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BACKGROUND
[3] The applicant self-identifies as a Filipino man, brown in colour and was 51 years of age at the relevant time.
[4] A summary of events as set out in the police synopsis appended to the Application is as follows. The applicant was a client at a massage parlour where a woman K. was employed. The applicant and K. had met several times for consensual sex.
[5] On the evening of Sunday, August 7, 2011, the applicant picked K. up at her place of work, and they drove and parked in a parking lot. At this time, they began kissing and K. willingly performed oral sex on the applicant. K. then took off her dress and laid down in the back seat of the applicant’s car. The applicant asked if he could have sexual intercourse with K. and she said yes. K. says that she then decided that she did not want the applicant to ejaculate inside her, so she told him to stop. The applicant continued and K. says that she told him again to stop and tried to push him away. K. says that the applicant then ejaculated inside her.
[6] K. says that she then told the applicant to take her to a pharmacy to get the morning after pill. The applicant drove to a pharmacy, and K. says that she told him to go get her the pill. The applicant refused and K. would not get out of his vehicle. The applicant then drove to the police station for 52 Division and asked the police to help him, as K. would not get out of his vehicle. The applicant states that K. refused to leave his vehicle unless the applicant would give her $500 for an abortion. The applicant states that this was extortion, and says that he explained this to the police officers.
[7] The applicant states that when he initially stopped the police officers at 52 Division, they spoke to him first and then went to speak to K. separately. After the police officers spoke to K., the applicant states that he was put in handcuffs and transferred to another police station at 41 Division. The applicant states that he tried to give his statement to the police, but they refused to take his statement until 6:00 a.m. the following morning. The police synopsis indicates that K. was taken to a hospital to have a sexual assault kit administered, and then attended at 41 Division and provided a video statement. The applicant was interviewed after K. had given her statement.
The primary basis for applicant’s allegation of discrimination as set out in the Application is that he was not believed or taken seriously by the police because he was an older man of Filipino descent and brown in colour. In contrast, it is stated that K. is a young White woman who was not charged but was allowed to lay charges against the applicant. The applicant states that the police officers refused to listen to his side of the story, handcuffed him, detained him, strip searched him the following morning, and sent him to court. He alleges that they made up their minds without getting his side of the story, despite the fact that he had no previous criminal record and despite the fact that he was the original complainant who went to the police station to seek help. The applicant alleges that the police based their analysis of the case on his looks – his age, gender and ethnicity. He states that when he was finally interviewed, the police had already made up their minds that he would be charged and brought to court.
[3] The applicant self-identifies as a Filipino man, brown in colour and was 51 years of age at the relevant time.
[4] A summary of events as set out in the police synopsis appended to the Application is as follows. The applicant was a client at a massage parlour where a woman K. was employed. The applicant and K. had met several times for consensual sex.
[5] On the evening of Sunday, August 7, 2011, the applicant picked K. up at her place of work, and they drove and parked in a parking lot. At this time, they began kissing and K. willingly performed oral sex on the applicant. K. then took off her dress and laid down in the back seat of the applicant’s car. The applicant asked if he could have sexual intercourse with K. and she said yes. K. says that she then decided that she did not want the applicant to ejaculate inside her, so she told him to stop. The applicant continued and K. says that she told him again to stop and tried to push him away. K. says that the applicant then ejaculated inside her.
[6] K. says that she then told the applicant to take her to a pharmacy to get the morning after pill. The applicant drove to a pharmacy, and K. says that she told him to go get her the pill. The applicant refused and K. would not get out of his vehicle. The applicant then drove to the police station for 52 Division and asked the police to help him, as K. would not get out of his vehicle. The applicant states that K. refused to leave his vehicle unless the applicant would give her $500 for an abortion. The applicant states that this was extortion, and says that he explained this to the police officers.
[7] The applicant states that when he initially stopped the police officers at 52 Division, they spoke to him first and then went to speak to K. separately. After the police officers spoke to K., the applicant states that he was put in handcuffs and transferred to another police station at 41 Division. The applicant states that he tried to give his statement to the police, but they refused to take his statement until 6:00 a.m. the following morning. The police synopsis indicates that K. was taken to a hospital to have a sexual assault kit administered, and then attended at 41 Division and provided a video statement. The applicant was interviewed after K. had given her statement.
The primary basis for applicant’s allegation of discrimination as set out in the Application is that he was not believed or taken seriously by the police because he was an older man of Filipino descent and brown in colour. In contrast, it is stated that K. is a young White woman who was not charged but was allowed to lay charges against the applicant. The applicant states that the police officers refused to listen to his side of the story, handcuffed him, detained him, strip searched him the following morning, and sent him to court. He alleges that they made up their minds without getting his side of the story, despite the fact that he had no previous criminal record and despite the fact that he was the original complainant who went to the police station to seek help. The applicant alleges that the police based their analysis of the case on his looks – his age, gender and ethnicity. He states that when he was finally interviewed, the police had already made up their minds that he would be charged and brought to court.
