CBA calls for independent investigation into Oshawa courthouse incident

Canadian Bar Association President Bianca Kratt, K.C., is calling for an independent investigation into the alleged assault of a lawyer at the Oshawa courthouse.

In a statement, she said the CBA shares the concerns expressed by many groups about reports that criminal defence lawyer Sudine Riley was assaulted by police officers at the courthouse last Friday, January 23.

According to her lawyer, Neha Chugh, Riley had wrapped up a trial at the courthouse that afternoon and was working in an interview room when uniformed officers “challenged her presence” there.

Chugh said Riley’s head was slammed on the desk, and officers put their knees in her back and neck. She was forcibly removed from the room, handcuffed, and taken to the holding cells in the basement.

“She was spoken to with rage, disrespect, and contempt by officers,” Chugh said.

“Her head scarf was ripped off, her skirt was raised when she was handled by the officers, and her head was bleeding and her eye swollen from being slammed on the desk.”

The Durham Regional Police Service arrested and charged Riley under the Trespass to Property Act.

Chugh said Riley “committed no offence other than being a Black woman practising law.”

The police service is now investigating the incident. 

Kratt said courthouses are where Canadians of all backgrounds and communities come to seek justice and deal with difficult situations. 

“The baseline requirement for equitable access to justice is confidence that courts are safe places – for all lawyers, clients, judges, witnesses, court employees, observers, and everyone else,” she said. 

“This incident must be thoroughly, transparently, and independently investigated without delay.”

In a media release Thursday, Durham police said under Ontario’s Community Safety and Policing Act, police services must notify the Law Enforcement Complaints Agency within seven days of becoming aware of a misconduct allegation involving a member of the public. 

The force said Chief Peter Moreira has done this and requested that LECA “assume carriage of this matter.” 

Meanwhile, the officers involved have been reassigned from the courthouse pending the investigation.

Ontario’s police watchdog, the Special Investigations Unit, said Thursday that Durham police notified the unit of the incident earlier this week, but told the Canadian Press its mandate hasn’t been invoked "at this time."

The SIU said its jurisdiction is limited to incidents involving officers that result in serious injuries, death, allegations of sexual assault or an officer discharging their firearm at a person.

“The Durham police cannot be investigating themselves. It is a conflict of interest," says Theresa Donkor, a criminal defence lawyer and director of advocacy with the Canadian Association of Black Lawyers (CABL), which is among the groups calling for an investigation by an independent body.

"It raises concerns about the impartiality of the investigation. It’s very important in this instance that there is an independent investigation. And it’s disappointing that it hasn't been put in place yet.”

In a statement, the CABL urged judicial and court administration to reaffirm, through action, that anti-Black racism and gendered discrimination have no place in the province’s courthouses.

Donkor says she’s heard concerns about safety from colleagues, particularly Black and racialized lawyers, who work at the courthouse. 

“I do know the court is taking this seriously. They have acknowledged our concerns. I think it's just going to be a matter of time to see what meaningful action and systemic change is put into place.”