Ontario Court Orders New Hearing for MP’s Police Discrimination Case

UPDATE: In a landmark decision, the Ontario Court of Justice has ordered a new hearing for former MP Matthew Green regarding his long-standing discrimination complaint against the Hamilton police. This ruling, announced on November 7, 2024, underscores serious concerns about how the Human Rights Tribunal of Ontario (HRTO) previously handled the case.

For nearly a decade, Green has claimed he was racially profiled by Constable Andrew Pfeifer during a police interaction in April 2016. Despite being cleared of misconduct in a police hearing, the HRTO dismissed Green’s application twice, ruling that the case had already been addressed. However, the recent court decision highlights significant flaws in this approach.

The three-judge panel found that HRTO adjudicator Joseph Tascona failed to adequately consider Green’s arguments, describing his decisions as “unreasonable.” The judges emphasized that the HRTO and police hearings serve different purposes, with the HRTO tasked with addressing discrimination on a balance of probabilities, while police hearings require a higher standard of proof.

Green expressed frustration over the prolonged process, stating, “Justice delayed is justice denied.” He described the 2016 incident as a moment when he felt “psychologically detained” while simply waiting for a bus. This shocking experience has driven him to seek systemic changes within the Hamilton Police Service to combat racial profiling.

The judicial review raises urgent questions about the accountability of police in these discrimination cases. Chief Eric Girt, who was in charge at the time of the incident, appointed key figures in the police hearing, allowing for potential biases in the outcome. Current police chief Frank Bergen acknowledged the complexity of the process and its impact on the community but maintained that the initial findings cleared Pfeifer of wrongdoing.

Green remains focused on seeking justice, not for personal gain, but to foster change within the police force. He has made it clear that he is not after damages but rather an acknowledgment of the harm caused to the Black community and a commitment to reform.

Despite the court’s ruling, the HRTO has not provided a timeline for when Green’s application will be reassessed. The ongoing struggle illustrates the challenges faced by individuals seeking justice against systemic discrimination, particularly in policing.

As the case unfolds, it serves as a crucial reminder of the need for transparency and accountability in law enforcement, and the importance of ensuring that all citizens can pursue justice without barriers.

This developing story is set to impact many, as discussions around racial profiling and police accountability gain momentum in communities across Canada and beyond. Stay tuned for updates as more details emerge.