TTC’s annual report identifies incidents of racial discrimination

Only 2 of 165 complaints against transit officers in 2019 were ‘substantiated’

The TTC concluded last year that one of its fare inspectors engaged in racial discrimination against a rider in violation of the Ontario Human Rights Code, and another officer behaved in a “discourteous and unprofessional” manner towards a passenger.

The pair of cases were among 165 complaints lodged against transit officers in 2019, and were the only two the agency determined were “substantiated,” according to an annual report that went to the TTC board Wednesday. The TTC confirmed to the Star that both fare inspectors who were the subjects of the substantiated complaints are still working for the transit agency.

The report provides few details of the two substantiated incidents. But TTC spokesperson Stuart Green clarified that a streetcar rider alleged the inspector racially discriminated against them when the inspector checked their Presto card and verbally confronted them for taking a photo.

An external investigator the TTC retained concluded the inspector didn’t discriminate by checking the person’s fare card, Green said, but the ensuing “verbal confrontation was found unprofessional and discriminatory in violation of the Ontario Human Rights Code, and TTC policies.”

The other substantiated complaint involved a separate allegation that an inspector engaged in racial discrimination and behaved in “a hostile manner” toward a customer, Green said. In that case, an external investigator determined the inspector’s actions weren’t discriminatory but were “discourteous.”

Coun. Shelley Carroll (Ward 17, Don Valley North), who sits on the TTC board, said the fact that an inspector who engaged in racial discrimination is still working for the TTC was concerning.

But it was difficult to judge the case because the agency’s annual report only provides statistics and broad outlines of a few cases, not specific details.

Carroll successfully moved a motion requesting that the agency report details of more serious complaint investigations directly to the board.

Carroll acknowledged that misconduct allegations are “rare occurrences.” But she said she was troubled by statistics in the report that showed out of 35 allegations of harassment or discrimination against fare inspectors last year, 16 were abandoned by the complainant.

Nigel Barriffe, president of the Urban Alliance on Race Relations, said that without details, he couldn’t comment on specific allegations against TTC inspectors, and he stressed it’s important to provide employees who commit discrimination a chance to educate and redeem themselves.

But he said being discriminated against by an authority figure like a transit officer is a serious incident that can leave the victim feeling “publicly humiliated and shamed,” and organizations like the TTC need to “send a very clear message that it won’t be tolerated.”

The TTC agreed to overhaul its complaint process last year, following a scathing report from the city ombudsman about its handling of allegations from a young Black rider who said three fare inspectors racially profiled him during a violent February 2018 incident in which they pinned him to the ground. Ombudsman Susan Opler determined the TTC’s investigation into the incident, which largely exonerated the inspectors, failed to examine evidence of potential racial bias.

The TTC accepted her recommendations to reform its complaints process and launched an anti-racism strategy that CEO, Rick Leary, said, at the time, was “aimed directly at preventing racial profiling, and covering all aspects of the TTC’s operation.”

Asked whether continuing to employ an officer who engaged in discrimination undermines that strategy, Green said “any disciplinary actions the TTC takes are commensurate with the findings of the investigations.” He didn’t provide details of what discipline the officers involved in the substantiated complaints faced, and said he couldn’t discuss personnel matters.

“The TTC takes all customer complaints and allegations seriously,” said Green, who noted that, as part of its reforms, the agency has instituted additional training about racism, diversity and inclusion.

Coun. Shelley Carroll successfully moved a motion requesting that the agency report details of more serious complaint investigations directly to the board