Two administrators of a Muslim community center claim to have been victims of “discriminatory harassment” and an attack on their freedom of religion by the City of Montreal East and one of its officials, to whom they claim compensation of more than $20,000, learned The duty.
The genesis of this story dates back to August 9, 2016, when the City of Montreal East contacted the Assafae Community and Sociocultural Center to revoke its occupancy certificate on the grounds that it was occupying its premises as a place of worship in an area of the municipality where the zoning does not allow it. The municipality thus considered that the community center did not respect its certificate of occupancy, granted in February 2012, which only provided for the holding of community activities in this premises.
A first statement of offense was thus issued against the center on September 16, 2016, indicate briefs filed before the Human Rights Tribunal by the Commission des droits de la personne et des droits de la jeunesse (CDPDJ) and the City of Montreal East. The CDPDJ acts here as plaintiff on behalf of the Muslim community center.
However, the Municipal Court of Montreal acquitted the community center of this first statement of offense on February 1, 2018. The same will subsequently apply to five other statements of offense totaling $1,361, issued for the same reason, between July 11, 2018 and April 26, 2019: these are all invalidated by the Municipal Court, in particular due to a lack of evidence provided by the City.
“The repeated issuance of statements of offense by the Defendant City constitutes discriminatory harassment based on the religion of the center because of the vexatious and repeated character as well as the relentlessness of the Defendant City”, thus considers the CDPDJ in its brief, whose The duty got a copy.
The City, for its part, refutes this vision and ensures that it has only applied its zoning by-laws by sending inspectors to the site who have noted, following complaints from residents, that members of the community Muslim women gathered in this room to practice prayer.
“The issuance of five statements of offense to a legal person over a period of nine months is far from constituting harassment, especially since a statement of offense could be issued for each separate day on which the offense continued “, adds the City in its brief.
An amalgam “
The president of the community center and one of the plaintiffs in this case, Slimane Zahaf, recognizes that members of the Muslim community practiced prayer in this room once a week, on Friday afternoon. However, these people were praying there on a personal basis, and not as part of an activity organized by the community center, he explains. The rest of the week, many social activities are offered in this center, including French, English and Arabic lessons, he lists in an interview.
“In fact, it’s a cultural center where we help new immigrants in their integration,” he insists. Fo Niemi, the director general of the Center for Research-Action on Race Relations, which is acting as plaintiff in this case, thus underlines the importance of the City ceasing to create an “amalgam” between the practices of this community center and those “people who use its services”.
This saga would have precipitated the move of the community center to premises located in the Pointe-aux-Trembles district in March 2020, says Mr. Zahaf.
A civil servant concerned
In its motion, the CDPDJ also targets civil servant Nicolas Dziasko, who has held various positions within the City of Montreal East since 2014. At the time of the alleged facts, he was director of the land management and environment.
On March 30, 2018, Mr. Dziasko reportedly came to the center “while he was on leave”, indicates the CDPDJ brief. He would then have arrested the administrators of the center Slimane Zahaf and Abdallah Ait Boual to remind them that it is forbidden to use this community center as a place of worship.
According to the Commission, the official adopted “an arrogant and aggressive tone” towards the two men, whom he allegedly “harassed” by repeatedly shouting that they “have no right” to use this center as a place of prayer. The man also allegedly took a photo of the center and some of its members. “We even had to call the police to ask them to intervene,” recalls Mr. Zahaf.
The CDPDJ thus argues that the remarks made by the official constitute “a discriminatory attack on the right to dignity” and on the freedom of religion of the representatives of the center. Conversely, the City claims that it was rather its official who was insulted by several individuals when he showed up at the center.
“At all times, Mr. Dziasko addressed himself in a very respectful, diplomatic and delicate way to recall the fact that the use of any religious worship was prohibited in this area and that this prohibition did not only target the Muslim religion. “says the City.
Moral and punitive damages
While the City is asking the Court to dismiss this file, the CDPDJ is asking the municipality to grant $8,361 to the community center, as a legal person. This sum includes the total amount of the five statements of offense issued since 2018 by the City as well as an amount of $7,000 which would be awarded as punitive damages. At the same time, it is requested that the City of Montreal East set up training for its officials to prevent cases of discrimination.
As for the civil servant Nicolas Dziasko, the CDPDJ estimates that he should hand over a sum totaling 12,000 dollars to Slimane Zahaf and Abdallah Ait Boual in moral and punitive damages. Joined by The dutyMr. Dziasko declined to comment, addressing our reporter to the legal services of the City of Montreal East.
“We cannot comment on the details of this file which is now before the Human Rights Tribunal, but the City of Montreal East is entitled to enforce municipal regulations on its territory,” wrote the To have to Kaouther Saadi, head of the Legal Affairs and Registry Department of the City of Montreal East.
A hearing date has not yet been set in this case.