Human rights tribunal erred in dismissing ex-MP's discrimination complaint against Hamilton police, judges say

Nearly a decade after Matthew Green says he was racially profiled by a Hamilton police officer, he’s still waiting for the Human Rights Tribunal of Ontario (HRTO) to properly consider his complaint.

A police hearing cleared Const. Andrew Pfeifer of wrongdoing in 2018. Based on that decision, the HRTO dismissed Green’s application in 2024 and then refused to reconsider it earlier this year. 

But this month, Green, a former New Democrat MP, secured a victory with the Ontario Court of Justice. 

A panel of three judges reviewed how the HRTO had handled his case and unanimously determined adjudicator Joseph Tascona — a labour lawyer and former Progressive Conservative MPP — had twice failed to “meaningfully grapple” with Green’s arguments and made “unreasonable” decisions. 

On Nov. 7, the court sent Green’s application back to the HRTO, ordering that it be heard by a different adjudicator. 

Green told CBC Hamilton he doesn’t know how long that will take, but it’s “abundantly clear” that it remains incredibly difficult for members of the public to seek justice when it comes to police. 

“Justice delayed is justice denied,” Green said. “I had to go all the way to a judicial review to simply have the merits of my case heard in a fair and impartial setting.” 

Green was Hamilton’s first Black city councillor when he was waiting for a bus in the lower city on a rainy, cold April afternoon in 2016. Underdressed for the weather, he said ,he stood under a nearby bridge, checking emails on his phone. 

Two police cars pulled up and Pfeifer began asking Green questions about who he was and what he was doing. According to Green, he was “psychologically detained" before the interaction ended several minutes later.

"The conversation felt confrontational," Green told CBC’s Metro Morning in the days following what he described as a carding incident. 

"I was made to justify my existence in my own community."

Shortly after, he filed complaints with both the Office of the Independent Police Review Director (OIPRD) and the HRTO. The OIPRD investigated, substantiated the complaint and a Police Services Act disciplinary hearing took place to decide if the police officer did commit an “arbitrary or unjustified street check.” 

At the hearing, Pfeifer said he stopped to talk to Green because he was concerned about his well-being and thought he might be experiencing some kind of mental health distress. The officer described Green as standing in mud, “hiding” near a bridge, and acting aggressive and hostile.  

Hearing officer Terence Kelly, retired deputy chief with York Regional Police, ruled in Pfeifer’s favour, deciding he wasn’t guilty of discreditable conduct.