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City faces penalties in human rights tribunal decision

'We are pleased with the tribunal’s order and meaningful remedy to the Indigenous community. This decision highlights the pervasive and subtle acts of racism that are far too common in our society, and that no one should be subject to, especially when accessing a public service'
20200609 transit bus north bay turl 2 plexiglass barrier(1)
North Bay Transit bus.

The Human Rights Tribunal of Ontario has ruled the Corporation of the City of North Bay and North Bay Transit must pay $45,000 in damages (plus interest since the 2018 complaint was filed), make internal policy changes, and improve culturally appropriate training for its staff after the adjudicator found a municipal transit operator refused to allow a family onto a bus because they are Indigenous.

See: The full decision by the Human Rights Tribunal of Ontario adjudicator

The case involves an interaction between three would-be North Bay Transit passengers — a mother, Paula Nakogee, and her two adult sons Kendall Nakogee and Austin Nakogee, all Indigenous — and a transit operator as they attempted to make their way home with several packages from the Northgate Shopping Centre in 2018.

In her decision, Karen Mason, the tribunal's adjudicator wrote, "Four North Bay Transit bus routes service Northgate Shopping Centre. The applicants chose to take the Ski Club Route because it stopped closer to their home, and they would not have to transfer buses. Although it would take them longer than the Marshall Park route, they preferred it because they had many very heavy packages. They stated the items they purchased included groceries and personal hygiene products. Additionally, Mr. K. Nakogee had purchased a set of 100 lb exercise weights."

According to the Human Rights Legal Support Centre (HRLSC), the Nakogee family's legal representatives, the three filed the human rights application because the driver refused access to the bus even though they had the appropriate passes. They "were the only Indigenous people waiting for the bus, along with 15 to 20 other passengers described as Caucasian and East Indian. No one else was refused service, and the driver did not suggest an alternative route or provide any explanation as to why he was not allowing the three of them to board."

The City of North Bay denied the allegations and claimed the interaction with the bus transit operator was a "misunderstanding and that they appropriately investigated the incident." From the decision: "The Transit Operator’s testimony is that he does not remember the incident giving rise to these Applications but believes passengers find his manner abrasive because of his French-Canadian background."

The adjudicator disagreed. “I am persuaded that the transit operator’s behaviour was, at least in part, due to the applicants’ protected grounds (race, colour, ancestry, place of origin and ethnic origin). The applicants have shown that they were treated in a disrespectful manner that was markedly different from the treatment shown to the other passengers. The applicants had a valid bus pass and there was no evidence that they were in violation of any of the respondent’s rules for the use of the transit service.” 

The tribunal heard following the 2018 incident, "The applicants felt uncomfortable taking transit, particularly this route, which they frequented to get home. They paid for taxis, which was a significant financial strain, or walked long distances, often in inclement weather."

The driver's personnel file included 22 disciplinary entries dating back to 2010 with "six of those preventing access to riders or requesting that they exit the bus. The HRTO application was filed following an initial complaint and investigation into the incident by North Bay Transit, where the investigation process and results were not documented or shared with the applicants. When asked about their requirement to adhere to the Human Rights Code, the transit supervisor noted that they did not receive specific training on racial discrimination or profiling. The supervisor and a manager at North Bay Transit also noted that there was no formal training provided for investigation procedures or techniques for complaints."

The Human Rights Tribunal of Ontario ordered the City of North Bay to:

  • Pay each applicant $15,000 in compensation for injury to dignity, feelings, and self-respect;
  • Create policy and procedure directions for customer complaint investigation practices;
  • Training for all staff, developed by an expert, on racial discrimination, racial profiling, and Indigenous cultural sensitivity.

"I find on the balance of probabilities that the Transit Operator prevented the applicants from boarding the 5:45 bus in an aggressive fashion challenging the applicants on their destination, wrote Mason. "He did not suggest an alternative bus route or provide any explanation of why he was not allowing them to board the bus.

"I find that the Transit Operator treated the applicants differently than he treated the other passengers on the bus. He did not question the other passengers about their destination, and he did not prevent the other customers from entering the bus."

“We are pleased with the tribunal’s order and meaningful remedy to the Indigenous community, ” said Jamie McGinnis the senior legal counsel for HRLSC’s Indigenous Services Outreach Committee. “This decision highlights the pervasive and subtle acts of racism that are far too common in our society, and that no one should be subject to, especially when accessing a public service.”   

The City of North Bay acknowledged it had "only recently received the Decision issued by the Adjudicator, approximately two years after the matter was heard. The Corporation of the City of North Bay is bound by this Decision, and we take this matter seriously.

"Corporate policies, procedures and practices continue to evolve since the reported date of the incident in keeping with best practices. This includes the addition of video cameras to our bus fleet to provide enhanced protections for all. We will continue to review our processes and services for the purpose of improving them."

Asked about the employment status of the transit operator in question, Gord Young, the communications officer, responded, "As a matter of practice, The Corporation of the City of North Bay does not comment on matters related to labour and employee relations pertaining to individuals."



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