Montrealer’s life ‘impacted’ by gender-based police stops

A Montrealer in his 50s, along with help from Executive Director of Center for Research-Action on Race Relations (CRARR) is embarking on a legal battle to fight against gender-based discrimination.

The NDG resident, Nigel Berkley, has been stopped numerous times by Montreal police (SPVM) in his area.

The car is registered under his mother’s name, and he says that’s been what SPVM officers attribute to as the reason why he’s so frequently stopped.

“Being Black, it’s a challenge,” said Berkley. “It’s a real challenge, especially within your own community. I go to New York; I go to other places, and I never have problems with the cops. It’s only in Montreal and around NDG.”

These incidents have “impacted” his life. Barkley was formerly a DJ in Montreal and the Caribbean, a job he loved.

“I used to be a DJ, but with all these [police] stops going on, I stopped because if I go to an event, you know, being a DJ, you’re [in close proximity] alcohol,” explained Berkley. “It’s like I would be giving them the reason to [pull me over].”

It’s the fourth time that Berkley has been pulled over since the Spring. In June he was stopped after leaving a BBQ with friends. He had seen the police officers before getting into his car and they followed him on his way home.

He was intercepted near Chester and Walkley Avenues. The police officers allegedly told him that he had been intercepted because he was “driving a car that belongs to a woman.”

“‘Yes, it’s my mom. I’m allowed to drive the car,'” he said to the officers, who then checked his license.

That’s when the line of questioning switched gears.

“‘What happened with the shooting incident on the corner of Moncler and Fielding?'” said the officers, according to Berkley. “I said, ‘I know nothing about it.’ [the officer] says, ‘you need to tell me, or else you’re going to always have this problem.'”

“This is something that definitely needs to stop.”

Berkley said he’s also been stopped multiple times when his 18-year-old son is in the car. His most recent incident happened last Saturday – and he’s decided to publicly denounce the situation.

“I went to play some games with my friends, and on my way going home, that’s when I had the run-in again with the police… It brings a fear,” said Berkley.

CityNews reached out to Montreal police and they said that they can’t comment on specific police interventions, to prevent any possible influence on the legal, ethical and disciplinary processes.

“If you feel aggrieved during an interaction with a police officer, you may file a complaint with the SPVM or an independent body,” said the police in a statement.

“Vehicle interception is governed by the Highway Safety Code (CSR). Police officers may intercept a vehicle at any time if they find that an offence has been committed under the CSR. Police officers also have the power to intercept a vehicle and ask the driver to identify himself or herself in order to verify the documents required by law to drive a vehicle…”

In September, a Quebec Superior Court judge ruled in a class-action lawsuit that racial profiling is a systemic problem in the SPVM, and that the city is responsible for profiling committed by its police officers.

Justice Dominique Poulin ordered the City of Montreal to pay $5,000 to people arrested without justification and racially profiled.

The force has also released two reports since 2019 showing that racialized people are disproportionately targeted by police during random street checks.