Montreal man, wrongfully arrested for attacking police officer, to sue city and Crown for nearly $1M

A Black PhD student, who was wrongfully arrested by Montreal police and spent nearly a week in jail, is suing the City of Montreal and Crown prosecutors for close to $1 million.

Mamadi III Fara Camara, 31, alleges in a lawsuit application to be filed today in Montreal that he was the victim of a "bungled investigation based on racial profiling."

His lawyer, Justin Wee, says the Montreal police department, the Service de police de la ville de Montréal (SPVM) has a "systemic problem."

"Mr. Camara is an innocent man and all these events would have never happened if he wasn't a Black man," he said. "There was an investigation by the police that had been done with tunnel vision."

Camara spent six nights in jail from Jan. 28 to Feb. 3 and was charged with attempted murder, assaulting a police officer and disarming a police officer. He was ultimately exonerated and cleared of all charges on Feb. 5. 

The lawsuit says Camara was the victim of "excessive police force" and suffered harm from a "serious damage to his reputation."

Camara, a trained engineer who supervised a laboratory at École Polytechnique de Montréal, was barred from campus, and his duties were suspended during the criminal proceedings for the attempted murder charge.

Several members of Camara's family, including his wife and in-laws, as well as his neighbours are also part of the lawsuit.

"They are all traumatized," Wee said.

They are suing the city and the Crown for amounts ranging from $15,000 to $75,000 for the suffering caused by the ordeal.

None of the lawsuit's claims have been proven in court. 

In a statement to CBC News, Geneviève Jutras, a spokesperson for the city said it would wait until the inquiry into Camara's arrest is completed before commenting on the lawsuit. 

"We are very sensitive to what Mr. Camara went through and hope that light will be shed on this file, all the while respecting the rights of all stakeholders," Jutras said. "Our legal affairs department will assess Mr. Camara's and the other claimaints' demands presented to the Superior Court and make recommendations."

"One thing is certain, we will continue to offer our full cooperation in the ongoing investigation, with the SPVM."

A pattern of profiling

Camara's wrongful arrest drew global attention and sparked wider discussions about discriminatory policing in Canada. 

The lawsuit says the prejudice Camara faced at the hands of police caused him to suffer post-traumatic stress disorder, anxiety and insomnia.

Despite the claims, Montreal police insisted Camara's arrest was not due to racial profiling. 

In the document, Camara alleges that while he was detained police immediately identified him as "the cop killer" and he was strip-searched twice. 

"I was considered a monster," he told Radio-Canada's Tout le monde en parle when recounting his time in custody. 

The lawsuit claims the Crown made illegitimate use of discretionary powers "based on stereotypes and prejudices, constituting discrimination based on Mr. Camara's skin colour and ethnic origin." 

"The lack of objectivity in its analysis of this case constitutes a clear case of intentional abuse that offends the community and undermines public confidence in the justice system," the lawsuit reads. 

Other damages mentioned in the lawsuit include police ransacking Camara's and his neighbours' apartment in search of evidence, although he didn't go home between the time of the police assault and his arrest. 

Camara, who is from Guinea, arrived in Canada in 2017 on a temporary student visa, which expired in May. The lawsuit also says the disruption to his work prevented him from completing his studies on time, putting his status in Canada in jeopardy. 

Following the controversy, the House of Commons unanimously moved a motion to grant him permanent residence status.

Fo Niemi, executive director of the Center for Research-Action on Race Relations (CRAAR), says he hopes the Crown will settle the case soon.  

"The criminal justice system as a whole is implicated when a case like Mr. Camara's occurs," he said. "It's not only about being arrested and detained and charged … because prosecutors have the ultimate power to decide on charges made so, obviously, something went wrong and certainly, Mr. Camara is entitled to justice." 

The inquiry into Camara's arrest, presided by Justice Louis Dionne, is expected by the end of August.

For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.