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21 Hum. Rts. Dig. 1 (2020)

handle is hein.journals/hurtsdg21 and id is 1 raw text is: Hun in Rig is Di est Vol. 21 No. 1 y / February 2020 Aboriginal Peoples - Race, Colour and Place of Origin - Public Services and Facilities - discriminatory treatment by police - stereotype - Arrest and Detention - racial profiling - Damages - damages assessed for injury to dignity and self-respect - expenses caused by contraven- tion of human rights legislation - Remedies - cease discriminatory practice - education or training program on race discrimination and racial profiling The B.C. Human Rights Tribunal ruled that Vancouver Police officers, represented by the Vancouver Police Board (VPB), discriminated against Deborah Campbell because of her race and ancestry during an incident in July 2016. Ms. Campbell is an Indigenous mother. Late at night on July 15, 2016, she was out walking her two dogs when she witnessed police stop and arrest her 19-year-old son. The arrest took around twenty minutes, during which time she was roughly and physically separated from her son, and blocked from witnessing his arrest. Her ques- tions about what was happening were not answered, and she was warned that she could be charged with obstruc- tion of justice. She alleged that she was discriminated against by the police because of her race and ancestry. The Tribunal accepts evidence that Ms. Campbell experi- enced adverse treatment. The VPB, on behalf of its offic- ers, accepted that the treatment had an adverse effect on Ms. Campbell, but argued that it was appropriate in the circumstances. The Tribunal focused on the issue of whether Ms. Campbell's indigeneity was a factor in her treatment. The Tribunal found that ignorance of Indigenous histo- ry with police, and subconscious stereotypes of Indig- enous people were at play in the encounter between Ms. Campbell and the officers. Stereotypes can lead to Indigenous people being treated as inherently danger- ous or suspicious, and stereotypes can have a particu- larly pronounced impact in moments that unfold quick- ly, with little time to think or process information. The Tribunal found that subconscious stereotypes were in play in this incident. Constable Szylowski decided that Ms. Campbell was a nuisance and, in combination with the son and the friend, gave him cause to feel unsafe working alone. He made this assessment despite the fact that Ms. Campbell's son was young and was not resisting arrest, and he did not view Ms. Campbell as a suspect in any crime or otherwise as a physical threat. Constable Szylowksi passed Ms. Campbell off to Consta- ble Ellis, who then ignored the most obvious explana- tion for Ms. Campbell's conduct and substituted for it a more negative one: namely, that she had an agenda antithetical to the police and was a hindrance to their ability to work. The Tribunal found that three stereotypes were at play: First, that Ms. Campbell's conduct was inherently suspi- cious, such that it could only be explained by an 'agenda' that was hostile to the police. Second, that Ms. Camp- bell's behaviour was possibly criminal, which triggered the warning that she could be charged with obstruction of justice. And finally, that Ms. Campbell was a threat to the police's ability to do their work. In sum, rather than seeing Ms. Campbell as a concerned mother, Constable Ellis viewed her as suspicious, possibly criminal, and a threat. The Tribunal acknowledged that the VPD is making efforts to improve its relationship with Indigenous people. However, the Tribunal found that this com- mitment did not manifest in any meaningful aware- ness by the officers during their interaction with Ms. Campbell. While there was no evidence that any of the officers consciously subscribe to invidious stereo- types about Indigenous people, stereotypes and prej- udice are part of Canada's historical and social fabric. The officers' leap to conclude that Ms. Campbell's behaviour was suspicious, possibly criminal, and a threat is evidence that racial bias was at play. The officers argued that their reaction to Ms. Campbell was driven by her own behaviour. They testified that they tried to engage with her, but she would not listen or co-operate. She was unwilling to give her name, and her voice was raised. However, the Tribunal did not accept this as a complete and non-discriminatory an- swer for the officers' conduct. Their conduct went well beyond being stern, or even unkind; it was disproportionate and harmful. The Tribunal questioned whether a White parent in a middle class neighbourhood would be physically and roughly separated and asked to leave the place where her child is being ar- rested - no matter how old the child is. The Tribunal concluded that the actions of the officers towards Ms. Campbell had the effect of perpetuating historical disadvantage against her as an Indigenous per- son. Her Indigenous identity was a factor in the adverse treatment she received. As an Indigenous mother, she CANADIAN HUMAN RIGHTS REPORTER 1-13 PUBLISHER OF CANADIAN HUMAN RIGHTS LAW The officers who dealt with her were not equipped to understand her circumstances as an Indigenous mother. They deliberately and roughly separated her from her son and refused to answer her questions about what was happening to him. They assessed her as suspicious, possibly criminal, and a threat.

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