Black Lives Ruined: Black men asked to sign NDAs to settle racial profiling cases

Racial profiling is a systemic problem plaguing Montreal police (SPVM), according to a judgement by Superior Court Justice Dominique Poulin.

But what does that mean in the lives of the victims?

This is part three of a CTV News three-part series called Black Lives Ruined: The effects of racial profiling by police.

Black men who are the victims of racial profiling and harassment by police forces in Quebec say they are being asked to sign non-disclosure agreements (NDA) in order to receive their settlement cheques.

"We can solve this matter now, and they pay you X amount, and you sign the NDA, or we take it to court and you may or may not win the case," said Marcus Gordon of his experience with the Human Rights Commission (CDPDJ) and Montreal police (SPVM). "At the time, I just wanted financial compensation for all this harassment that I was enduring, so I took the money and signed the NDA."

He says the experience left him feeling like he didn't exist.

"I now understand they're trying to sweep all of these stories under the rug," he tells CTV News. "They [the Human Rights Commission] are trying to remove themselves from the experiences they're causing."

When asked which details of his settlement he could reveal, Gordon states, "Only God can tell me what I'm allowed to do. Anything besides that is a suggestion."

• READ MORE: Black Lives Ruined: The effects of racial profiling by police

Pradel Content, who has brought several cases before the Human Rights Commission, says he was shocked at how easily some of his prospective lawsuits were dismissed.

"I'm sorry to say this, I'm surprised to say this: the Police Ethics Commission does a better job of our human rights than our Human Rights Commission," he said. "I'm a human, so why don't you hear my human rights?"

He tells CTV News he has also signed at least one NDA.

Criminal defence lawyer Kwadwo Yeboah explains that it is not unusual for a person to sign an NDA regarding a contract or, in this case, a settlement.

He says when it comes to legalities, the main reason someone would have to sign an NDA is to avoid setting a precedent.

"The city doesn't want you to know how much they gave somebody," he clarifies. "They don't want to give too much information so that other people might use it against them, saying, 'Hey, you gave this amount to this person.'"

Yeboah says there are varying degrees of NDAs that people may be asked to sign.

"What I know for sure, the City of Montreal will never allow you to tell the amount that you received," he said. "They might put something like you might be able to talk about your personal experience, but I know for sure you will not be able to talk about the amount you received."

For its part, the Human Rights Commission explains that during a mediation process or when negotiating an out-of-court settlement, both parties can request that a confidentiality agreement be signed.

"In such cases, it is up to the other party to accept or reject these conditions," said Halimatou Bah, a communications officer with the CDPDJ. "Non-disclosure agreements are not specific to human rights cases, they are regularly negotiated in courts and in mediation processes in other jurisdictions."

She notes that the Commission files "dozens of applications in court every year, including racial profiling cases."

"We process all our cases with the same professionalism, regardless of the type of case or the number of requests we receive," Bah states, reiterating that an agreement can only be signed if both parties agree.

• READ MORE: Black Lives Ruined: What goes through a Black man's mind when he's pulled over

All the same, Yeboah laments that the Human Rights Commission, which is supposed to be an independent place of judgment for complaints of alleged discrimination, has too many layers of bureaucracy.

"When you file a complaint, somebody who has no training...will call you back to assess if what you're saying falls into what they can accept," he said. "Sometimes, it's clear cut to me that this is racial profiling, and I have to go and explain to the agent why I think [it is], and he still doesn't understand."

He says he wonders if, rather than this being an issue of sweeping racism under the rug, it's just a case of not enough staffing.

"Maybe they make them sign quick, take the deal and onto the next one," he reflects. "They don't have enough resources, don't have the trained staff, they really don't know what's going on."

Bah refutes any claim that the Commission is hushing people up or cutting corners.

"The Commission's sole objective is to obtain the most satisfactory resolution possible and compensation for damages caused. The Commission does not sweep cases under the rug or rush settlements to save time."

The City of Montreal, which pays for the Montreal police's legal fees, adds that "civil liability claims against the city or its employees that are settled out of court between the parties are settled without admission of liability."

The city goes on to say that it formally recognized systemic racism and discrimination in 2020.

Nevertheless, Yeboah argues people should not have to convince a Human Rights Commission agent that their case encompasses racial profiling -- police should have to convince them that it isn't.

"I'm the victim. I'm the person coming for help, but the way it is over there, it's just how it functions," he tells CTV News. "Why [does] the victim have to go and convince a person that this is what really happened to them?"

Montreal police (SPVM) declined CTV News' request for an interview with Chief Fady Dagher.