Civil-rights group accuses police of racial profiling

JOHN MEAGHER

A Montreal civil-rights organization is once again accusing the Montreal police of racial profiling.

But this time the police are being accused of more than stopping a black man without just cause, said Fo Niemi, head of the Centre for Research-Action on Race Relations (CRARR).

After police allegedly confiscated and erased a videotape Kenrick Mcrae made of an altercation with police on the evening of March 3 while he was parked in a car — waiting as a female friend made an ATM transaction on Westminster Ave. in Montreal’s west end — Niemi said the case is more troubling than most racial-profiling cases.

“It’s not only racial profiling, it’s also illegal search and seizure. Plus, erasing the video is really, really illegal and unacceptable. It’s like suppression of evidence.”

According to Mcrae’s Facebook page, which detailed his version of the encounter, a police car passed his vehicle going the opposite direction at about 10:30 p.m., then did a U-turn and moved up behind him. When Mcrae drove away with his friend in the Mercedes, the police immediately pulled him over.

Mcrae said he then activated his camcorder to record the ensuing interaction with police.

“Due to the fact that I am constantly pulled over for no justified probable cause, I mounted camrecorders in my car for my protection and safety. So, immediately I turned on my cam-recorder and started recording, focusing the lens to the driver’s-side front window to capture a perfect and distinct video.

“The police came up and asked me for driver’s licence, registration and insurance. I asked the officer: ‘Is profiling the probable cause of stopping me?’ ” He said the officer replied in the negative.

Mcrae says he handed over his documents. When the officer returned with them a few minutes later, he says the officer told him he was stopped because his licence plate light was not working.

Mcrae did not believe it since he recently checked it. He says he then dismounted his camcorder, went to the rear of the car, “and I observed my plate lights working perfectly, properly and effectively.

“So I continued recording, and asked the officer: ‘Why are you making false allegations to act as probable cause to stop me unjustly?’ I focused my camera on the patrol car to capture the number on the video, and at that time, I said I had enough of police harassment and profiling, and I will be reporting this stop. Immediately, one of the officers told me to hand over the camera. I said: ‘I am not handing over my camera.’ “

Mcrae says he was handcuffed, searched, then arrested for disturbing the peace.

When he tried to give his camera to his friend, police seized it, Mcrae said.

After he was placed in the back of the police car, Mcrae alleges police deleted the video of the police encounter on his camcorder.

Mcrae said he attempted to talk to a police supervisor who arrived at the scene but was rebuffed.

Mcrae was then released by police, but he has since filed a complaint with the Montreal police ethics commissioner.

Niemi said Mcrae will also be encouraged to take his case the Quebec Human Rights Commission.

“I find the way the whole case was handled is very serious and has to be seriously investigated by the police ethics commissioner and internals affairs, because it’s not only about the officer(s) who erased the video tape, but also a supervisor who was there, and who did not even want to engage with the citizen who had a legitimate complaint,” said Niemi, who added Mcrae in his 40s and works at Trudeau airport.

“He has security clearance to work at the airport, but he dresses hip-hop style so maybe that’s why he was stopped,” Fiemi noted dryly.

Police could not comment on the matter at this time.