Human Rights Tribunal of Ontario
B E T W E E N:
Felix Millien Applicant
-and-
Toronto Police Services Board, William Blair and Juneid Patel Respondents
DECISION
Adjudicator: Jennifer Scott
Indexed as: Millien v. Toronto Police Services Board
APPEARANCES
Felix Millien, Applicant Self-represented
Toronto Police Services Board, Respondent David Gourlay, Counsel
William Blair and Juneid Patel, Respondents Lisa Cabel, Counsel
Introduction
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to services because of race. The applicant alleges that he was racially profiled by the police when he was followed, stopped, investigated at the roadside and ultimately arrested for a criminal offence on April 29, 2011. He alleges further that the arrest was a form of reprisal because of an earlier human rights complaint that he had filed with the Tribunal.
BACKGROUND
2The applicant testified that during the evening on April 28, 2011, his daughter and two friends were having a sleepover to watch the Royal Wedding the following morning. The sleepover was at his girlfriend Savitra Pallai’s house. The applicant had recently moved into Ms. Pallai’s house. Late into the evening, the applicant’s daughter and her friends wanted snacks. The applicant took them to a Metro grocery store on the southeast corner of Markham Road and Eglinton Avenue sometime after midnight on April 29, 2011.
3The applicant testified that the girls wanted jolly ranchers and Metro did not have any. The applicant left Metro and attempted to find a convenience store that was open. The applicant travelled northbound on Markham Road. He turned left into a strip mall on Luella Street and all the stores were closed. The applicant left the strip mall and proceeded south on Markham Road. The applicant turned right onto Eglinton Avenue and was stopped by the police at Eglinton Avenue and Mason Street.
4Police Constables Patel and Joseph testified that they were parked in a plaza at Markham Road and Luella Street. They observed the applicant travelling southbound on Markham Road and turning suddenly into the strip mall off Luella Street without signalling. They followed the vehicle and observed it parked in the strip mall with the lights off. The vehicle drove out of the strip mall with the lights on, turned right and headed south on Markham Road. They testified the vehicle turned right onto Eglinton Avenue without stopping at the red light and without signalling. The officers put the license plate of the vehicle into their system and determined that the registered owner of the vehicle was Savitra Pallai. The officers followed the vehicle on Eglinton Avenue and drove up beside the vehicle. At that point, they identified the driver as a brown male in his 40s. They also observed two passengers in the bench seats behind the driver. The officers put on their emergency lights and stopped the vehicle around 1:40 a.m.
5At the stop, Police Constable Joseph approached the applicant and asked for his insurance, driver’s license and ownership. The applicant produced the required documentation. The applicant’s driver’s license indicated that he lived on O’Connor Drive.
6Police Constable Patel approached the passengers of the vehicle to obtain their identification. The passengers were two young girls. According to the applicant’s own evidence, he advised the girls that they did not have to answer Constable Patel’s questions and to close the vehicle’s door. Although one of the girls initially refused to identify herself, Constable Patel was able to obtain their names, addresses, telephone numbers and ages. The girls were 10 and 13 years old and not related to the applicant. One of the girls lived in Newmarket.
7Constables Patel and Joseph returned to their police car. They checked the applicant’s identification on CPIC and discovered that he was on the sex offender registry, which the applicant does not dispute. They also determined the name of the applicant’s daughter. Neither of the two passengers had her name. Constable Joseph attempted to contact the girls’ parents or guardians, but was unable to reach them.
8The police constables returned to the applicant’s car. Constable Joseph questioned the applicant about his relationship with the passengers. At that point, the applicant’s daughter came out from under a blanket in the cargo area of the van. The applicant does not deny that his daughter was under a blanket in the rear of the van. During the second approach to the vehicle, the girls advised Constable Patel that they were staying up that night to watch Prince William and Kate Middleton’s wedding and that they had gone out to get snacks. There is no dispute that the Royal Wedding was taking place the morning of April 29, 2011 in London, England.
9Police Constables Patel and Joseph returned to their car. Constable Joseph attempted to contact the registered owner of the car, Savitra Pallai, but was unable to reach her. Constable Joseph made a further attempt to contact the parents/guardians of the two girls, but was unable to reach them.
10At some point, Sergeant Duthie arrived on the scene. Sgt. Duthie testified that he arrived at 1:45 a.m. The “I/CAD” Event Details Report (the “I/CAD Report”) indicates he arrived at 1:5