The case of a black woman from Longueuil who was the victim of racist insults during a dispute between neighbors could set a precedent in Quebec on how to handle cases of discrimination.
Posted at 5:00 a.m.
The return home of Cendy Kadijia Jeannis was eventful to say the least on February 22. Entangled in a snow bank in front of her home, the 43-year-old woman says she asked her neighbor, who was sitting in her vehicle at the same time, to back up enough so that she could get out of it without crashing into it.
“My asti de N ***, you touch my tank, I’m going to beat your ass up”, he would then have replied, remembers the mother of two teenagers, on the phone.
It was very violent, he had his fists out. He was very aggressive. I never saw him, but he had a sort of hatred, it was more racist than anything else.
Cendy Kadijia Jeannis, resident of Longueuil
In a panic, Cendy Kadijia Jeannis said she took refuge in her car, then called the police, and then her 19-year-old son who was still at home. Once outside, the neighbor would then have attacked the young man. “Asti de N ***, asti de gros gorilla, I’m going to kick your ass,” he allegedly shouted at her, according to the woman’s account.
Longueuil police fight back
In interview with The PressCendy Kadijia Jeannis also criticizes the Longueuil agglomeration police department (SPAL), which would have prevented her from filing a complaint on the spot, claiming that she herself risked being arrested.
The SPAL confirms having intervened on the scene following a call to 911 for an argument between two neighbors of the same building about a parking space.
But according to the police service, the agents on the spot collected the versions of the two people involved, including Mme Jeannis. “These citizens have each expressed their desire to file a complaint against the other person. The events were therefore treated as a file of cross-complaints, ”confirms SPAL sergeant Francis Charrette, by email.
“Take note that at no time did the police prevent either party from filing a complaint,” he continued, adding that the reports had been completed on site “in the presence of the persons concerned”.
The file was sent to the DPCP on March 3 and is still being analyzed. “No decision has yet been made as to whether or not to file charges against the two people involved,” said DPCP spokeswoman Ms.and Audrey Roy-Cloutier.
A “test case”
The Center for Research-Action on Race Relations (CRARR), however, does not intend to stop there. Taking Cendy Kadijia Jeannis under its wing, the rights organization intends to file a complaint with the Commission for Human Rights and Youth Rights (CDPDJ) against its neighbor for his “discriminatory acts”.
The body’s chief executive, Fo Niemi, speaks of a “test case” for the Commission because of the new position it recently adopted following the Supreme Court’s judgment last October in the case between comedian Mike Ward and Jérémy Gabriel.
PHOTO MARTIN CHAMBERLAND, ARCHIVES LA PRESSE
Fo Niemi, Director General of the Center for Research-Action on Race Relations
In a tight decision, the judges of the highest court in the country then ruled that the comments made by the comedian during a series of comedy shows did not meet the criterion of discrimination invoked.
Discrimination within the meaning of the Charter of Rights and Freedoms cannot be invoked to obtain compensation in a defamation case, they then ruled in their judgment.
After several months of analysis, the CDPDJ therefore concluded last week that it would no longer take up complaints concerning only discriminatory remarks.
56 files abandoned
A total of 56 files opened following complaints of discriminatory remarks and deemed admissible before this decision have since been closed, confirmed the communications coordinator of the CDPDJ, Meissoon Azzaria, on Tuesday.
Of these abandoned cases, approximately 70% involved discriminatory remarks based on the ground of “race, color, ethnic or national origin”, indicated Mr.me Azaria. Then comes the reason “sexual orientation”, then “religion”, she adds.
A dozen other files are still being analyzed.
According to Fo Niemi, the gestures of M’s neighborme Jeannis, however, go further than simple discriminatory remarks.
There was a threat of exchanging punches, physical and psychological security threats. It goes beyond the right to dignity, it’s more than discriminatory remarks.
Fo Niemi, Director General of CRARR
If the CDPDJ renounces to take charge of Cendy Kadijia Jeannis’ complaint, the latter will have to turn to the courts and sue her neighbor for defamation in order to obtain compensation.
But she sweeps this idea aside: “I don’t have the financial means. »