Indigenous family faced discrimination in North Bay, Ont., when they were kicked off transit bus

Ontario's Human Rights Tribunal has awarded members of an Indigenous family in North Bay $15,000 each after it ruled they were victims of discrimination.

The case dates to 2018 when they were refused service on a North Bay transit bus by a driver with a history of disciplinary issues. The three First Nations family members are Cree and, at the time of the incident, lived in the city's downtown.

The 2018 incident took place when the family was getting on the bus after a trip to the Northgate Shopping Centre, taking the Ski Club route home because it was a direct route that dropped them near their place of residence. (File)

They were getting on the bus after a trip to the Northgate Shopping Centre, taking the Ski Club route home because it was a direct route that dropped them near their place of residence.

While it was a longer trip, they chose it because they wouldn't have to carry their purchases when they transferred buses. Two of the family members live with disabilities.

"It is the applicants’ unchallenged evidence that approximately 15 to 20 people lined up with the applicants to board the 5:45 p.m. Ski Club Route bus who the applicants described as Caucasian and East Indian," the decision by the rights tribunal said.

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"They were the only visibly Indigenous people waiting for the bus ... There was no evidence from any of the witnesses to indicate that the transit operator refused service to any of the other passengers."

But as they boarded the bus, they said the transit operator gave them "a dirty look" and told them to get off the bus.

The tribunal ruled that the bus driver could tell they were Indigenous by the way they looked and were dressed.

"The applicants testified that they did not ask the transit operator about their route," the decision said.

Told them to 'get out'

"They said the transit operator did not suggest an alternate route to them but instead forced the applicants to leave the bus telling them repeatedly to 'get out.'"

In his testimony, the transit operator said that "he does not remember the incident giving rise to these applications but believes passengers find his manner abrasive because of his French-Canadian background," the tribunal said in its decision.

It emerged the bus driver had a history of kicking passengers off the bus or preventing them from boarding, contrary to protocols. He had been disciplined six times in nine years and had been suspended in 2014 as a result.

On the balance of probabilities, the tribunal ruled that the facts of the case support the argument the family had been victims of discrimination.

"He did not suggest an alternative bus route or provide any explanation of why he was not allowing them to board the bus," the decision said.

"I find that the transit operator treated the applicants differently than he treated the other passengers on the bus. He did not question the other passengers about their destination, and he did not prevent the other customers from entering the bus."

Only Indigenous passengers on the bus

While bus drivers can speak to passengers and suggest other routes, they are not allowed to remove passengers who are not taking the most efficient route.

"The applicants were the only visibly Indigenous passengers on the bus, or in line to board the bus and they were the only passengers whose route the transit operator challenged and the only passengers he prevented from boarding the bus," the decision said.

"I find on a balance of probabilities that the refusal to allow the applicants to board the 5:45 Ski Club bus was discriminatory because of race, colour, ancestry, place of origin and ethnic origin."

The tribunal also said that staff handling the complaint from the family were not "sufficiently trained in how to identify, investigate, or track code violations."

There was also no policy in place to document complaints, oversight by managers to ensure investigations are completed properly and tracking of data from complaints to ensure staff training or identify trends.

Investigation, training was lacking

"I find that the respondent did not conduct an investigation appropriate to the situation and therefore did not act to provide a healthy environment," the decision said.

"The supervisor determined the outcome of the investigation before speaking to the parties involved, and did not interview all available witnesses."

In addition to the $15,000 awarded to each member of the family, the tribunal also directed North Bay's transit system to fix the gaps in its training and policies.

"It was the evidence of the respondent’s witnesses that they did not receive specific training on racial discrimination or racial profiling," the tribunal said.

"I order that all of the respondent’s staff receive training, developed and delivered by an expert, on racial discrimination, racial profiling and Indigenous cultural competence."

Transit must update its procedures and provide training to staff within 12 months of the decision, dated Dec. 18.

In a statement to CTV News, the City of North Bay said it is making changes.

“The City of North Bay has recently received the decision issued by the adjudicator with respect to this issue. We take this matter seriously and we will be studying the decision in more depth. We will have further comment once we have fully considered the decision and the appropriate course of action.”

Read the full decision here.