HRLSC wins discrimination case against North Bay Transit after Indigenous family denied boarding by bus driver

Nakogee v. The Corporation of the City of North Bay o/a North Bay Transit, 2024 HRTO 1838

NORTH BAY ONT., January 7, 2025 – The Human Rights Tribunal of Ontario has ruled that North Bay Transit must pay $45,000 in damages, make policy changes, and train staff, after a driver refused to let a family onto a bus because they were Indigenous.

Image of closed door to bus. Paula Nakogee and her adult sons Kendall and Austin Nakogee filed a human rights application against North Bay Transit authority and the city in 2018, after a driver prevented them from boarding a bus, despite the fact that they were holding valid bus passes.

Paula Nakogee and her adult sons Kendall and Austin Nakogee filed a human rights application against the city and transit authority in 2018, after a driver prevented them from boarding a bus, despite the fact that they were holding valid bus passes. The applicants were carrying heavy packages, including groceries and a set of 100 lb. exercise weights, when they attempted to board the Ski Club Route bus outside the Northgate Shopping Centre. The Nakogees were the only Indigenous people waiting for the bus, along with 15 to 20 other passengers described as Caucasian and east Indian. No one else was refused service, and the driver did not suggest an alternative route or provide any explanation as to why he was not allowing the three of them to board. 

“This was a long and challenging journey, but this decision ultimately brought a deep sense of pride and accomplishment,” says Paula Nakogee. “I hope it paves the way for meaningful and lasting changes in the transit system and beyond.” 

The applicants were represented by the Human Rights Legal Support Centre, which provides free legal and support services to Ontarians facing discrimination contrary to Ontario’s Human Rights Code.  

“We are pleased with the tribunal’s order and meaningful remedy to the Indigenous community, ” says Jamie McGinnis, representing counsel and Manager of Legal Services and Sr. Legal Counsel for HRLSC’s Indigenous Services Outreach Committee. “This decision highlights the pervasive and subtle acts of racism that are far too common in our society, and that no one should be subject to, especially when accessing a public service.”   

In her decision, HRTO Vice-Chair Karen Mason wrote: “I am persuaded that the transit operator’s behaviour was, at least in part, due to the applicants’ protected grounds (race, colour, ancestry, place of origin and ethnic origin). The applicants have shown that they were treated in a disrespectful manner that was markedly different from the treatment shown to the other passengers. The applicants had a valid bus pass and there was no evidence that they were in violation of any of the respondent’s rules for the use of the transit service.” 

The transit driver in question had 22 documents citing disciplinary issues going back to at least 2010 mentioned in this Tribunal decision, with six instances of preventing access to riders or requesting that they exit the bus. The HRTO application was filed following an initial complaint and investigation into the incident by North Bay Transit, where the investigation process and results were not documented or shared with the applicants. When asked about their requirement to adhere to the Human Rights Code, the transit supervisor noted that they did not receive specific training on racial discrimination or profiling. The supervisor and a manager at North Bay Transit also noted that there was no formal training provided for investigation procedures or techniques for complaints.

In considering its decision, the HRTO noted the unavoidable negative impact that this discrimination had upon the applicants’ everyday lives. The family did not have a vehicle and relied on public transportation. The HRTO noted that there is no direct competitor to a municipal transit service, meaning there are no other similar options if they receive adverse treatment. Following the incident, the applicants felt uncomfortable taking transit, particularly this route, which they frequented to get home. They paid for taxis, which was a significant financial strain, or walked long distances, often in inclement weather.

The HRTO ordered the City of North Bay to:

  • Pay each applicant $15,000 in compensation for injury to dignity, feelings and self-respect;
  • Create policy and procedure directions for customer complaint investigation practices;
  • Training for all staff, developed by an expert, on racial discrimination, racial profiling, and Indigenous cultural sensitivity.

Contact: media@hrlsc.on.ca

ABOUT THE HRLSC: The Human Rights Legal Support Centre is an independent, board-governed agency funded by the Government of Ontario. The HRLSC provides free legal advice and support services to anyone who has faced discrimination or harassment contrary to Ontario’s Human Rights Code. Our legal services include assistance for filing applications at the Human Rights Tribunal of Ontario (HRTO), and representation at mediations and hearings. The HRLSC was established in 2008 as one of the ‘three pillars’ in Ontario’s human rights system, the other two being the HRTO and the Ontario Human Rights Commission.