Canadian Human Rights Tribunal

The Complainant, Matthew Currie, is a member of the Bear River First Nation and is of both Mi’kmaq and African-Canadian descent.

The Respondent, Bear River First Nation, issued a Protection of Property Notice (PPN) under Nova Scotia law. This PPN bans Mr. Currie from entering, or attending activities in, the Band Office, Cultural Centre, Education Centre and Gas Bar in Bear River First Nation. Mr. Currie complained that, in this process of issuing and enforcing the PPN, Bear River First Nation discriminated against him on the basis of his race. He also says that Bear River First Nation retaliated against him for having filed a complaint with the Canadian Human Rights Commission when it delayed and denied his request for social assistance, failed to protect him from the violent actions of his neighbour and excluded him from a community moose hunt.

Bear River First Nation says that, based on a series of interactions where Bear River First Nation staff reported that Mr. Currie was rude, angry, inappropriate, intimidating and mean towards band employees and a councillor, it was necessary to issue the PPN and keep it in force to protect staff and maintain a safe work environment.

The Tribunal concluded from the evidence that Mr. Currie, while rude and angry at times, was never violent or threatening and never presented a threat to the safety of staff or other community members. It found that unconscious bias and racial stereotypes came into play when Mr. Currie expressed his frustration, and it came across as threatening and dangerous, even if Mr. Currie made no threats or acts of violence and had no history of such acts. This led the Tribunal to infer that discrimination was a factor in Bear River First Nation’s treatment of Mr. Currie.

The Tribunal found the complaint substantiated in part. It concluded that Bear River First Nation discriminated against Mr. Currie based on his race when it issued an unnecessarily broad PPN preventing him from entering and attending activities in most public buildings in the community. The Tribunal also concluded that Bear River First Nation retaliated against Mr. Currie for filing his complaint when it failed to protect him and his family from the violent actions of their neighbour and when it excluded Mr. Currie from a community moose hunt.