Mother Challenges Force Used Against Disabled Son

A confrontation between York Region Transit fare inspectors and a Newmarket man with disabilities has prompted allegations of excessive force and racial profiling, while advocacy groups call for greater independent oversight of transit enforcement.

The 21-year-old man’s mother says the incident occurred July 30 after her son travelled by GO Transit from Union Station to Newmarket and transferred to a York Region Transit bus.

According to his mother, he had tapped his Presto card at Union Station and again during his GO transfer but forgot to tap before boarding the regional bus. She said he realized his mistake only after the bus began moving and believed it was an honest error.

When he got off, three fare inspectors asked him for proof of payment. His mother said her son, who has verbal comprehension and auditory processing disabilities, interpreted the question as asking whether he had paid.

“He said yes and tried to walk away,” she said, adding that interactions with authority figures can cause him to withdraw.

The mother alleges an inspector shouted at him before he stopped, removed an earbud and put down his bag. She says two other inspectors then approached, with one allegedly attempting to grab his arm. She alleges her son was subsequently handcuffed, taken to the ground and had his bag searched, leaving him with scrapes and bruises.

She said the restraints prevented him from using his phone to demonstrate that he had tapped his Presto card earlier in the journey. She also believes the initial tap may have fallen within Ontario’s One Fare transfer period.

The incident has drawn the attention of the Canadian Civil Liberties Association, which is supporting the family and questioning whether transit special constables have adequate independent oversight.

“Transit special constables exercise significant powers in public spaces,” said Harini Sivalingam, the CCLA’s director of equality programs.

York Region said the allegations are being investigated and that its transit special constables are subject to investigation by York Regional Police’s professional standards bureau. “We take these allegations seriously,” said Richard Montoya, York Region’s director of transit operations.

York Regional Police confirmed it is aware of the incident and investigating.

The man received two tickets, according to his mother, for allegedly failing to pay a fare and failing to provide identification.

The family has requested an independent review through a letter sent to York Region by The Red Coalition, which advocates against racial profiling.

Alain Babineau, the coalition’s director of racial profiling and public safety, said the case raises concerns about both race and disability.

“Racial profiling is alive and well across Canada,” Babineau said. “In this case, I think it’s an intersectionality of both race and disability.”

The CCLA is calling for a province wide independent civilian body to oversee transit enforcement.

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  Newmarket