Police to pay $10,000 in profiling case
Durham Region constables racially targeted innocent man, Human Rights Tribunal rules
Joseph Briggs just wanted a sandwich.
The 29-year-old was on his way home from a long night of studying in 2011when he decided to stop at Subway for a meal. What followed was a series of events that led to him being followed by police and temporarily placed in handcuffs in what the Human Rights Tribunal of Ontario has called a case of racial profiling.
According to the tribunal judgment, two Durham Regional Police officers ran his plates while Briggs was eating, mistakenly believing he was a prohibited driver, and did not allow him to leave in his car.
When he returned to pick it up later, they followed him, pulled him over and detained him.
The tribunal found that constables Chris Delaney and Jason Dimech racially targeted Briggs and the Durham Regional Police Service was ordered to pay Briggs $10,000.
It also found that one of the officers “tailored his evidence after having the benefit of hearing his partner’s evidence.”
Durham police were unable to respond to repeated requests for comment from the Star Tuesday.
Briggs believes his race was the factor that led to the arrest.
“I feel vindicated. I just hope this brings more attention to what black men go through.” JOSEPH BRIGGS WHO WAS DETAINED AFTER STOPPING FOR A SANDWICH
“I didn’t do anything,” he told the Star yesterday. “Me being a black man is what made them investigate.”
After a five-day trial the Human Rights Tribunal of Ontario agreed with Briggs.
“Running someone’s licence plates because they are black, or with race as a factor in why the licence plate was run, and later waiting to catch the individual driving as a form of reprisal are, objectively, very serious human rights issues for a police force,” read the decision from vicechair Alison Renton.
In the decision, the officers involved are quoted as saying they found the lone vehicle suspicious because it was in the parking lot of a restaurant that had been robbed recently.
Under cross-examination, Const. Dimech said race didn’t play a role in the officers’ decision to run the plates. “That is 100-per-cent false and we ran the plates for vehicle in- formation,” he stated.
The officers alleged in testimony that Briggs called them names, including “white devils.” Briggs denied calling them names “but admitted he said they were white and their skin burns in the sun,” according to the judgment.
The tribunal decision comes at a time of strain and distrust between racial minorities and police services across North America.
“I feel vindicated,” said Briggs, who studied child and youth care, in an interview after the ruling. “I just hope this brings more attention to what black men go through in North America.”
Mindy Noble, Briggs’ lawyer, told the Star a “radical shift” in police culture and training needs to take place or these types of incidents will continue to happen.
“I think this case shows that police can’t just see someone’s race and run that person’s plates,” she said, adding it “shows the harm that can be done when an investigation is started without a legitimate law enforcement basis. The provincial government needs to re-examine its proposed new regulation on police stops,” typically known as carding.
Noble is also attempting to negotiate a “public interest remedy” with Durham Police, which could involve specific training for officers.
“I think for Joseph and other black men who are getting stopped a lot, the impact kind of compounds with each time,” she said. “Every time he goes out in his car he has to worry, ‘Am I going to be able to go out and get a sandwich today or am I going to get stopped by the police?’ ”
Briggs shared a similar sentiment. While he was happy that the tribunal found in his favour, he said it’s only a matter of time until he’s stopped again.
“This particular night, sure, they held the police to account, but this is going to reoccur,” said Briggs. “I’m still left with every other night. I’m still wondering when I’m going to be stopped next.”