Obiter Dicta Issue 7 - December 1, 2014 | Page 16

NEWS 16  Obiter Dicta Carding » continued from cover from 17 November 201 4. As a young racialized person born and raised in Toronto, I have had several negative experiences with carding practices across the city, and am concerned about the introduction of something similar at my school. My questions are as follows: 1. Does this policy have a history at Osgoode, or is this its first appearance? 2. Have complaints about a shortage of study space been made by students or observed by staff, during the exam period and/or otherwise? 3. Under what authority was the decision to implement the policy taken, and how were students consulted? 4. Were alternatives considered to address the twin needs of study space and accessibility? 5. Do you or others involved in the decision-making process hold similar or different concerns about the policy? My own concerns are two-fold. First, and speaking from experience, I have found that the vesting of power in one group to demand identification from another tends to create an atmosphere of suspicion and antagonism where none previously existed. This is all the more so when the place where such exchanges suddenly start to occur is public, as I understand our library to be. The danger is that a policy of this sort, irrespective of the quality of its enforcement, will over time erode relations of trust between and among students and staff, creating in their stead hostilities, hierarchies and a generalized perception of inaccessibility. Restricted access thus threatens to deform the nature of public space and maim our collective experience of it. This is not the sort of community I was hoping to enter or build as a student at Osgoode. Second, I worry deeply that the practice of carding, which is being used to enforce the new policy, will ultimately play out along axes of race and class. While I appreciate your assertion that access restrictions at Osgoode will unfold “without any perception of bias”, with respect, I don’t think such a thing can be either promised or achieved. Discretion is unavoidable in any enforcement scheme, and, as we’ve learned in State and Citizen, it is also often exercised differentially in an unequal society. Indeed, those of us on the wrong side of race and class can attest to this everyday reality - the myriad subtle ways that prejudicial suspicion is conveyed through eye-contact, hand gestures, facial expressions and general bodily comportment if not always express speech. I have full confidence that front-line staff at Osgoode harbour no such prejudices personally, but instructing them to enforce this policy threatens to place a different agency from their own at the helm of their actions. The impact on students like myself, though rarely broadcast owing to its habituation, is damaging. On that note, I’d like to comment briefly on your public email of 21 November 2014, in which you thanked “everyone for your understanding in showing your student ID when entering the library.” Perhaps it’s best to refrain from communicating firm conclusions about the enthusiasm of “everyone” for this policy after only a week has elapsed. That sort World-Class, Worldwide Aside from being part of a truly international legal rm, you’ll benet from practical, hands-on experience and exposure to various areas of practice. Law around the world thenortonrosefulbrightdifference.com ê Law students only. No SNAILS allowed! of message suggests not only that consent to carding is the normal, self-evident, universal reaction of students. More iniquitously, it renders feelings of discomfort and opposition marginal before they can even be thought through, let alone articulated. This foreclosing of the space for critical reflection may in turn discourage students with alternative views to the putative majority from coming forward, stifling democratic deliberation in the process. Everyone deserves a place to read, write and think in relative tranquility, law students included - of that I’m sure we agree. I believe that the Law Library’s restricted-access policy, however wellintentioned, functions to undermine this principle rather than further it. Please let me know your thoughts when you can. Sincerely, parmbir u