin Rotrand, former vice president of the STM and councilman in Snowdon, says that the new powers of special constables are a step towards the militarization of public transport. The STM said it would not allow its inspectors to carry arms, but it did not specify what it meant by “weapons.”
Mr. Rotrand believes that despite requests from the public, doubts remain on this subject. “Whether or not this is the intention of the STM, once inspectors become special constables, it is the decision of the Société. The constables may be armed much more than the STM suggests,” he fears. Rémi Boivin, associate professor of criminology at UQAM and president of the Committee on relations between STM inspectors and the community (CRIC), worked with the STM as an external expert to help with the transition of the Société's inspectors.
Reached by phone, he explained that several members of the committee he chairs had expressed concerns, in particular about racial profiling, but also expressed hope that the changes would be for the best. “It's not just about having more power, but about doing the work to the end,” he summarizes.
Tightened responsibility
The inspectors who patrol the network are currently acting as public officials. The STM reminds us that they are subject to the STM Code of Ethics. Their new status as special constables will subject them to the Police Act and to the authority of the Police Ethics Commissioner. An investigation may also be submitted to the Bureau of Independent Investigations (BEI).
Mr. Babineau is pleased that investigations can now be conducted by experts in the field and considers that this measure will make special constables much more accountable. “They will have to be careful, because instead of reporting internally, they will report to the Office of the Ethics Commissioner. The scale is much higher when it comes to evaluating behaviors,” he says. Marvin Rotrand also says that the new status of inspectors will complicate how complaints lodged against them will be handled.
“The process can take years,” he says of ethics measures. “Nobody wants a complaint about whether officers used excessive force to take several years, but that's what's likely to happen,” he says. In a report, Rémi Boivin made several recommendations, including consultations to help the public understand the need for a legal designation and an external accountability structure.
“The intervention last weekend is a very good example of why inspectors should be special constables,” he believes, explaining that the new status of inspectors requires incidents to be investigated by an external entity, and that the findings be made public.
A new approach for the STM
In order to improve its services, the STM deployed a new “proximity strategy” on March 25. This aims to bring inspectors closer to the communities present in their workplace, an approach that makes money in the police environment. “Concretely, two service regions will be created to promote a socio-community approach and the formation of links between inspectors and local customers,” reads the carrier's website.
Theodros Wolde, president of the LaSalle branch of the community organization ACORN Canada, denounced the force used by STM agents during the incident last week. He does not see that such a connection is taking place. He regrets that violent incidents have been increasing recently and that they disproportionately affect vulnerable people. “They may be people who don't know how public transit works, or who are poor,” he said. The community worker, who is also an accountant, indicates that people living in poverty are racialized or immigrants. “This is a systemic problem,” he said in the face of stops and the use of force.
It was the excessive use of force that condemned Derek Chauvin, the police officer who killed George Floyd. Here too, the excessive use of force kills and injures, and, more often than not, harms vulnerable and racialized people. “In our society, police services are the only institution, besides the military, that can use lethal force,” recalls security and racial profiling consultant Alain Babineau. Convincing 12 jurors and proving all the elements of the charges beyond a reasonable doubt is not easy, especially considering that we start from a police officer who, in fact, has the power to use force.” The former officer also believes that officers should speak out if they witness problem behaviour from their colleagues.
Following the historiq verdict
After the Derek Chauvin trial, he wants people across North America to remember one thing: “It's okay to denounce those who do bad things, to testify and to appear. There is nothing wrong with that.”
Citizens can file a complaint with the STM for treatment received. “The STM follows up on all complaints received. Each complaint is read, analyzed and sent to the department concerned for appropriate follow-up,” we are told. A citizen who is dissatisfied with the handling of his complaint can contact the Ombudsman of the City of Montreal.