The City of Montreal is systematically blocking complaints of racial profiling against the police force by stalling hearings before the province's Human Rights Tribunal, says the president of Quebec's Human Rights Commission.

Gaétan Cousineau, president of the Quebec Human Rights Commission, says delays in racial-profiling cases are harmful to the commission's reputation. (CBC)Seven complaints are now before the tribunal, but the hearings have not been able to proceed, Gaétan Cousineau said.

Lawyers representing the police force use procedural and jurisdictional arguments to delay hearings, he said. For example, he said, the lawyers will argue that Montreal police officers cannot be interrogated if the complaint is also before the police ethics commissioner, which is frequently the case.

"In certain cases we have to send subpoenas to officers," Cousineau said. Even the subpoenas are often contested.

The Human Rights Commission is the first recourse for a complaint about racial profiling. Its decisions are non-binding. If one of the parties disagrees with the commission's recommendations, the case is referred to the Human Rights Tribunal.

The delays at the tribunal level are frustrating for officials and undermine confidence in the commission among minority communities, Cousineau said. It also damages the complaint process "to not be able to solve these cases in a timely fashion," he said.

Cousineau wondered whether the delays are the result of the city’s refusal to acknowledge that racial profiling exists — or whether there is a disconnect between city administrators and the legal services department.

"Refusing to look at things, and refusing to see it when it is there is the worst thing that can happen to society," Cousineau said. "Once you acknowledge that it is there, then you can start repairing it."

Dollard woman waits for compensation

Dollard-des-Ormeaux resident Gemma Raeburn is still waiting for her case to be heard by the Human Rights Tribunal.

In July of 2008, the Human Rights Commission ordered the Montreal police to pay Raeburn $20,000 for racial discrimination.

The commission ruled that police officers made racist remarks in a 2004 incident in which they drew guns on Raeburn and two men while all three were clearing out Raeburn’s garage.

A neighbour called 911 after spotting the trio, believing a robbery was in progress. Police arrived with guns drawn and when Raeburn protested, an officer replied that "bullets don't see colour." Another officer told one of the men that if he didn't like it here, he should go back to his own country.

The three complained to the Police Ethics Commissioner and to the Human Rights Commission. The ethics commission ruled the remarks were discriminatory. One of the officers was suspended for three days, and the second was suspended for one day.Dollard resident Gemma Raeburn says waiting for her complaint to be heard by the Human Rights Tribunal has been stressful. (CBC)

The Human Rights Commission awarded each complainant $20,000 in moral and punitive damages.

But because the commission’s decision is non-binding, it was forced to take the case before the Human Rights Tribunal.

"It is incredible, the stress and what they put you through — just I guess, to break you down," said Raeburn, a bank executive and active member of the black community.

"I’m not doing this for myself, I’m doing this for my community — I’m doing it for my son. There is racial profiling and discrimination and it's like being an alcoholic. If you don’t admit you're an alcoholic, you’ll never get cured.”

Lawyers doing job

Officials with the city and Montreal police declined to comment.

But Frantz Benjamin, a councillor with Mayor Gérald Tremblay’s Union Montreal Party, said he has spoken with the city’s lawyers about the issue.

"They told us that they are not really doing obstruction, they just want to be clear on the rights of the police," Benjamin said.

Opposition party Vision Montreal said it intends to push the city on the issue. The party will present a motion Friday, aimed at encouraging Montreal police to change their way of addressing racial-profiling complaints, said Mercier-Hochelaga-Maisonneuve Borough Mayor Réal Ménard.

"The police department has to collaborate with the Human Rights Commission," Ménard said. "I think that’s the right thing to do."