Race bias alleged in police promotions

OTTAWA • A human rights hearing on alleged racism in the top ranks of Ottawa police began Tuesday, laying the groundwork for what could be a watershed moment not only for the force but also the legacy of its chief.

Insp. Samir Bhatnagar has been repeatedly passed over for promotion, was treated differently from others because of his race, and his genuine points of criticism resulted in Chief Charles Bordeleau branding him confrontational and uppity, the human rights tribunal heard.

In a complaint filed to the Human Rights Tribunal of Ontario in November 2017, Bhatnagar, a 27-year officer, claims he was singled out as a “brown-skinned man of East Indian origin.”

Bhatnagar’s complaint says he was denied a promotion to superintendent — the third-highest rank — and that he was the subject of differential and disproportionate treatment by Bordeleau and members of the chief ’s senior executive.

The police service (by way of its employer, the Ottawa Police Services Board) has defended itself against the allegations of racism, positing instead that Bhatnagar was denied the promotion because he was openly defiant of Bordeleau and was not suitable for Bordeleau’s group of senior officers.

The hearing formally began Tuesday, with lawyer Paul Champ, representing Bhatnagar, arguing that the tribunal should be wary of subjective measures like “fit,” “suitability,” and “trustworthiness.”

It’s these measures, where bias is masked, that “allows employers to promote individuals who are most like them,” Champ argued.

Bhatnagar alleges that despite excellent performance reviews and having qualified to enter a pool of possible superintendents in 2012, and being described by his peers and supervisors as “one of the best we have” with “full potential to be chief (of police)” he has stalled in his efforts to advance under Bordeleau’s leadership.

Bhatnagar’s repeated attempts to discuss his treatment with Bordeleau did not amount to much, according to the complaint. Bhatnagar claims he was routinely avoided, ignored, or talked around.

The interactions came to a head in a November 2016 meeting where Bhatnagar expressed to Bordeleau that he felt he was being discriminated against.

The reprisals only intensified thereafter, Champ argued.

Bhatnagar is seeking a promotion and back pay retroactive to 2012, which is roughly $110,000 in lost income had he been promoted. He’s also seeking that the tribunal order an amendment to Ottawa police promotional policies to restrict the discretion of a chief to promote whomever he’d like to the rank of superintendent.

The hearing is not scheduled to continue until May 2019 — months after Bordeleau’s contract as chief is set to expire.