A member of an Indigenous family in North Bay who was discriminated against when a transit driver ordered them off the bus is speaking out.
As first reported by CTV News Northern Ontario, the Human Rights Tribunal of Ontario ordered the city to pay $45,000 in damages for the incident, which took place in 2018.
Paula Nakogee and her adult sons, Kendall and Austin Nakogee, filed a human rights application against the city and the transit authority after a driver prevented them from boarding a bus, despite the fact that they were holding valid bus passes.
“The applicants were carrying heavy packages, including groceries and a set of 100-pound exercise weights, when they attempted to board the Ski Club Route bus outside the Northgate Shopping Centre,” said a news release Wednesday from the Human Rights Legal Support Centre, which represented the family.
“The Nakogees were the only Indigenous people waiting for the bus, along with 15 to 20 other passengers described as Caucasian and East Indian. No one else was refused service, and the driver did not suggest an alternative route or provide any explanation as to why he was not allowing the three of them to board.”
Challenging journey
“This was a long and challenging journey, but this decision ultimately brought a deep sense of pride and accomplishment,” Paula Nakogee said in the news release.
“I hope it paves the way for meaningful and lasting changes in the transit system and beyond.”
In addition to the monetary award, the North Bay Transit was ordered to make policy changes and provide additional training for staff.
The transit driver in question had 22 documents citing disciplinary issues going back to at least 2010, with six instances of him preventing people from boarding the bus or telling people to exit the bus.
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.”
Deeper problem
A representative for the legal support centre welcomed the tribunal’s decision but said the case itself is a sign of a deeper problem.
“This decision highlights the pervasive and subtle acts of racism that are far too common in our society, and that no one should be subject to, especially when accessing a public service,” Jamie McGinnis, senior legal counsel with the centre, said in the release.
The human rights tribunal ordered the city to pay each applicant $15,000 in compensation for injury to dignity, feelings and self-respect.
The city was also ordered to create policy and procedure directions for customer complaint investigation practices and provide staff training on racial discrimination, racial profiling and Indigenous cultural sensitivity.
