2 Montreal police officers suspended without pay for racial profiling - Action News
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2 Montreal police officers suspended without pay for racial profiling

Two Montreal police officers have been suspended for more than a month without pay for racial profiling during a traffic stop in March 2019.

Police ethics tribunal rules they stopped young Black man solely because of his race

SPVM  Montreal Police Car on 01 Aug 2023.
The two Montreal police officers can appeal the ruling by Quebec's police ethics tribunal. (Charles Contant/CBC )

Two Montreal police officers have been suspended for more than a month without pay for racial profiling during a traffic stop in March 2019.

Officers Carlos-Antonio Flores and Michael Mayer stopped Stanley Jossirainsolely because he was a young Black man, acting without reasonable suspicion, according to the ruling by Quebec's police ethics tribunal that was published on March 12.

The two officers also detained his three Black friends in the car without proper cause and without explaining the reason, the ruling says.

The officers then issued two unwarranted tickets to Jossirain and engaged in misconduct that included cutting passenger Derek Durand's health card in two.

As a result, on Sept. 1, the tribunal found the officers guilty of various breaches of police conduct, including acting on racial grounds, unlawfully detaining Jossirain and issuing tickets without justification. Officer Mayer was also found guilty of damaging Durand's property.

The tribunal ruled that "racial profiling was the backdrop to the entire police intervention."

Indicators of racial profiling started as soon asConst. Flores made a U-turn to intercept the vehicle, the tribunal ruled.

The officers insistence on identifying the car's occupants, issuing of frivoloustickets and destruction of Durant's health card were "to different degrees and in their own way, indicators of the racial profiling of which Mr. Jossirain was a victim," the ruling says.

Sgt. Mayer was suspended for a total of 36 days and Const. Flores for a total of 33 days.

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CRARRs executive director Fo Niemi says the tribunal's decision sends a strong message about racial profiling. (CBC)

In a statement, Jossirain said he ishappy with the decision because "racial profiling exists still today and I know that sometimes it's not easy, but we must always denounce, because we all have the same rights no matter our nationality, our religion, our identity, our differences."

He said police officershave a duty to protect and serve, rather than harm the safety and health of citizens, and what he experienced can reach a point of destroying someone's life.

"I hope that the police officers who will read this decisions will be more careful with their actions," he said.

The advocacy group, the Center for Research-Action on Race Relations (CRARR), helped Jossirain file a complaint with Quebec's Human Rights and Youth Rights Commission and with the province's police ethics tribunal.

CRARRexecutive director Fo Niemi said the police intervention didn't involve violence, but there was abuse of power. He pointed out that the two tickets, one for failure to use a turn signal and the other for obstructing police work,were later dismissed in court.

Niemi said, with its ruling, the police ethics tribunal has sent a strong, tough message that racial profiling is no longer accepted or tolerated.

"I think the tribunal is getting more and more impatient and more and more intolerant of racial profiling," said Niemi. "Hopefully this will set a new standard on racial profiling, or racial discrimination in policing."

The Service de police de la Ville de Montral (SPVM) says in a statement that it takes note of the tribunal's decision, and that the two officers have the opportunity to appeal the decision should they wish to do so.

The SPVM will take the time to analyze the decision and let the legal process take its course, the statement says.

"The SPVM is sensitive to the situation referred to in this decision and will follow this matter carefully," the statement says.

CBC News reached out to Montreal officials for comment Tuesday afternoon, but did not hear back.

For more stories about the experiences of Black Canadians from anti-Black racism to success stories within the Black community check out Being Black in Canada, a CBC project Black Canadians can be proud of.You can read more stories here.

Being Black in Canada in block letters with five raised fists on the right side.
(CBC)

with files from Jennifer Yoon