Racial profiling | Start of a lawsuit to invalidate the random arrests

Joseph-Christopher Luamba, a 22-year-old black man, says he has been arrested without cause numerous times since obtaining his driver’s license. He is trying to have the random arrests of motorists by the police declared unconstitutional, to put an end to racial profiling.

William Theriault
The Press

In a civil trial that began on Monday, the Montrealer claims to have been arrested by the police forces of Montreal, Repentigny, Laval and Gatineau nearly ten times in total between obtaining his driver’s license (March 8, 2019) and the filing of his motion with the Superior Court (November 20, 2020).

In each case, the young man claims to have complied with road safety rules. He says he has been the victim of “random” arrests, whether as a driver or a passenger, and suspects that the color of his skin is a factor.

In his official request, Joseph-Christopher Luamba asks the Court that “the power to stop a road vehicle and its driver without reasonable cause” be declared “inoperative and unconstitutional”.

“When that happens, I feel nervous, but also frustrated,” he says. I wonder why ? I followed the rules, I did not commit any infraction. I have the impression that they will often target the same people. »

“My interactions with the police are not always friendly,” he continued. They speak to me in a fairly direct tone. It happened many times to have the nervousness to feel guilty even though I was completely innocent. »

His lawyer, Mr.^e Mike Siméon, deplored to Judge Michel Yergeau that people with black skin were statistically more likely to be the subject of a “so-called random” arrest by the police, since they are considered “more likely to be linked to criminal activities”.

Joseph-Christopher Luamba also noticed that “so-called random” police arrests were frequent among his friends in the black community, and even among his acquaintances of Arab origin. “My white friends are surprised to see this, because it never happens to them, formulates the young man. It shows that there is work to be done. »

A societal problem

M^e Bruce Johnston, who represents the Canadian Civil Liberties Association, supports Mr. Luamba in his legal proceedings. Racial profiling is a problem “Central to the health of our society”, he argued in court.

M^e Johnston, who is white, used an ethnic comparison in his first appearance in court. In all black families, he explained, the parents have, at one time or another, a discussion with their son to tell him about when he is going to be stopped by the police. “For them, it’s not a question, it will happen,” he said. Me, I never had this conversation with my guys. »

He then directly addressed Judge Yergeau, also white: “A whole corpus of studies shows that [le profilage racial] is deeply traumatic, degrading and anxiety-provoking. Imagine that every time you get into your vehicle, you tell yourself that you might be arrested. »

Police sanctions, rather

For me^e Michel Déom, the lawyer for the Attorney General of Quebec, we must issue sanctions to the police officers at fault rather than invalidating the law in its entirety.

In his opinion, to dissolve the unconscious bias that some peace officers carry, it is necessary to go through the education of the population.

“Yes, it takes time, but we have to give education a chance,” he pleaded. The seat belt and drunk driving, it took almost a generation. It’s not simple, we’re talking about modifying human behavior. »

Counsel for the Attorney General of Canada, Mr.^e Ian Demers, acknowledged that racial profiling was “contrary to the law, the Charter and Canadian values”. But he considers the plaintiff’s request “far too broad”.

The trial continues Tuesday, at the Montreal courthouse, and is then to be held five days a week between June 6 and June 30.