'Race was not likely a factor in the officers' decision,' board says
An independent human rights board of inquiry has dismissed a racial profiling complaint against the Halifax Harbour Bridges, Halifax Bridge Commission, and Commissionaires Nova Scotia. Board chair Benjamin Perryman concluded that there was no evidence of discrimination in the case.
Ross Gray, a Black man, alleged he was racially profiled while walking his bicycle across the Angus L. Macdonald Bridge on July 17, 2021. According to CBC News, Gray claimed that two bridge patrol officers wrongfully accused him of riding in the pedestrian lane. A public hearing regarding the incident took place in April 2024, and a decision was issued on July 24.
In his decision, Perryman acknowledged that the bridge staff mistakenly stopped Gray but determined that race or colour was not a factor in their decision. He stated, “In my view, race was not likely a factor in the officers’ decision to stop the complainant. The officers did not have a description of the cyclist who had been observed riding on the pedestrian walkway.”
CBC reported that video surveillance confirmed that Gray had not been riding his bike in the pedestrian lane. The officers stopped him twice before realizing he was not the correct person. After confirming their mistake, they allowed Gray to proceed.
Following the incident, Halifax Harbour Bridges (HHB) sent a letter of apology to Gray, citing “human error” as the reason for the mistake. The organization took “counseling and administrative action” with the staff involved and implemented changes to its standard operating procedures.
HHB also invested in upgraded surveillance and radio systems to prevent similar incidents, said the CBC.
Gray expressed that the interaction had a lasting harmful impact on him, affecting his parenting and trust in the system. He reported feeling guarded and uneasy in public settings. Perryman noted Gray’s continued distress, quoting him: “Like it’s all still there. It’s just like it happened yesterday, right?”
Findings of the board
Perryman outlined four reasons for his conclusion that Gray did not face racial discrimination, said the CBC:
- The bridge officers received verbal confirmation from their operations supervisor that they had stopped the correct person, indicating an open mind about whether Gray had committed an offense.
- The officers were following instructions from their operations manager to address cyclists riding on the pedestrian walkway more aggressively.
- Although one officer used a sharper tone during the second stop, she remained professional and courteous, according to Gray. His main concern was her decision to stop him, not her demeanor.
- When the actual cyclist was apprehended, he was treated in the same manner as Gray.
Perryman concluded, “All this leads the board to conclude that there was nothing abnormal, disproportionate, discourteous, or inexplicable about the officers’ conduct, including their decision to pursue the complainant and the way they interacted with him when he was stopped. As such, the complainant has not established on a balance of probabilities that the officers’ second interaction with him was ‘based on’ his race or colour.”