A complaint by an Indigenous constable that members of the legislature’s protective services team and supervisors discriminated against him will be heard by the B.C. Human Rights Tribunal, after an adjudicator allowed it to proceed.
The constable, Paul Reynolds, alleged in his complaint that over the course of two years, other constables with the protective services team told him he was not wanted on a shift, showed him a video of a white man kicking two Indigenous people while laughing, and put job applications for Walmart and McDonald’s in his personal work mail slot.
Reynolds also alleged in the complaint that his supervisor did not stop the behaviour, and instead actively participated, and that the acting sergeant-at-arms did not adequately respond to the incidents.
Reynolds worked as a constable at the B.C. legislature for two years, starting on Sept. 23, 2019. WorkSafeBC accepted his claim for an adjustment disorder as a result of workplace bullying and harassment, the tribunal decision says, adding it appears he transitioned from WorkSafeBC temporary disability benefits to long-term disability benefits in late 2022.
Reynolds alleged that early in his time at the legislature, one of his co-workers, who was watching a TV news story about Indigenous people holding a protest, commented “we are always catering to these people,” or words to that effect.
Later, the constable told Reynolds he “was not wanted on the shift,” the decision says.
He alleged that over the years he worked with the other constable, the man yelled at him in front of co-workers and tried to intimidate him, including blocking his car just before a shift change at 5 a.m. on Sept. 20, 2020.
Reynolds alleged the constable did not treat non-Indigenous colleagues that way, that he knew Reynolds was Indigenous, and that Reynolds’ Indigeneity was a factor in the constable’s treatment of him, in light of his negative view of Indigenous people.
He alleged that on two occasions in September and October of 2019, he received Walmart and McDonald’s job applications in his personal work mail slot, which he took as implying that someone believed he was not fit for his position.
When he discussed the job applications with the acting sergeant-at-arms, the latter “brushed off” the incidents and inaccurately claimed someone was putting the applications in everyone’s mail slots, the decision says.
Reynolds said after he told another constable he was Indigenous, the constable showed him a photograph of his father in a Nazi uniform. The same constable showed him a movie clip called “Indian Kick,” which showed a white man kicking two Indigenous people sitting on a porch.
The constable and a supervisor laughed at the video, Reynolds alleged. The constable also created a caricature portrait of Reynolds depicting Indigenous stereotypes and put it on a fridge at work, the tribunal decision says.
Reynolds alleged that his supervisor subjected him to closer scrutiny than other constables, verbally reprimanding him for using his cellphone once at work, while other constables constantly used their personal phones at work.
He said complaints to multiple supervisors, including the acting sergeant-at-arms, went nowhere.
He alleged there were procedural flaws in the investigation into his respectful workplace policy complaint, which was ultimately denied.
Tribunal adjudicator Steven Adamson rejected an argument by the legislature that the complaint was not made within one year of the last relevant allegation, as required.
