A North Bay Transit bus driver refused service to the Nakogee family. Paula and her sons Kendall and Austin Nakogee alleged the denial of service was discriminatory because they were the only visibly Indigenous individuals amongst the crowd waiting to board the bus and were the only ones denied entry.

The HRLSC represented the Nakogee family before the Human Rights Tribunal of Ontario [HRTO]. In Nakogee v. The Corporation of the City of North Bay o/a North Bay Transit, 2024 HRTO 1838, the HRTO upheld their applications, finding that the facts supported an inference that the applicants’ race, colour, ancestry, place of origin and ethnic origin were factors in the bus driver’s decision to deny them service. The HRTO also found that North Bay Transit did not properly investigate the applicants’ complaints about the denial of services, which was an additional violation of the Human Rights Code.

The HRTO awarded $15,000 in general damages to each of the three applicants, for a total of $45,000. To address the respondent’s failure to address the applicants’ complaints, the HRTO ordered the respondent to develop a procedure for handling and investigating customer complaints, as well as retaining an expert to provide training to all staff on racial discrimination, racial profiling and Indigenous cultural competence.