Halifax police chief says racial profiling was not a factor in Borden case - Action News
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Nova Scotia

Halifax police chief says racial profiling was not a factor in Borden case

Police Chief Dan Kinsella told a packed Police Review Board hearing Thursday that systemic racism exists in policing and his department is working to root it out.But he doesn't believe it played a role in arrest of Kayla Borden during a traffic stop.

Chief Dan Kinsella told a packed Police Review Board hearing his force is combatting racism

Kayla Borden made a complaint in 2020 where she alleged racial profiling by Halifax Police. The complaint is now before the Nova Scotia Police Review Board.
Kayla Borden made a complaint in 2020 alleging racial profiling by Halifax Police. The complaint is now before the Nova Scotia Police Review Board. (Robert Short/CBC)

Halifax Regional Police Chief Dan Kinsella told a packed Police Review Board hearing Thursday that systemic racism exists in policing and his department is working to root it out.

ButKinsella said he doesn't believe systemic racism played any role in theKayla Borden casebefore the board.

"We continue to work on the challenge [of systemic racism]," Kinsella said. "But I don't see it in any of the evidence that's presented in this particular case."

Borden isa Black woman who says police racially profiled her when they pulled her over while she was driving, told her she was under arrestand briefly handcuffed her early inthe morning of July 28, 2020.

The group of officers who stopped her at a Dartmouth intersection weresearching for a car that earlier fled from police. Within a few moments of Borden's arrest, police realized they had stopped the wrong car. An officer thenreleased her with an apology.

After Borden filed a complaint, an internal investigation by the police examined the actions of two of those officers, Const. Jason Meisner and Const. Scott Martin.

Police Chief Dan Kinsella prepares to testify before the Nova Scotia Police Review Board on January 5, 2023.
Police Chief Dan Kinsella prepares to testify before the Nova Scotia Police Review Board in Dartmouth on Thursday. (Robert Short/CBC)

The investigation found the officers committed no wrongdoing. Borden is appealing that finding to the Police Review Board.

Meisner and Martin both testified before the review board last November.

Borden and her lawyer, Asaf Rashid, called Kinsella as a witness in order to ask him questions about police procedures and training for officers on racial profiling.

Kinsella addresses Borden

Kinsella said the police department has a number of mandatory training courses on systemic racism, as well as a course called Journey to Change developed specifically to combat anti-Black racism butis not yet mandatory.

During his testimony, Kinsella addressed Borden directly, telling her itwas not lost on him that what happened was "impactful."

"The shock factor, I totally understand that. And I also understand that the officers at the scene provided an apology, which is very good to know, and as I understand and I believe, it truly came from a sincere place," he said.

However, Kinsella testified that he was not present during Borden's arrest and he hasn't spoken to the officers involved about the case.

Kayla Borden sits in the Nova Scotia Police Review Board hearing. Behind her, Halifax Police Chief Dan Kinsella and city solicitor Andrew Gough can be seen.
Borden at Nova Scotia Police Review Board hearing with city solicitor Andrew Gough and Kinsella seen behind her. (Robert Short/CBC)

He said he's aware of the case through the police's professional standards process and media reporting.

Kinsella also told the board he's generally aware of every complaint that comes in to the service, and he personally reviews complaints about racial profiling. He wasn't able to give specifics when a board member asked how many complaints are received by his department per year, or what percentage would involve racial bias, butKinsella said those numbers are "not high."

Kinsella's words did not satisfyBorden or her lawyer.

Asaf Rashid is a lawyer representing Kayla Borden.
Asaf Rashid is a lawyer representing Kayla Borden. (Robert Short/CBC)

"Of course it was shocking," said Asif Rashid, Kayla Borden's lawyer. "That's not enough, to recognize it was shocking. There needs to be some actual finding of wrongdoing and then from that there needs to be some action."

"I didn't feel anything really," Borden said when asked about Kinsellaaddressingher directly in his testimony. "I felt like it was just kind of an, 'on-the-record' thing."

Borden said before heading into Thursday's sessionshe does believe her case can make a difference.

"A difference, not just for me, but for the community," she said. "For those that it has happened to them before and may even happen to them coming up."

Borden's supporters filled the hearing room and rallied outside the Dartmouth hotel where the hearing was held.

The history of police stops

Borden's case is hardly the first to allege racial profiling of a Black driver in the Halifax-Dartmouth area.

Twenty years ago, professional boxer Kirk Johnson won a five-year battle to have a police stop acknowledged as wrongful and discriminatory. Johnson went through the same police complaint process as Borden, and he came to her hearing to show his support.

"This is what we're doing again? We're still here?" he said. "I can't help but think about my kids. I've got a 17-year-old and I've got a 12-year-old, and I'm saying, 'Wow. What can we do so that can't happen [again]?'"

Johnson competed for Canada at the 1992 Barcelona Olympics and his landmark case made national news.

A Nova Scotia Human Rights Commission decision in December 2003 found the police discriminated against Mr. Johnson and his friend Earl Fraser, who was also in the car.

Kayla Borden and some of her supporters rally outside a Dartmouth hotel where the Nova Scotia Police Review Board is meeting to hear Borden's case.
Borden and some of her supporters rally outside a Dartmouth hotel where the Nova Scotia Police Review Board is hearing her case. (Robert Short/CBC)

The decision called for a public report from outside experts on steps the Halifax Regional Police should take on anti-racism education and diversity,and suggested an apology to Johnson and Fraser while also awarding them general damages.

In watching Borden's case, Johnson said he believesthe police need to take faster actionon anti-racism issues.

"The change that I thought was going to happen [Kayla Borden] is evidence that the change didn't happen as rapidly as I wanted to happen or as I thought was going to happen," he said.

Lawyers for all parties will makefinal written submissions beforeMarch 7 after whichthe Police Review Board will make its decision.

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.

Kayla Borden and Kirk Johnson pose for a picture together outside the Nova Scotia Police Review Board hearing of Borden's case.
Kirk Johnson, right, came to the hearing to support Borden's case. (Robert Short/CBC)

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