Montreal police officers adopted “multiple racial profiling behaviors” by arresting a black motorist without valid reason in 2021, the courts have just ruled. The problematic intervention was filmed by a body camera purchased on the internet by a patrol officer, a practice which raises questions.
Kwadwo Damoa Yeboah was in a vehicle with his 15-year-old daughter, on René-Lévesque Boulevard, when he was stopped for using a cell phone while driving by police officers from the Service de police de la Ville de Montréal (SPVM).
The routine procedure went wrong. Mr. Yeboah got out of his vehicle. The police put him in an arm lock, he was quickly handcuffed and then placed in the back of a patrol car.
Judge Marc Alain, of the Montreal municipal court, determined in a judgment dated June 4 that the behavior of the police officers had been marked by several elements of racial profiling. “They are numerous, sometimes unconscious and often conscious,” wrote the magistrate. This is “serious misconduct that cannot be tolerated.”
The judgment particularly singles out the decision to handcuff the suspect even though he did not show signs of aggression and the fact of detaining him for more than ten minutes despite conclusive checks of his driving license.
The municipal court issued a stay of the legal process in Mr. Yeboah’s case, indicating that racial profiling had colored the case.
” Dishonest “
To decide the case, Judge Alain was able to view the images captured by a police officer’s body camera.
It was not a device provided by the SPVM, but rather a camera purchased at the agent’s expense, directly on the internet. SPVM police officers have been asking for body cameras for a long time and a pilot project was carried out internally, but their large-scale implementation has stalled.
The police officer in question “disagreed with the end of the pilot project” and “wanted to protect herself from a possible complaint of racial profiling,” relates the decision. “She believes police officers should wear body cameras. »
However, the way in which the police officer handled the recording was held against her by the courts. She quickly showed the footage to her colleagues at the police station, but did not disclose its existence in her reports or submit it as evidence.
Retention of body camera video […] is a serious denial of justice that constitutes an indicator of conscious racial profiling.
Judge Marc Alain
The event was also captured by video surveillance from a nearby hotel. This recording was quickly recovered by a police officer, but its existence was also kept silent for several months.
“The police acted in bad faith when they failed to include their knowledge and possession of the two videos in a report,” the judgment states. Police officers do not have to defend themselves by hiding videos from the justice system and keeping videos secret. »
“Very satisfied” customer
Me Fernando Belton, who represents Kwadwo Damoa Yeboah, welcomed the decision of the municipal court.
“My client is very satisfied,” he said in a telephone interview.
The judge denounces in particular that the police hid evidence and misled the court.
Me Fernando Belton, who represents Kwadwo Damoa Yeboah
Me Belton is also pursuing a civil lawsuit relating to the same events.
The SPVM and the City of Montreal did not want to comment on the matter.
“The Legal Affairs Department of the City of Montreal (Directorate of Penal and Criminal Prosecutions) is currently analyzing the decision,” said public relations officer Gonzalo Nunez. Therefore, no comments will be made. »
The SPVM indicated that it was “aware of all the causes concerning its organization”. “As in any other legal case, there is a 30-day period to appeal a decision rendered. We will take the time to analyze this and let the legal process take its course. We will not make any further comment at this time. »