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Tribunal dismisses human rights complaint

Local man filed complaint following ticket for parking

The British Columbia Human Rights Tribunal has dismissed a discrimination complaint against the City of New Westminster as it has "no reasonable prospect" of success.

Daniel Kombo filed a complaint against the city alleging discrimination in the provision of services on the basis of colour and country of origin, which is contrary to the Human Rights Code. The city countered by asking that the case be dismissed.

According to a Nov. 5 report from the Human Rights Tribunal, Kombo returned to his car on Feb. 26, 2012, where he encountered a parking patrol officer.

He stated that the city employee told him "you black people, you don't understand the law, this is Canada."

The city stated that Kombo's car was parked at an expired parking meter, but the parking patrol officer gave him the option of inserting money into the meter and getting a warning.

The document states that the man didn't put money into the meter so the parking patrol officer proceeded to write a ticket.

The city stated that the man became "verbally abusive" and the parking officer reported the incident to the police because she felt threatened. While Kombo was arrested for uttering threats, no charges were laid.

"The city denies Mr. Kombo's colour or place of origin were factors in the events," stated the Nov. 5 report by B.C. Human Rights Tribunal.

The city filed an affidavit in which the parking patrol officer stated that when she tried to hand Kombo his ticket, he said, "I'll get you." When she replied, "Is that a threat?" he responded, "yes."

According to the Human Right Tribunal, a witness confirmed the conversation, which led to his arrest.

In May 2012, Kombo filed a complaint with the Police Complaint Commissioner, including allegations of racial discrimination. The commissioner concluded there was no misconduct under the Police Act.

The B.C. Human Rights Tribunal report stated that Kombo did not mention the alleged statements or comments by the parking patrol officer when police arrested him. The city employee denied making the comments.

She said she issued the ticket because Kombo's car was parked at an expired meter and he declined her request to put money in the meter.

Bernd Walter, chair of the B.C. Human Rights Tribunal, dismissed the complaint saying it has no reasonable prospect of success give the material presented.

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