Quebec Superior Court quashes police appeal

Montreal Police is mum on whether or not it will appeal a decision by Quebec Superior Court that found two officers guilty of making discriminatory remarks against a black woman and her friends when responding to an erroneous telephone call about a burglary at her Dollard des Ormeaux residence in 2004.

"We have 30 days to decide. Our lawyers are going to look at the dossier, and we will make our decision within 30 days," said media relations officer Yannick Ouimet.

This would mark just the latest in a series of court decisions, appeals and counter-appeals launched by all parties involved in a highly publicized affair over the last five years.

One morning in November 2004, a young neighbour of Raeburn's mistook her and two other black friends for robbers wearing "black things" on their faces as the three emptied her backyard cabana and stored boxes in the garage for the winter.

The neighbour called police, and six officers showed up. Though Raeburn managed to clear up the mistaken identity snafu, two of the cops in question let out some controversial remarks.

"Bullets don't see colour," Roger Carbonneau said to Raeburn after she asked him whether police would have come in with brandished guns if the suspects described to them over the telephone had been white.

Meanwhile, officer Isabelle Nault told off one of Raeburn's friends, Frederick Peters, when he was surprised by her in the backyard of the home and said he had never treated anyone so shabbily as a police officer himself in his native Grenada. "If you don't like it here, why are you here? Why don't you move back to your country?" Nault asked him.

In 2007, the police ethics committee found Nault and Carbonneau at fault, suspending the former for three days without pay, and the latter a single one.

However, Montreal police appealed that decision to the Quebec Court, which ruled in their favour in October 2008, stating the sentences imposed on both officers were too severe.

With the help of the Centre for Research on Race Relations (CRARR), a Montreal-based minority advocacy group, Raeburn appealed that decision to the Quebec Superior Court, which agreed with the plaintiffs ten days ago.

"I'm very happy with the decision, but who knows? They've got a month to appeal. We might be at this for another five years," Raeburn said when reached for comment.

CRARR executive director Fo Niemi said this marks a victory for Raeburn and her three friends, but all is not settled yet. "It makes her determined to go as far as possible toward the end," he said.

In a separate decision last summer, the Quebec Human Rights Commission had urged Montreal to pay Raeburn, Peters and the third person involved in the ordeal, Peter Charles, $20,000 each for moral damages.

However, Montreal refused to meet a deadline for that payment, and will appeal that decision to the Quebec Human Rights Tribunal.

Niemi said the Quebec Superior Court's decision would be of assistance to Raeburn. "It will certainly help her address more effectively the case that is still before the Human Rights Tribunal," he said.

The City of Montreal has deferred all media commentary regarding the Raeburn affair to Montreal police.

A hearing at the tribunal is set for the first week of June.