Quebec judge says police racially profiled Black Montrealer during traffic stop

“To this day, I can’t watch the video. Even during the trial, every time the video was shown I had to get out because it was traumatic for me,” said Montrealer Lamine Sale Nkouendji.

Almost four years after Nkouendji was was pepper sprayed during a police traffic stop in 2020 – a Quebec judge says he was the victim of racial profiling by cops, something Nkouendji says he knew all along.

“One moment that was touching we were hugging each other happy about the process and he was just in tears because the judge believed him and that was the most important,” said Nkouendji’s lawyer Fernando Belton.

This is the second time in Quebec there’s a written decision regarding racial profiling – where the defence was accepted – the first time in 19 years.

“The reason why my client was arrested was because police officers came across saw him decided to do a u-turn followed him and intercepted him. And that as it is for us was related to racial profiling,” said Belton.

“The police officer said well we intercepted him because he ran a yellow light and because he was driving with an [f plate] but the judge didn’t believe the police officer and came to the conclusion that it was related to racial profiling,” said Belton.

“This decision is a much-needed judicial recognition of a form of racial profiling that occurs too often but that remains largely silent: the police stopping of Black drivers of rental cars with an F – license plate.  With its reaffirmation of the notion of unconscious racial bias and the difficulty of proving racial profiling, the decision positively contributes to the growing body of case law in Quebec against Driving While Black,” said Fo Niemi from the Centre for Research-Action on Race Relations (CRARR) in a statement to CityNews.

The ruling also acquitted Nkouendji of an obstruction charge he faced.

“Every time I pass a police car, I feel anxious: if I can park, I’ll park; if I can change lanes, I’ll change lanes. I always have the impression that the car crossing me is going to turn around and follow me,” said Nkouendji.

He’s had to seek psychological help since that day four years ago – something he says he needs more of, but the price is too steep – he says it got so bad he had to go to the hospital once to get treated.

Nkouendji would like to be a sign of hope and empower other victims of racial profiling to have the courage to take the legal route.

He is now suing the city of Montreal for over $3,000 in damages.