Vancouver police board ordered to pay $25,000 over racial discrimination in 2020 traffic stop
B.C. Human Rights Tribunal found race was a factor in how officers treated Safiya Elshazly during a December 2020 arrest.
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The Vancouver police board must pay $25,000 to Safiya Elshazly after a B.C. Human Rights Tribunal found that race was a factor in her treatment during a traffic stop on December 1, 2020.
Elshazly was a passenger in a vehicle pulled over shortly before midnight after police noticed an extra occupant — an offence under the Motor Vehicle Act. When Const. Cheng asked for identification, Elshazly said she had none on her but repeatedly offered to provide her name, date of birth and address for database verification. The encounter escalated over 40 seconds. Cheng accused Elshazly of obstruction and placed her under arrest, handcuffing her with her arms behind her back.
Const. Bokenfohr then told Elshazly "You are one drunk lady" and instructed her not to "run off." The handcuffs were removed after another passenger offered to retrieve her identification from a phone. Cheng issued Elshazly a ticket for failing to wear a seatbelt — a charge she later successfully challenged in provincial court.
Tribunal member Laila Said found that Elshazly's repeated offers to provide the information officers typically request when someone lacks physical ID were ignored. Said described Bokenfohr's comments about intoxication and running away as "unnecessary" and "provocative," made "offhandedly with a veneer of denigration and without any measure of true concern." Elshazly testified she does not drink alcohol for religious reasons and found being called drunk "extremely offensive."
The police board's lawyer argued the arrest resulted from Elshazly's behaviour, not her race. Cheng described her as rude and belligerent in his report and accused her of making racist comments about his ethnicity. During cross-examination, however, both officers acknowledged that Elshazly's behaviour was not overly aggressive.
Said rejected the characterization that Elshazly was aggressive, finding instead that she was subjected to heightened scrutiny based on race.
How many other racial discrimination complaints against Vancouver police have the tribunal upheld in the past five years?
What changes has the Vancouver Police Department made to training or procedures since this 2020 incident?
We'll update this story as answers emerge.
The facts
How much must the Vancouver police board pay in this case?
$25,000 to Safiya Elshazly, ordered by the B.C. Human Rights Tribunal.
Why did the tribunal find the arrest was discriminatory?
Tribunal member Laila Said found that Elshazly's repeated offers to provide information officers typically request were ignored, and that she was subjected to heightened scrutiny based on race rather than aggressive behaviour. Said described Const. Bokenfohr's comments about intoxication and running away as unnecessary, provocative, and made with denigration.
What was the outcome of the seatbelt charge against Elshazly?
Safiya Elshazly successfully challenged the failing-to-wear-a-seatbelt ticket in provincial court.
