Black girl, 6, to receive $35K in damages after being handcuffed by Peel police at school

A six-year-old Black girl will receive $35,000 in damages from Peel police after the Human Rights Tribunal ruled officers used “racially discriminatory force” when they handcuffed her in school.

Damages for psychological and trauma counselling were included for the actions by the two officers which the Tribunal ruled represented a “very serious breach” of the child’s human rights.

The incident occurred over four years ago on Sept. 30, 2016 when two Peel police officers were called to the child’s school in Mississauga.

After attempting several times to de-escalate the situation, the decision was made by the two white officers to handcuff the six-year-old, first at the ankles and then the wrists.

Police told CityNews at the time, they handcuffed the child because they feared for her safety. The tribunal found both officers held the girl in that position for 28 minutes. It had been the fourth time police had been called to the school for assistance with the child.

In her ruling last year that race was a factor in the incident, Tribunal adjudicator Brenda Bowlby said the two officers overreacted.

“Their overreaction can only be explained by the inference that because of implicit stereotypical associations that arose because of the applicant’s race, they saw her, as a black child, being more of a threat, being bigger, stronger and older than she was and, consequently, of being more in need of control than they would have seen a white child in the same circumstances,” Bowlby wrote in her decision released on Feb. 24, 2020.

No criminal charges were laid in the incident against the officers.

Peel police said the officers, Const. Nick Eckley and Const. Slav Kosaver, were investigated by the Office of the Independent Police Review Director, which concluded that there were no reasonable grounds to believe that the officers failed to treat the young person equally without discrimination because of her race.

When determining the damages, Bowlby said the actions of the officers were “shocking” and “punitive” and led the child to become fearful of police. She also suffered teasing, withdrew from her friends and felt humiliation, shame and guilt about the incident.

“The applicant has suffered implicit harm in experiencing anti-Black racism at a very tender age,” added Bowlby. “[T]hat the applicant would experience anti-Black racism at such a young age is alarming: it is clear that, because of this incident, she became aware that as a Black person, she may be subject to different treatment than a white child.”

The family’s identity is protected by a publication ban, but the child’s mother, J.B., released a statement saying she was happy this “lengthy and difficult chapter is finally over.”

“I can now focus on what lies ahead, which is making my daughter whole,” she added. “This decision gives my community hope where we often feel there’s no recourse.”

J.B. also spoke with CityNews and said, “This incident was rather traumatic for my daughter, and she was forced and is forced to relive it every time someone mentions it.”

“She was experiencing a crisis and as such, she should have been handled with care, and as a six-year-old child who was in crisis, not criminalized and not victimized.”

“I do not feel it’s ever appropriate for police to be called in schools, especially in schools dealing with children under 12,” added J.B., who said she only found out police have previously been called by the school for her daughter during the tribunal hearings.

In the decision, it was noted Peel police had recently entered into a Memorandum of Understanding with the Ontario Human Rights Commision which includes a commitment to make changes in the way the police forces provides services to children under 12 and an agreement to address systemic racism in policing.

In a statement from Peel police to CityNews, Const. Sarah Patten confirmed officers have developed “specialized teams that include mental health experts.”

Peel police said that moving forward, the force and its surrounding officers will “continue to work closely with internal and external stakeholder groups to ensure a change is meaningful, timely and helps improve service delivery to those who need it.”

Her mother says the girl, now 10-years old, currently attends a different school.

CityNews reached out to the Peel District School Board, but they did not provide a comment.

With files from The Canadian Press