Contrary to Section 1 and 9 of the Human Rights Code

In a case resolution conference decision, adjudicator Kaye Joachim ruled that the preponderance of probabilities had led her to find in favour of Ronald Phipps in his human rights complaint filed against the Toronto Police Services Board.
On March 9, 2005, Phipps found himself being questioned for a variation on the theme of "driving while black". In Phipps' case, he was walking while black in an affluent Toronto neighbourhood, fulfilling his duties at the time as a relief letter carrier. Phipps charged that Constable Michael Shaw discriminated against him on the basis of race and colour when he stopped and questioned him on the March day. Joachim upheld Phipps' claim when she found that "it was not unusual behaviour on the applicant’s part that caused Constable Shaw to decide to place the applicant under surveillance but rather the fact that he was an African Canadian male in an affluent neighbourhood.", in contravention of Sections 1 and 9 of the Human Rights Code.
Shaw and a rookie constable had been given a "Directed Patrol Assignment, recommending that they patrol the area where the applicant was delivering mail between 12 p.m. and 4.00 p.m. The assignment details were that phone lines had been cut in the area by suspects described as Male, White and East European, who were using a vehicle." Given that Phipps was carrying two letter carrier's bags filled with the Queen's mail, and wearing Canada Post uniform attire, it is easy to see how Shaw could have decided he was a suspect that needed investigating, don't you think? Especially considering the fact that he was wearing the uniform and carrying the Canada Post mail satchel in the affluent Bridle Path neighbourhood, while blatantly being the wrong colour, it is more than easy to understand why Shaw immediately demanded ID from Phipps. The driver's license and Canada Post ID he produced were apparently not enough for the good officer, so the rookie officer returned to the police vehicle and performed a check which showed Phipps was clean. It showed him to be as clean as new-fallen snow, in fact, if you'll pardon the colour inference. Still not sure that it could be possible for a black man to actually be innocently doing just what he claimed to be doing, Shaw approached a white male letter carrier he saw at a nearby drop box, and asked him for input about Phipps. When this white man answered that he knew there was a black acting as a relief carrier on the route that day, Shaw finally gave up his aggressively discriminatory actions and drove away, leaving behind a very shaken Phipps.
Phipps told CBC Radio today that he has suffered ongoing nightmares as one of the consequences of this incident. In his complaint, he alleged that the officers drove the cruiser in a reckless manner, using it to cut him off in a driveway. In his nightmare, he says, the cruiser does not stop on time. It hits him.
Phipps said as well that although he would not have done anything differently than he did and that he still believes in standing up for his rights, his family really wants it all to be over and that they fear reprisals being brought against their father/husband. There is still another hearing to come on September 14 of this year when the tribunal will hear the same accusations against the Toronto Police Services Board and Chief Bill Blair. Phipps says he is ready to go through with this one as well, in spite of his family's reluctance, but he makes one statement which is hard for me to listen to, even though I understand the reality inherent in it; hard for me to reconcile with my love of my country. Phipps said he was born in Jamaica and came here as a child with his parents and seven brothers and sisters, but that "(He) had no idea what racism was until (he) came to Canada."
Yes, our police forces do indulge in racial profiling and discriminatory actions. Yes, we should hang our heads in shame over the long way we still have to go. We all owe a thank you to Ronald Phipps. Thank you for having the courage and conviction, the perseverance to go through with this case. You have done your part to help Canada be a better place for all of us.