Law Times

Law Times • November 19, 2018 Page 5 www.lawtimesnews.com Court awards $49K in case against Hamilton police BY AIDAN MACNAB For Law Times A n Ontario Supe- rior Court judge has awarded $49,000 to a man and $10,000 to his family, after he was illegally arrested, pulled from his car and pinned to the ground by Hamil- ton police. In Jeremiah v. Hamilton Wentworth Police Services Board, Justice Antonio Skarica said the case was about balanc- ing individual liberty and the duty and power of police to in- terfere with that to protect soci- ety from criminal activity. "The victory here is a tribute to the courage and perseverance of my client, Rikki Jeremiah. His determination to face the risks of a trial to obtain justice and right the wrong he experienced that night is inspiring. It is a les- son for us all to stand up for our rights," said Jeremiah's lawyer, Robert Munroe of Ross & Mc- Bride LLP, in an emailed state- ment. Jeremiah, an auto mechanic who operates a car dealership and is a preacher with the Sev- enth-Day Adventist Church, is an immigrant from the Carib- bean who came to Canada 24 years ago. He was sitting in a parked car with his friend Christian Lokofe at 1:30 a.m. on Feb. 12, 2012. Po- lice officers Ian Milburn, Dave Pidgeon, Shawn Smith and Andrew Poustie — members of the Addressing Crime Trends in Our Neighbourhood — or ACTION squad — spotted Jer- emiah's vehicle and decided to investigate. The ACTION team is tasked with targeting high- crime neighbourhoods. Jeremiah had a dealer plate on the back of his Chrysler Sebring and no licence plate on the front of the car. The five police defen- dants testified they saw Jeremi- ah put something between the seats. The police also testified that the Chrysler Sebring model is stolen at an above-average rate. When asked to produce his licence, Jeremiah refused repeat- edly, saying he was doing noth- ing wrong and asking why the officer needed his licence. He was pulled out of the car (one of- ficer testified they tried but were unable to remove him and he eventually got out on his own), pinned to the ground and hand- cuffed. Skarica rejected the testimo- ny by Lokofe that, during this confrontation, racial slurs such as "boy" were used and rejected Jeremiah's testimony that one of the officers put his head through the driver's-side window and said, "Give me your licence or I'll punch you in the face." Skarica said it was "clear from the evidence" that the police were concerned with the object hidden between the seats and it was unreasonable, not knowing if there was a gun nearby, that the officer would recklessly put his head into the car. The other offi- cers' testimony also contradicted that those threats were made, Skarica wrote in the decision. While one of the officers said a crack house was located close to the car to establish a "con- stellation of factors" that would explain the officers' conduct. Skarica also rejected this as "made up." Skarica said Jeremiah's Char- ter rights were violated. He also found that the only evidence of racial slurs came from Lokofe's testimony, which he rejected and added that Poustie is married to a biracial woman. "I conclude that there is no evidence that race played any role in the officers' conduct and actions," Skarica wrote. Michael Bryant, executive di- rector and general counsel of the Canadian Civil Liberties Asso- ciation, says Jeremiah "did noth- ing wrong, exercising his civil liberties in textbook fashion, and the police conduct in this case was wrong, wrong, wrong." However, Selwyn Pieters of Pieters Law Office in Toronto, says that's a "ridiculous analysis of race." There was enough circum- stantial evidence to find that the race of Lokofe and Jeremiah was a factor in the decision to inves- tigate them and the fact that one of the officers has a biracial wife does not mean he can't assume that a black person is more likely to be involved in a crime, says Pieters. "Jeremiah got a good result in the sense that he got some compensation, but the thing is we still have to call the judge out on his faulty analysis of race and racism," he says. General damages of $40,000 were awarded because the judge concluded that Jeremiah had post-traumatic stress disor- der, shoulder injuries that may require surgery and he lost a month from work. Another $9,000 was awarded in special damages, with $1,275 for money Jeremiah spent on psychother- apy and physiotherapy and the remaining $8,525 as compensa- tion for future treatment. Stephen Chisholm, lawyer for the defendants, could not be reached for comment before deadline. 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But perhaps most importantly, we offer a respectful work environment that is built upon CBN's Seven Core Principles of Reason, Integrity, Honesty, Independence, Justice, Productivity and Pride. As a Senior Legal Assistant, you'll be tasked with supporting the Vice-President Corporate Affairs, Legal Counsel, and other senior executives while managing an important repository of documents in an environment where there is never a dull moment. You'll be exposed to a tremendous variety of work and as such be afforded a great many opportunities to expand your legal knowledge and understanding. Please follow this link http://www.cbnco.com/careers/opportunities/?p=job%2FoVgw8fwz to CBN's Career site for a more complete description of position's core responsibilities and to apply for the role. Eligibility for Government of Canada Secret (Level II) clearance is mandatory. As an Equal Opportunity Employer, CBN is committed to achieving a skilled and diversi ed workforce that re ects the diversity of the Canadian population. We encourage applications from women, visible minorities, people with disabilities and Aboriginal people. CBN is committed to developing inclusive, barrier-free selection processes and work environments. If contacted regarding this competition, please advise the interview coordinator of any accommodation measures you may require. SeniorLegalAssitance_LT_18.indd 1 2018-11-09 10:59 AM Selwyn Pieters of Pieters Law Office in Toronto said an Ontario Superior Court judge's analysis determining whether race was a factor in an illegal arrest was 'faulty.'

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