Human Rights Tribunal awards $35,000 to six-year-old

BY PAUL JUNOR

The awarding of $35,000 by the Human Rights Tribunal damages is good news to the parents of a six-year-old black girl. She was handcuffed and restrained by Peel Regional Police (PRP) at her elementary school on September 30^th, 2016.

Global News reported on March 2^nd, 2020 that the Human Rights Tribunal of Ontario (HRTO) had indicated that race was a factor in the treatment that she received by the officers of the PRP.

The ruling was made on February 24^th, 2020 and publicized by the Human Rights Legal Centre. The ruling notes that there were instances of aggressive behaviour by the student and that the police were contacted on September 8^th, 15^th and 26^th of 2020.

Brandy Bowlby’s ruling noted that there were discrepancies in the accounts of what happened. She notes, “This difference is critical because placing a six-year-old child on her stomach with her wrists handcuffed behind her, her ankles handcuffed and holding her in that position for almost half an hour represents an entirely different type and level of control than leaving her in a sitting position with her hands cuffed in front of her as officers said they did.”

This ruling of racial discrimination was a serious breach of the six-year-old’s human rights. Information revealed in tribunal documents shared by Mississauga News on January 7^th, 2020 detailed how the six-year-old had endured several traumatic experiences, which included the murder of her father and her mother being diagnosed with cancer. In addition, she was exposed to bullying by her classmates and it had a negative effect on her.

Bowlby notes, “the applicant has suffered implicit harm in experiencing anti-black racism at a very tender age. The fact that the applicant would experience anti-black racism at such a young age is alarming: it is clear that, because of the incident, she became aware that as a black person, she may be subject to different treatment than a white child. The full impact of this is unknown, but it is now part of the applicant’s lived experience and will affect the future.”

It was revealed that the young girl had behavioural issues and was diagnosed as having oppositional defiant disorder. Mississauga News reported on January 7^th, 2020 that the $35,000 financial award for damages, will go toward psychological and trauma counselling for the family. The child’s mother J.B states, “I am happy that this rather lengthy and difficult chapter is finally over. I can now focus on what lies ahead. This decision gives my community hope where we often feel there’s no recourse.”

As unfortunate as this incident is for the young black student and her family, it will provide lessons with respect to how PRP handle these kinds of issues in the future. The fact that PRP has been able to enter into a Memorandum of Understanding with the Ontario Human Rights Commission means that it will undergo significant adjustments in how it deals with children under twelve years of age.

In addition, there is a mutually agreed legal binding remedy with PRP and the Peel Police Services Board to ensure that it engages in strategies to deal with systemic racism in policing.

J.B, the mother of the six-year-old is happy with the ruling. She states, “I am pleased with the Tribunal’s decision. But I do hope the MOU isn’t just smartly worded and celebrated while police officers continue to have harmful interactions with black bodies on the ground, with little risk of even professional consequences. I hope it’s a meaningful step toward trusting police to be protectors of our community. These policy changes need to have an effect on our daily lives.”