Transgenders sue police for ‘assault’

Transgenders sue police for ‘assault’

TORONTO – Two transgenders have filed a civil action suing the Toronto Police Services Board, a police officer and a donut shop for “assault and battery” and “breach of their Charter rights”.

The two complainants are Lorraine Tagalog, a board member of Silayan Community Centre, and Adel Abdulrahim, both of whom are residents of Toronto.

Their Statement of Claim was filed with the Ontario Superior Court of Justice at 393 University Ave. in Toronto.

In a press conference held on Thursday, Sept. 29 at 519 Community Centre on Church St. the two, with lawyer Christopher M. Reid, related an incident that happened in the wee hours of March 24, 2005.
At about 4:00 a.m. on that day, Tagalog and Abdulrahim entered the Baker’s Dozen Donut shop on Wellesley St. and Sherbourne St. Both of them were dressed as women at that time.

After about ten minutes on their table drinking their coffee, the two saw three plainclothes men entered the donut shop. One of the men they later identified as Constable Michael Case of 51 Division immediately approached them, identified himself as a police officer and ordered them to leave the premises. They were told that if they did not leave immediately, they would be arrested.

When the transgenders asked why they were being thrown out of the donut shot, they were told “I don’t like people like you.”

According to Abdulrahim, they got up to leave since they didn’t want to risk arrest. But when Abdulrahim attempted to buy donuts “to go,” Case allegedly grabbed money from the counter and shoved it back into Abdulrahim’s hand. Case reportedly ordered the clerk not to serve Abdulrahim.
According to the Statement of Claim and as narrated by the complainants in the press conference, Case violently pushed Abdulrahim out of the door of the shop into the icy pavement. They also claimed while this was happening, the two other plainclothes men were laughing at the two complainants.

Abdulrahim immediately called 911 to report the incident but the person on the other end, after hearing the story said it was not an emergency and spoke with the officers.

On March 30, Abdulrahim was again thrown out of the same donut shop by Case and was told he would be arrested if he did not leave immediatley. In this instance, Case claimed the shop owner requested him to evict Abdhulrahim.

In the Statement of Claim filed with the court, the complainants said that they were “aggresively evicted and threatened with arrest… because they were transgendered. They further claim that the Defendants acted with malice and deliberately violated their right to equal protection and equal benefit of the law without discrimination, contrary to section 15 of the Canadian Charter of Rights and Freedoms, and that such violation is not demonstrably justifiable in a free and democratic society.”
Tagalog and Abdulrahim filed complaints with the Ontario Human Rights Commission and the Toronto Police Services Board and asked for a thorough investigation of the two incidents involving the three officers. They said their complaint was assigned to a detective constable, Doug Cossar, of 51 Division.

The complainants said the Police Services Board “failed to properly investigate their complaint” and instead “were treated by the investigating officer as if they were guilty of having committed an offense.”
Tagalog, described in the court statement as “consider(ing) herself female and lives full time as a woman,” said it was the third “incident of harassment” she personally experienced with the police.
Tagalog, who used to be a human rights activist in the Philippines, said: “This is Canada and we are known throughout the world as a country that protects human rights, not only for the majority but for the minorities as well and regardless of their religion, political belief, status, lifestyle, sexual orientation, gender and gender preference.”

The complainants are claiming for the following: (a) Damages for assault and battery, $200,000; (b) Damages for breach of their Charter rights, $300,000; (c) Punitive and exemplary damages, $500,000; (d) Costs on a solicitor and client basis; and (e) Further and other relief as the court may deem just.
According to lawyer Reid, his two clients are calling on other transgender individuals with similar experience of police harassment to come forward.