By Peter Moore
The Ottawa Police Services Board (OPSB) discriminated against people who wanted to present information critical of the Ottawa police at its meetings, according to a small claims court ruling issued on October 30, 2025. One of the plaintiffs, Robin Browne of 613-819 Black Hub, documented discrimination at the OPSB as far back as 2022.
“The evidence showed a pattern and/or selectiveness in the behavior of the OPSB towards the Plaintiffs that differed from their behavior towards ‘higher powered’ or ‘less scrutinizing’ delegations,” ruled Deputy Judge Notturno.
While the police board can set its own rules, Judge Notturno ruled that “it is the discretionary way in which delegations are allowed or refused that is improper. The arbitrary exercise of authority infringed on the Plaintiff’s Charter rights.”
“We value open dialogue and a diversity of viewpoints, and we continue to work to ensure any delegations are heard in a safe, respectful, and inclusive environment.” – Marty Carr, Vice Chair of the OPSB
The case confirmed that Charter rights apply to how government bodies such as the OPSB conduct themselves, according to Yavar Hameed, the plaintiff’s lawyer. “We won that debate,” he said. “It was really about bad faith and arbitrary exercise of discretion.”
Hameed said that the ruling “is a reminder to the board that this public function is really important. They need to do more to earn that public trust.”
Browne said the decision is important, but “it’s not a complete win.” He said he repeatedly tried to present important information to the board about the disproportionate use of force being used by Ottawa police against Black and racialized Ottawans. “I’m the only Black person who raises concerns about anti-Black racism,” he said, noting that he kept facing new or tighter procedural barriers to sharing his research and concerns. The Ottawa councillors who sit on the board “would never dream of implementing those restrictions on any of the other [city] committees they sit on,” he said.
“This is serious information that they’re preventing themselves from hearing and preventing the public from hearing,” he said. “Black people need all the information they can get to protect themselves from the police.” He said he hopes this ruling will help him with a parallel human rights complaint against the board with the Ontario Human Rights Commission for discrimination on the basis of race.
Marty Carr, vice chair of the OPSB and Councillor for Ward 18 Alta Vista, testified in the trial on behalf of the police board. She confirmed the Board did not plan to appeal the ruling. She did not say whether the Board planned to change its procedures to ensure Ottawans could present to the board members or how much the trial cost the board in legal costs.
The court awarded its claimants damages in order to deter future violations of Charter rights and compensate the plaintiffs. Robin Browne of 613-819 Black Hub was awarded $1,750 and $750 to Jeffrey Bradley of the Crime and Punishment Education Project, composed of criminology students and professors at Carleton University and the University of Ottawa. Both said they plan to put the money back into their organizations and to continue their advocacy work to ensure police accountability in Ottawa. To date, neither have received the money awarded them.
“It’s not much, but it wasn’t about the money, it was about the principle of it,” said Jeffrey Bradley, who teaches criminology at the University of Ottawa and was one of the plaintiffs on behalf of the Criminalization and Punishment Education Project. “We do hope they’ll look at this decision, change the by-law and be open to public input.”
Bradley said the language governing Ontario’s Police Services Boards “is written so broadly that it’s not clear what they can do” particularly with substantive supervision of the police. “These boards are very symbolic. They weren’t prepared for the public demands to change policing.”
Carr said the police board respects human rights.
“We remain focused on maintaining fair and transparent procedures that ensure community voices can be heard respectfully within our established framework,” said Carr in an email to The Leveller. “We value open dialogue and a diversity of viewpoints, and we continue to work to ensure any delegations are heard in a safe, respectful, and inclusive environment.”
“It is the discretionary way in which delegations are allowed or refused that is improper.” – Judge Notturno, ruling on the case.
Carr pointed to the equity, diversity and inclusion section of the board’s strategic plan for 2024-2027, which lists as its objectives improved diversity within police ranks, “improved equity of treatment by OPS… especially pertaining to racialized persons”, and “improved proportionality of discretionary traffic stops and use of force with Black, Indigenous, Middle Eastern and other racialized persons.”
Browne is skeptical, saying that the board had no goal before the ruling and the timeline is too long for such an urgent issue. “Every one of the families affected by police use of force potentially went through a life changing experience,” he said. “These boards are completely pro-police. Marty Carr sounds like she works for the police [public relations] department,” said Browne.
“They’re protecting the police’s interest. They’re not even protecting the public interest.”
