Currie v. Bear River First Nation

Currie v. Bear River First Nation

On the balance of probabilities the Tribunal found a prima facie case proven and no bona fide justification offered: the PPN issued was overly broad and disproportionate to Currie’s conduct, race was a factor (including unconscious bias and racial stereotyping), the PPN’s administration on April 8, 2020 involved discriminatory overreaction (urgent police call, detention), and Bear River First Nation retaliated by failing to protect Currie from his neighbour and by withdrawing support for his attendance at the community moose hunt. Remedies ordered include cessation of discrimination, removal of obstacles to access Band public buildings, monetary compensation ($15,000 pain and suffering...

Citation
2024 CHRT 82
Parties
Complainant: Matthew Currie; Commission: Canadian Human Rights Commission; Respondent: Bear River First Nation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
14 May 2024
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Decision on Merits Following Hearing
Outcome
Complaint substantiated in part
Legal Topics
Race Discrimination, Retaliation (s.14.1 Chra), Services to the Public (s.5 Chra), Protection of Property Notice (ppn), Remedies Under S.53 CHRA, Unconscious Bias/anti‑black Racism
Source Language
English
Human Rights Law Administrative Law Indigenous Law Race Discrimination Retaliation (s.14.1 Chra) Services to the Public (s.5 Chra) Protection of Property Notice (ppn) Remedies Under S.53 CHRA +1 more

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Parties

Matthew Currie

Complainant

Canadian Human Rights Commission

Commission

Bear River First Nation

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Decision on Merits Following Hearing

Legal Issues

  1. 1 Whether Bear River First Nation discriminated against Matthew Currie on the basis of race in issuing a Protection of Property Notice (PPN)
  2. 2 Whether Bear River First Nation discriminated against Currie in administering the PPN (April 8, 2020 incident)
  3. 3 Whether Bear River First Nation retaliated against Currie for filing a complaint with the Commission by delaying/denying social assistance

Ratio Decidendi

On the balance of probabilities the Tribunal found a prima facie case proven and no bona fide justification offered: the PPN issued was overly broad and disproportionate to Currie’s conduct, race was a factor (including unconscious bias and racial stereotyping), the PPN’s administration on April 8, 2020 involved discriminatory overreaction (urgent police call, detention), and Bear River First Nation retaliated by failing to protect Currie from his neighbour and by withdrawing support for his attendance at the community moose hunt. Remedies ordered include cessation of discrimination, removal of obstacles to access Band public buildings, monetary compensation ($15,000 pain and suffering...

Court Disposition

Complaint substantiated in part

Orders

  • Declare that Bear River First Nation discriminated against Matthew Currie on the prohibited ground of race in the provision of services through imposition and administration of the PPN (s.5 CHRA)
  • Declare that Bear River First Nation retaliated against Currie by refusing to support his attendance at the September 2020 community moose hunt (s.14.1 CHRA)