Douglas College instructor accuses New Westminster Police of racial profiling

Jovian Radheshwar travels light.

The Douglas College political science instructor says he often walks around his downtown New Westminster neighbourhood with only the essentials: house keys and a smart watch capable of making tap payments.

His minimalist approach is meant to simplify, but it became an unexpected problem on the morning of July 27.

Radheshwar says he was going to meet a friend for coffee, when he was suddenly stopped by two New Westminster Police Department (NWPD) officers and asked to present identification.

He told them he didn't have any.

Still, Radheshwar says the officers insisted, suggesting he looked similar to a suspect they were trying to arrest.

"They mentioned they were looking for a guy named Abdul," said Radheshwar. "I protested and said 'No, I'm not Abdul', [but] one of them said 'C'mon you look exactly like him.'"

He says he eventually managed to walk away from the officers and meet his friend.

But while he left the situation unscathed, he fears he was racially profiled and stopped without proper evidence. He also acknowledges the situation could have escalated had he not known his rights or if he panicked or had trouble communicating with the the officers. He has sent his concerns to the Office of the Police Complaint Commissioner (OPCC).

NWPD, meanwhile, denies the allegations, saying officers briefly stopped Radheshwar to "confirm" his identity and that "he was free to go."

"It's really not fair for me to let this go because, you know, I'm able to say no. I'm able to carry myself in a conversation," said Radheshwar. "I'm just worried for people who don't have that ability."

Description discrepancies

Radheshwar says his concerns over racial profiling stem from a phone call with NWPD following his interaction with the two officers.

In the report filed with OPCC, Radheshwar claims he spoke with Staff Sgt. Eamonn Ward who told him officers hadn't seen a photo of the suspect, and had only been given a written description which stated the suspect was 6 feet tall, Middle Eastern, with a medium complexion and thick black hair.

"There are many people not just in [New Westminster], but in my very apartment building, who could be something like that in terms of how they appear" said Radheshwar, whose background is South Asian.

"And of course the officer said that I looked exactly like him. So how can I look exactly like a written description?"

NWPD however denies that officers were working off a written description.

"My understanding is that the police officers, or one of the police officers, who is attending the location on Agnes Street had seen a photo of the suspect," said Sgt. Jeff Scott.

CBC requested to see a photo of "Abdul" but did not receive a response before deadline.

CBC also requested an interview with Staff Sgt. Ward about the information given to officers on July 27.

NWPD did not respond to that request before deadline.

Civil rights groups warn street checks

NWPD, meanwhile, argues that "Abdul" was wanted — and eventually arrested — on several serious offences, including criminal harassment, breaching a court order and uttering threats.

"We weren't just arbitrarily street checking somebody," said Sgt. Scott "This was as part of an investigation for four fairly serious offences."

Civil rights advocates, however, believe Radheshwar's experience is tantamount to a street check, a controversial police practice defined as stopping a person outside of an investigation to obtain and record their information.

"People are only legally required to provide identification if they are being detained or they are being arrested by police," said B.C. Civil Liberties Association executive director Harsha Walia.

Earlier this year her organization, along with dozens more, signed an open letter calling on the Vancouver Police Board and the provincial government to end street checks.

"Police will rarely, and almost never actually, let people know that an interaction is voluntary," she said.

"The most important thing to ask is whether you are being legally detained or arrested — and if not if you are free to go."

Call for change

Radheshwar, meanwhile, says the incident has made him feel less safe.

"I still think twice now whenever I go outside. It hasn't kept me inside. But I do think about what the cops are doing," he said.

He says he wants NWPD to find better ways to do policing.

CBC requested an interview with New Westminster Mayor and Police Board chair Jonathon Coté about Radheshwar's situation and the practice of street checks, but was told he was on vacation and unavailable to comment.