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85 C.H.R.R. D/294 (2016-2017)
Sandhu v. Peel (Regional Municipality) Police Services Board (No. 4)

handle is hein.journals/chhr85 and id is 314 raw text is: XCHRR CHRR Doc. 17-0945 Baijiwan Singh Sandhu Applicant V. Regional Municipality of Peel Police Services Board Respondent Date of Decision April 21, 2017 Before Human Rights Tribunal of Ontario, Bruce Best File No. 2014-16590-1 Appearances by Kelley Bryan and Alexander Procope, Counsel for the Applicant Glenn Christie and Kathryn Meehan, Counsel for the Respondent RACE, COLOUR AND PLACE OF ORIGIN - promotion denied on the basis of race - DISCRIMINATION - intention to discriminate - job performance as reasonable cause for discrimination - EMPLOYMENT EVALUATION AND TESTING - evaluation procedures free from racial bias and to determine promotion - standard of performance - RETALIATION - reprisal for filing grievance - test for reprisal BURDEN OF PROOF - elements of a prima facie case - EVIDENCE - admissibility of evidence relating to allegation not included in complaint - balance of probabilities Summary: The Human Rights Tribunal of Ontario ruled that Baljiwan Singh Sandhu was discriminated against by Peel Regional Municipality Police Services Board when he applied for promotion to the rank of inspector. Mr. Sandhu alleged that he was discriminated against on the grounds of race and place of origin because his years of service in units focused on issues within the South Asian community were not considered real police work and were not given appropriate value when considering him for promotion. Mr. Sandhu grew up in India and emigrated to Canada in 1981 as a young man. He identifies as South Asian/Punjabi Sikh. He speaks English, Punjabi, Urdu and Hindi. He joined the Peel Police Service in 1989, as one of its first South Asian officers. As a constable, he worked as a uniformed officer in front-line platoons, community policing, criminal investigation, intelligence, and homicide. In the 1980s and 1990s there was a significant demographic change in the municipality of Peel because of an increase in immigration from South Asian countries. It became well-known in the Peel Police Service (Service) that Mr. Sandhu was proficient in several South Asian languages, and understood well the cultural issues affecting these communities. He was sought out for assistance in cases involving members of the South Asian community because of his policing ability and his cultural knowledge and language skills. D/294 ONTARIO RACE, COLOUR AND PLACE OF ORIGIN Indexed as: Sandhu v. Peel (Regional Municipality) Police Services Board (No. 4) Cited: 2017 HRTO 445, 85 C.H.R.R. D/294 Paragraphs 1 - 158 He worked in the South Asian unit of the Intelligence Bureau and was promoted to the rank of detective. As a detective sergeant he worked in Diversity Relations from 2009 to 2012, and was, during part of this time, an acting inspector. He was responsible for liaison with the leadership of various communities within Peel Region and for communication with ethnic media. He was also called on to intervene in incidents of conflict. Mr. Sadnhu excelled in these assignments, and was highly regarded within the Service and the community. He received numerous commendations and awards. Mr. Sandhu also worked at the Airport Division for eight months in 2012-2013. However, when he applied for a promotion to the rank of inspector in February 2013, his superior officers did not recommend him. They considered his experience to be lacking in certain respects, because he did not have the experience that would be gained by working in a front-line environment. They did not mention his experience in Diversity Relations, but referred only to his brief experience at the Airport Division. The Tribunal found that Mr. Sandhu's experience in Diversity Relations, and in the South Asian Intelligence unit, was discounted when it came to assessing Mr. Sandhu for promotion. The Tribunal found that it was his cultural knowledge and language skills that led to Mr. Sandhu's work in Diversity Relations and South Asian Intelligence, and it would be artificial to separate his cultural knowledge and language skills from his race and place of origin. He stayed in these positions for as long as he did because his knowledge and skills were valued there. The Tribunal found that Mr. Sandhu's race and place of origin were factors in his being assigned to these posts. The Tribunal also found that work in Diversity Relations and South Asian Intelligence was less valued inside the Service and was not considered real police work. The Tribunal accepted evidence that these were considered fluffy postings and that there had been some ridicule inside the Service that diminished and devalued the work of officers in these units. The Tribunalfound that when it came to evaluating Mr. Sandhu's experience for promotion purposes, his superior officers did not consider these positions to have provided Mr. Sandhu with sufficient relevant experience to become an inspector. They considered only his experience at the Airport Division to be relevant. They praised Mr. Sandhu, and there were no issues about his performance, but, at the same time, they declined to recommend him. The Tribunal found that the South Asian portfolios were generally devalued in the Service, and one reason for this was the fact that they were associated with the South Asian population. Mr. Sandhu was assigned to these portfolios, in part due to his race and place of origin, because of his specific cultural knowledge and language skills. He also stayed in those posts for a long time because of his race and place of origin. CANANADIAN HUMAN RIGHTS REPORTER PUBLISHER OF CANADIAN HUMAN RIGHTS LAW

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