Coward v. Human Rights and Citizenship Commission (Alta.), (2008) 455 A.R. 177 (QB)

• Judge: Martin, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 16, 2008
• Citations: (2008), 455 A.R. 177 (QB);2008 ABQB 455

Coward v. HRC (2008), 455 A.R. 177 (QB)

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. AU.019

Cephas Coward (applicant) v. Chief Commissioner of the Alberta Human Rights and Citizenship Commission (respondent)

(0801 00254; 2008 ABQB 455)

Indexed As: Coward v. Human Rights and Citizenship Commission (Alta.)

Alberta Court of Queen's Bench

Judicial District of Calgary

Martin, J.

July 29, 2008.

Summary:

Coward was walking on a busy street when a police car blocked his movement. A police officer approached him and said that Coward matched the description of a person seen waving a big knife in a public place. The officer asked Coward if he had a knife and Coward said he did not. Coward refused to consent to a search of his person. The officer detained, arrested, handcuffed and searched Coward in public. When no knife was found, Coward was released. Coward was black and claimed that a factor in his treatment was discrimination on the basis of race. He filed a complaint with the Alberta Human Rights and Citizenship Commission. The complaint was investigated and then dismissed by the Director. The Chief Commissioner agreed with the Director's dismissal and did not send the complaint to an Inquiry Panel for adjudication. Coward applied for judicial review.

The Alberta Court of Queen's Bench dismissed the application.

Administrative Law - Topic 9052

Boards and tribunals - Jurisdiction of particular boards and tribunals - Provincial human rights commission - [See first Civil Rights - Topic 7069 ].

Civil Rights - Topic 7069

Federal, provincial or territorial legislation - Commissions or boards - Jurisdiction - Complaints - General - Coward was walking on a busy street when a police car blocked his movement - A police officer approached him and said that Coward matched the description of a person seen waving a big knife in a public place - The officer asked Coward if he had a knife and Coward said he did not - Coward refused to consent to a search of his person - The officer detained, arrested, handcuffed and searched Coward in public - When no knife was found, Coward was released - Coward was black and claimed that a factor in his treatment was discrimination on the basis of race - He filed a complaint with the Alberta Human Rights and Citizenship Commission - The complaint was investigated and then dismissed by the Director - The Chief Commissioner agreed with the Director's dismissal and did not send the complaint to an Inquiry Panel for adjudication - Coward applied for judicial review - Coward alleged discrimination during an unlawful detention, arrest and search conducted by police that violated his Charter rights - The Alberta Court of Queen's Bench held that under the Human Rights, Citizenship and Multiculturalism Act, the Commission was only granted authority over discrimination in policing services - The lawfulness of the detention and search under the Charter was a matter generally reserved for the courts - There was some limited overlap - Human rights decision makers might need information about police powers to ascertain if certain conduct was discriminatory - However, this information provided a context only and there was no jurisdiction to make findings about the constitutionality of a particular detention or arrest - The jurisdiction of the Commission was limited to the human rights complaint - See paragraphs 37 to 49.

Civil Rights - Topic 7069

Federal, provincial or territorial legislation - Commissions or boards - Jurisdiction - Complaints - General - Coward was walking on a busy street when a police car blocked his movement - A police officer approached him and said that Coward matched the description of a person seen waving a big knife in a public place - The officer asked Coward if he had a knife and Coward said he did not - Coward refused to consent to a search of his person - The officer detained, arrested, handcuffed and searched Coward in public - When no knife was found, Coward was released - Coward was black and claimed that a factor in his treatment was discrimination on the basis of race - He filed a complaint with the Alberta Human Rights and Citizenship Commission - The complaint was investigated and then dismissed by the Director - The Chief Commissioner agreed with the Director's dismissal and did not send the complaint to an Inquiry Panel for adjudication - Coward applied for judicial review - The Alberta Court of Queen's Bench dismissed the application - The line of reasoning in the Chief Commissioner's decision was clear and intelligible: while race was a prohibited ground of discrimination, it could also operate as a relevant descriptor - As such, it was reasonable for the Chief Commissioner to determine that there was no generalized heightened suspicion of Coward on the grounds that he was black - The police received specific information that a described person of a particular race was engaged in dangerous conduct and they narrowed their search accordingly - The decision taken by the Chief Commissioner was the type of question which admitted of a number of possible reasonable conclusions and his conclusion was supported by a tenable explanation - The decision was reasonable - See paragraphs 53 to 63.

Cases Noticed:

Brewer v. Fraser Milner Casgrain LLP et al. (2008), 432 A.R. 188; 424 W.A.C. 188; 2008 ABCA 160, refd to. [para. 30].

Doucette v. Wee Watch Day Care Systems Inc. et al., [2008] 1 S.C.R. 157; 372 N.R. 95; 252 B.C.A.C. 1; 422 W.A.C. 1; 2008 SCC 8, refd to. [para. 31].

Juman v. Doucette - see Doucette v. Wee Watch Day Care Systems Inc. et al.

R. v. Johnsgaard (T.D.), [2003] A.R. Uned. 611; 2003 ABPC 165, refd to. [para. 38].

R. v. Moore, [1979] 1 S.C.R. 195; 24 N.R. 181; 43 C.C.C.(2d) 83, refd to. [para. 39].

R. v. Mann (P.H.), [2004] 3 S.C.R. 59; 324 N.R. 215; 187 Man.R.(2d) 1; 330 W.A.C. 1; 2004 SCC 52, refd to. [para. 39].

R. v. Dykhuizen (J.D.) (2007), 427 A.R. 326; 2007 ABQB 489, refd to. [para. 39].

R. v. Arabi (M.) (2007), 428 A.R. 68; 2007 ABQB 303, refd to. [para. 39].

Hum v. Royal Canadian Mounted Police, 1986 CanLII 79 (Can. Hum. Rts. Trib.), refd to. [para. 39].

R. v. Waterfield, [1963] 3 All E.R. 659 (C.A.), refd to. [para. 39].

R. v. Knowlton, [1974] S.C.R. 443, refd to. [para. 39].

R. v. Long, [1970] 1 C.C.C. 313 (B.C.C.A.), refd to. [para. 39].

R. v. Roberge, [1983] 1 S.C.R. 312; 46 N.R. 573, refd to. [para. 39].

R. v. Biron, [1976] 2 S.C.R. 56; 4 N.R. 45, refd to. [para. 39].

R. v. Carlson (T.T.) (2002), 313 A.R. 319; 2002 ABQB 459, refd to. [para. 39].

R. v. Sattar (F.H.) (2008), 443 A.R. 349; 2008 ABPC 115, refd to. [para. 39].

R. v. Wilson (J.W.), [1990] 1 S.C.R. 1291; 108 N.R. 207; 107 A.R. 321; [1990] 5 W.W.R. 188, refd to. [para. 40].

R. v. Lal (S.N.) (1998), 113 B.C.A.C. 47; 184 W.A.C. 47; 130 C.C.C.(3d) 413 (C.A.), refd to. [para. 40].

R. v. Davis (B.J.) (2004), 346 A.R. 141; 320 W.A.C. 141; 2004 ABCA 33, refd to. [para. 40].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276, refd to. [para. 40].

R. v. Kang-Brown (G.), [2008] 1 S.C.R. 456; 373 N.R. 67; 432 A.R. 1; 424 W.A.C. 1; 2008 SCC 18, refd to. [para. 40].

R. v. Waniandy (K.G.) (1995), 162 A.R. 293; 83 W.A.C. 293 (C.A.), refd to. [para. 44].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para.47].

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 51].

Gramaglia v. Alberta (Minister of Government Services) et al. (2007), 404 A.R. 233; 394 W.A.C. 233; 2007 ABCA 93, refd to. [para. 52].

Callan v. Suncor Inc. et al. (2006), 380 A.R. 247; 363 W.A.C. 247; 2006 ABCA 15, refd to. [para. 52].

Calgary (City) v. Cabalde (2000), 287 A.R. 249; 2000 ABQB 712, refd to. [para. 52].

Economic Development Edmonton v. Wong et al. (2005), 371 A.R. 362; 354 W.A.C. 362; 2005 ABCA 278, refd to. [para. 52].

Economic Development Edmonton v. Baah et al., [2005] A.R. Uned. 245; 2005 ABCA 279, consd. [para. 52].

Mis v. Human Rights and Citizenship Commission (Alta.) (2001), 293 A.R. 391; 257 W.A.C. 391; 2001 ABCA 212, refd to. [para. 53].

Chartrand v. Human Rights and Citizenship Commission (Alta.) et al. (2008), 444 A.R. 43; 2008 ABQB 207, refd to. [para. 53].

Duffy v. Human Rights and Citizenship Commission (Alta.) (2001), 301 A.R. 236; 2001 ABQB 541, refd to. [para. 53].

G.S. v. Human Rights and Citizenship Commission (Alta.) (2002), 322 A.R. 133; 2002 ABQB 597, refd to. [para. 53].

Troy v. Kemmir Enterprises Inc. et al., [2003] B.C.T.C. 1947; 2003 BCSC 1947, refd to. [para. 56].

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207; 2003 SCC 20, refd to. [para. 60].

R. v. Williams (V.D.), [1998] 1 S.C.R. 1128; 226 N.R. 162; 107 B.C.A.C. 1; 174 W.A.C. 1, refd to. [para. 61].

Counsel:

P.B. McKenna, counsel assisting Mr. Coward;

J.R. Ashcroft, for the respondent;

D.D. Merchant, for Rick Hanson, the Chief of Police for the Calgary Police Service.

This application was heard on June 16, 2008, by Martin, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following memorandum of decision on July 29, 2008.