York police now probing alleged excessive force by fare inspectors against Newmarket man with disability

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York Regional Police officers have confirmed they are now probing a July incident involving alleged excessive force by York Region Transit fare inspectors against a 21-year-old Newmarket man who has a cognitive disability.A York Regional Police spokesperson told CityNews investigators are aware of the details surrounding the July 30 incident at the Newmarket bus terminal, but couldn’t provide additional details since the probe is still ongoing.The man’s mother, along with advocates supporting him and the family, also told CityNews an application for review was also filed with the Human Rights Tribunal of Ontario, alleging discrimination on the basis of race and disability.CityNews agreed not to identify the man or his mother due to their concerns about further stigmatization.The man’s mother, who wasn’t present at the time, said he was on his way to a job interview in Newmarket after visiting friends in downtown Toronto. She said he paid his GO Transit fare at Union Station and made his way north, eventually transferring onto a York Region Transit (YRT) bus that dropped him at the Newmarket Bus Terminal. The man, she said, forgot to tap the Presto fare machine at the initial YRT station after realizing he couldn’t do so on the bus. After arriving at the terminal, she said he told her there were fare inspectors waiting and asking riders for proof of payment.She described how the man recalled being asked about his fare and he said he paid down at Union Station before walking away. She said he had his earbuds in listening to music at the time of the interaction since music is a calming method and helps him cope with navigating daily life, noting he’s a dedicated pianist and musician.Related:Newmarket mother, legal advocates seek action after alleged excessive force by fare inspectors“This seemed to frustrate the provincial offences officer, who then raised her voice and continued to say, ‘I need proof of payment,’” she told CityNews in late August. “This is an individual with a verbal comprehension and auditory processing disability, so he doesn’t always capture everything that’s being said to him.“He took his earbuds out and was putting his backpack on the ground and I guess (the fare inspector) continued to raise her voice, which alerted the other two provincial offences officers and they walked over. One of them grabbed him by the shoulder, and his automatic reaction was to shrug him off and I guess in so doing that escalated things significantly.”She said three inspectors “threw him to the ground,” handcuffed him and told him he was under arrest. The man’s mother said he was then asked if he had any weapons, which he didn’t have.“They pushed him up against the wall, picked him up, pushed him up against the exterior wall, proceeded to empty his pockets and throw the contents on the ground. They proceeded to empty and rifle through his backpack. They found his wallet. They checked the ID. They then questioned amongst themselves whether or not his ID was valid or whether it was fake,” she described.“He told the officers, ‘I don’t think you’re allowed to do that,’ and their response was, ‘We can do whatever we want.’ After they did a thorough search, they then turned him around and walked him across the parking lot to a bus shelter. He had to ask them to pick up the contents of his pockets and his backpack that were still strewn all over the sidewalk.”The man, his mother said, stated multiple times he didn’t understand why he was being detained, offering to show his Presto app to show he paid earlier. Under the Ontario government’s one fare program, the local YRT fare wouldn’t have ultimately been charged since he paid a GO Transit fare and transferred onto local transit shortly afterward.When he opened up the following day about what happened, she said he told her he was given two tickets by the inspectors.Related:New, steeper GO Transit and UP Express fare evasion penalties beginning“He had not told me that he had been handcuffed. He had not told me that three people were kneeling on his back. He then showed me his knees, which were scraped and bruised. He then showed me his jewelry, which had been broken.“I felt that this was extremely excessive for a four-dollar bus fare, as did he, and his only comment to me was he was grateful they didn’t have guns.”The man’s mother said she believes her son’s race was a contributing factor to how the fare inspectors responded.“It has been our lived experience that young Black men are held to a different standard than everyone else. I have no doubt that it may not have happened to him if he had been another race, or maybe if he didn’t have this disability,” the man’s mother said.“I have found it has been our experience that they hold to a very different level of accountability, and it’s my job now as mom to kind of coach them and tell them how to navigate this world, which is extremely unfair to young Black men — particularly where law enforcement is involved.”Meanwhile, the family and advocates said they have been waiting since the end of July for the municipality to provide copies of footage captured by CCTV cameras at the Newmarket bus terminal at the time of the incident.,CityNews contacted York Region staff in August to ask about the incident. The region’s transit operations director said in a statement the matter was being looked at.“York Region is aware of a complaint regarding York Region Transit, and these concerns are currently under review. To protect the integrity of the review process, we are unable to comment at this time,” the statement said.Under York Region’s current policies, complaints are typically first reviewed by shift supervisors and more serious complaints get referred to the manager of special constables. The most serious of allegations get forwarded to the York Regional Police professional standards bureau.CityNews contacted the municipality Thursday afternoon to ask for an update, but a response wasn’t received by the time of publication. This story will be updated if a response is received.Photos shared with CityNews show damage to two necklaces and scrapes to the man’s knee after an interaction with York Region Transit personnel. SUPPLIED