The Nova Scotia Board of Inquiry has dismissed a human rights complaint against the Halifax-Dartmouth Bridge Commission and Commissionaires Nova Scotia, finding that race was not a factor when officers mistakenly stopped a black man who was walking his bicycle across the MacDonald Bridge.
The ruling emphasized that the incident, while unfortunate and harmful to the man, was a result of human error rather than racial discrimination.
Background
On July 17, 2021, when R.G. was walking his bicycle across the MacDonald Bridge. At the same time, another individual was riding a bicycle on the pedestrian walkway, which is prohibited by the Halifax-Dartmouth Bridge Commission By-law No. 2007-1.
Special constable in training C.E., who was patrolling the bridge, spotted the cyclist and radioed for assistance to stop the individual.
C.E. and another special constable, M.T., positioned themselves near the pedestrian walkway’s exit to intercept the cyclist. Upon seeing R.G. walking his bicycle, the officers mistakenly believed he was the person riding the bicycle and stopped him for questioning.
R.G. , who represented himself at the hearing, alleged that he was racially profiled by the officers, claiming that he was stopped because of the colour of his skin. He testified that the interaction had a significant emotional impact on him, stating, “The incident destroyed my trust in the system. It was the third time I had been stopped by special constables on the bridge. I felt racially profiled because they did not believe me when I said I was not riding my bike and assumed I was lying.”
Assessing the evidence
The Board of Inquiry reviewed the evidence, including video surveillance and testimony from the involved parties. The Board found that the officers’ decision to stop R.G. was based on the proximity and timing of his approach to their location, combined with the information they had received about the cyclist.
“The officers had reasonable grounds for their initial engagement with the complainant. While the complainant truthfully denied riding his bicycle, peace officers are entitled to take reasonable steps to pursue their investigation despite a denial of wrongdoing,” the ruling stated.
It also addressed the emotional impact of the incident on R.G., acknowledging the harm caused by the mistaken stop. “The complainant was harmed by this incident and the effects are ongoing. It changed how and when he goes out, how he parented his child, and his trust in the system. It had a substantial impact on his well-being,” Perryman noted.
No evidence of discrimination
However, the Board concluded that the evidence did not support a finding of racial discrimination. “The test for discrimination has not been established because any distinction and disadvantage that occurred was not ‘based on’ a protected characteristic. The evidence shows the incident was a mistake, not discrimination,” the decision read.
Following the incident, the Halifax-Dartmouth Bridge Commission took several steps to address the situation and prevent future occurrences. These included an apology letter to R.G., modifications to their Standard Operating Procedures, investment in improved surveillance systems, and upgrades to their radio communication systems.
The Commission’s response was highlighted in the ruling as a positive step toward ensuring such incidents do not reoccur. “It is encouraging to see the Bridge Commission undertook these changes on its own volition and with an obvious commitment to ensuring that this type of incident does not reoccur,” the Board stated.
