Ontario’s Human Rights Tribunal has dismissed an application by Hamilton Centre Member of Parliament Matthew Green.
In April 2017, Green filed a human rights complaint alleging an interaction with a Hamilton Police officer on April 26, 2016, was motivated by racial profiling.
In a 27-paragraph decision, HRT Vice-Chair Joseph Tascona states the issues were appropriately addressed during a September 2017 Police Services Act (PSA) Hearing.
Section 45.1 of Ontario’s Human Rights Code states the HRT may dismiss an application “if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.”
Background
April 26, 2016, was a windy and cold day.
Then-Ward 3 Councillor Matthew Green was waiting at a bus stop near the intersection of Stinson Street and Victoria Street South.
He stood under the nearby overpass to shield himself from the wind.
A Hamilton Police officer driving in a police cruiser decided to stop.
Constable Andrew Pfeifer conducted a ‘well-being’ check.
Green stated he was racially profiled and that the check was arbitrary and pointless.
Green filed a complaint with the Office of the Independent Police Review Director.
The OIPRD investigation found there were reasonable grounds that the conduct of Constable Pfeifer constituted misconduct as defined under Section 80 of the PSA.
Constable Andrew Pfeifer was charged with one PSA count of “discreditable conduct.”
The five-day hearing in September 2017 ended with the hearing officer ruling that Constable Pfeifer was concerned about the applicant’s mental health and engaged him to conduct a “well-being” check.
The PSA hearing officer further determined that the check was not racially motivated.
Green’s human rights complaint continued to be processed by the HRT.
Green sought a full hearing.
In his November 27 ruling, Tascona states the five-day hearing “involved extensive examinations and cross-examinations of five witnesses over numerous days. The applicant had two lawyers represent him at the PSA hearing (the same law firm that is representing him in the Application) who were able to argue his position.”
“In my view, the PSA Hearings Officer dealt with the same facts and issues as those which form the basis of this Application,” Tascona writes.
“The Application is dismissed.”
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Published: December 2, 2024
Last updated: December 2, 2024
Author: Joey Coleman
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