September 4, 2024
There has been a major Quebec Superior Court ruling against the Montreal police service (SPVM) and the City of Montreal.
The court declared that there’s a systemic form of racial profiling within the SPVM, and it is awarding $5,000 in punitive damages to anyone who was stopped on the streets based on their ethnic origin.
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In her 100-page ruling, Justice Dominique Poulin recognized that Montreal police and, by extension, the City of Montreal were responsible for systemic racial profiling.
The ruling opens the door for financial compensation for anyone pulled over or questioned without cause by the SPVM between 2017 and 2019
The Montreal Black Coalition launched the case following the violent arrest of a man as he left a bar on St-Jacques Street in 2017.
The victims, the coalition argues, belonged mostly to Black, Arabic, Latino and Indigenous communities.
The city and the SPVM already recognized that there was a racial profiling problem and that they were trying to fix it. However, they argued it was up to each victim to make their case for damages.
“The city will continue its unprecedented efforts to combat racial profiling,” the city said. “As the first administration to recognize the existence of systemic racism, we will continue to work with all our partners and public organizations in Montreal to ensure that every citizen feels safe and enjoys the same rights.”
At the trial, the city questioned the method used to determine who was a victim of illegal profiling. Street gang crime-fighting units, lawyers argued, should not be factored in.
Poulin said, however, that the pattern was clear and the number of victims was realistic enough to immediately request they be compensated.
Various organizations will be asked to come up with specific lists of victims.
The case is complex because not every police check is recorded and not every targeted victim of profiling files a complaint.
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The process to award the money could still take months.
The ruling remains a significant victory for visible minority groups that say systemic racial profiling is indeed very present at the SPVM and that the city is ultimately responsible.
