Legal groups throughout Ontario are demanding an independent inquiry into claims that officers from the Durham Regional Police brutally assaulted a criminal defence lawyer while she was at the Oshawa courthouse last week. Some members have expressed fears about their own safety.
At least six legal organizations – including the Criminal Lawyers’ Association, Canadian Muslim Lawyers Association, Jamaican Canadian Bar Association, Federation of Ontario Law Associations, Canadian Association of Black Lawyers, and the South Asian Bar Association of Toronto – issued statements this week urging for independent or neutral investigations into these allegations.
Some of these organizations believe that the Durham Regional Police Service cannot be unbiased when investigating its own officers. All of them suggest that the alleged assault against Sudine Riley, a Black lawyer who wears a headscarf, stemmed from racial prejudice.
Theresa Donkor, director of advocacy for the Canadian Association of Black Lawyers, shared with Law Times on Wednesday that members have contacted her to voice concerns about their safety not only at the Oshawa courthouse but in courthouses overall.
“If this can happen to one person, especially a lawyer, it can happen to anybody,” Donkor says. She adds that this incident sends “a chilling message to Black lawyers, Black defendants, Black victims about who belongs and who is protected within our legal institutions.”
Cassandra De Melo, president of Women In Canadian Criminal Defence (Wi CCD), noted that many members have approached the organization expressing feelings of insecurity.
“As a general whole, our group is concerned about what happened to Sudine and we’re worried about her well-being and safety after this,” De Melo states. “But I can tell you that dozens of members… are worried for their own safety, particularly our racialized members.”
The news regarding the alleged assault came out this week when Riley’s lawyer released a statement saying that on January 23rd Riley was working in an interview room at the Oshawa courthouse when uniformed officers entered to “challenge her presence.”
According to Neha Chugh from Chugh Law representing Riley, those officers slammed Riley’s head onto a desk, pushed their knees into her back and neck before dragging her out. The officers then reportedly handcuffed Riley and took her down to cells in the courthouse basement.
Chugh also claimed that during this alleged assault they tore off Riley’s headscarf and raised her skirt. She mentioned that Riley had injuries including bleeding from her head and swollen eyes due to being slammed against the desk.
De Melo explained Wi CCD informed Justice Lara Crawford-who oversees local administration for Ontario Court of Justice in Oshawa-about the incident on Sunday after receiving support requests from Riley. Since she is part of Wi CCD as well. The letter also reached other justices overseeing areas around Oshawa.
The letter urged courts to implement protocols aimed at ensuring member safety and security.
De Melo mentioned they received replies from Crawford along with counsel for other judges indicating concern over what happened and confirming an ongoing investigation. However, De Melo believes not enough has been done by the court to ease Wi CCD members’ safety worries.
“We don’t even know what status those involved officers currently hold,” De Melo remarks. “Or who’s leading the investigation or how it’s unfolding. We don’t really know any specifics.”
A spokesperson for Ontario Court of Justice told Law Times Wednesday evening that Durham Regional Police Service has begun investigating this situation but couldn’t comment further while it remains under police review.
<p"However," said the spokesperson "I can assure you that ensuring everyone’s safety within courthouses across Ontario is incredibly important."
The Durham Regional Police Service did not answer multiple inquiries made by Law Times on Wednesday regarding whether an independent body would handle this investigation.
Karen Seeley-the chair for criminal law as well as northwest representative at Federation of Ontario Law Associations-believes it’s inappropriate for police services to investigate their own staff in cases like these. An unbiased inquiry is essential so they can ensure “that all individuals entering courthouses-not just licensees-are safe and their Charter rights are upheld,” Seeley states.
“If there’s systemic or cultural issues present either in Oshawa or elsewhere-we want them addressed,” Seeley adds.
Both Donkor and De Melo echoed similar thoughts.
“This is a defence lawyer doing her job,” De Melo points out regarding Riley’s situation. “Why should she be interfered with in any form by police? Why is she being forced out from where she’s entitled to work? What kind of message does this send us as defence lawyers about our standing within justice if we risk being attacked by those meant to protect us?”
Chugh chose not comment further on this issue.
Edit Note: This article has been updated with comments provided by an Ontario Court spokesperson.
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