Excessive delays, low damages for Quebec victims of racial profiling: study

Victims of racial profiling in Quebec face “major roadblocks to justice,” according to a study that reviewed more than 100 court decisions over five years.

A preliminary analysis of those court decisions involving racial profiling between 2016 and 2021 found victims were “left behind” by the province’s justice system

“You already had to go through a profiling incident that was demoralizing,” said Kathleen Barera, the complaints officer at the Center for Research-Action on Race Relations (CRARR). “And then you have to keep going through a process trying to find some justice. But you’re always stopped along the way.”

The study – a first of its kind in Quebec – found there were excessive delays for complaints to the Human Rights Commission to be brought to the Human Rights Tribunal. It also found excessive delays for a final decision to be rendered.

“A lot of people are afraid to challenge, to take legal action,” said Fo Niemi, CRARR’s executive director. “Especially when they find out they have to wait up to five years to get a decision. A lot of people get discouraged.”

There was an average of five to seven years for racial profiling cases to be brought up to the Human Rights Tribunal.

The worst delay was 88 months, at which point the case was dismissed by the tribunal, leaving the victim without compensation.

“Incidents that happened since 2007 and we’re rendering a decision in like 2016, 2021, how much time, like how much time is passing before a victim knows what the resolution of their complaint will be?” said Barera. “It doesn’t seem like a reasonable amount of time.”

The results cover 25 decisions from the Quebec Human Rights Tribunal and 13 decisions from the Police Ethics Committee during that five-year period.

The cases concerned 27 incidents affecting 36 victims, all involving the police.

The analysis also revealed procedural challenges, low damages for civil rights violations and low sanctions for professional misconduct.

“We see that the commission does ask for more but in the end it’s always going to be around the same thing, $8,000, $10,000, $15,000. So it doesn’t matter how bad the situation is,” said Barera.

“Does it seem a very fair access to justice? I’m not sure.”

The analysis was conducted by the Institute for Research and Education in Race Relations (IRERR), in partnership with CRARR. Five pro bono law students from McGill and Université de Montréal assisted.

A survey from the Institute also shows 78 per cent of participants who experienced racial profiling will not go forward with a complaint – either because they don’t want to deal with the authorities or court, or they find there’s a lack of adequate punishment.

“From this, we’re going to come up with an action plan because we also interviewed victims,” said Stéphane Thalès, the deputy project coordinator at IRERR. “We also interviewed professionals from the education sector, municipal sector, provincial federal sectors, different agencies. And we’re trying to find out what are the solutions, what can we do better, what needs to be done for victims of racial profiling.”

“We can’t be pointing fingers at anyone,” added Barera. “It’s just the system itself. Maybe there’s ways that we could improve it so that victims actually feel a sense of justice at the end of all this.”

Further results will be released at the end of March.

IRERR and CRARR co-hosted a roundtable discussion Wednesday on barriers on access to justice and reparation for victims of racial profiling.

Speakers included lawyers as well as Nakuset, the executive director of the Native Women’s Shelter of Montreal.

It coincided with the start of Black History Month.