National Post (National Edition)
Senior Ottawa officer alleges he was denied promotion due to race
Human rights tribunal hearing begins
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 than 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 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.
As part of his complaint, Bhatnagar received the promotional documents of those who bypassed him in the pool of candidates.
Their scores confirmed the rumours and what he had long suspected, Champ told the hearing — that Bhatnagar was the best candidate based on every objective criterion.
It is, however, solely at the chief ’s discretion to promote officers to the rank of superintendent, a lawyer representing the police board (Bordeleau’s employer) argued.
The case isn’t about racism, but about Bhatnagar’s feeling that it’s unfair he wasn’t promoted despite being qualified, lawyer Jock Climie argued.
The evidence is “overwhelming” that Bhatnagar’s “negative” views of the chief were well known, Climie said.
Climie also told the hearing that it makes “perfect sense” for any police chief, who is routinely “criticized, attacked, challenged” internally, externally and by the media, to surround himself with those people who will support him. Those individuals aren’t yes men, but are supportive of the chief ’s vision, Climie said.
But if that’s the defence, it aims to justify the denial of the promotion not on the basis of racism, but favouritism, Champ argued.
Former Ottawa police chief and now Sen. Vern White took the stand as Bhatnagar’s first witness.
White was chief of the Ottawa force from 2007 to 2012.
White told the hearing that Bhatnagar was recognized as a leader throughout the organization.
Bhatnagar “never held back if there was a concern” and was “always willing to speak out” in the search for solutions, White said.
The former chief identified Bhatnagar as a possible future deputy chief or even chief back in 2011. He told the hearing he fully expected to see Bhatnagar as a superintendent by now.
While White agreed that he, too, made decisions on superintendent promotions, didn’t base them solely on scores and would even prevent candidates from entering the pool if he thought the person wasn’t up to the job, he also testified that he never did so based on whether he liked someone.
“I’m sure I’ve promoted people I didn’t like. I’m sure I’ve been promoted by people who didn’t like me.”
How, then, would he determine whether a candidate would be loyal, Champ asked.
“I didn’t need loyalty,” White said. “The only loyalty I needed was for the organization and community.”
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.