Yukon gov't official denied peace bond against man accusing him of racism

A Yukon Territorial Court judge has dismissed a peace bond application from the registrar of the Yukon Department of Motor Vehicles against another man who has been accusing the department of racism.

Vern Janz applied for a peace bond against Yonis Melew earlier this year, saying he had reasonable grounds to fear that Melew would cause personal injury to him or his family.

Janz said there had been ongoing issues since last year, and Melew had followed him, threatened him, and acted aggressively to him and department staff.

A successful peace bond under section 810 of the Criminal Code allows the court to order the defendant to abide by conditions to ensure they keep the peace, for a period of up to 12 months.

In a written judgment, Judge Michael Cozens found the evidence submitted by Janz didn't meet the requirements to issue a peace bond.

He agreed that Janz has "some reason to be concerned" about Melew's actions, but none of them are "particularly egregious" and don't prove an objective fear of being harmed.

'All about race,' Melew says

Janz's application stemmed from a number of confrontations between Melew and Motor Vehicles staff over the last year, triggered primarily by Melew's belief that he has been systematically discriminated against by the department.

Melew testified that in court that "no one has a reason to fear him and that he has no issue with anybody."

He said he believes the case is "all about race" and claimed that Janz "feels entitled because he is white."

The conflict started at the beginning of April 2017, when Melew accompanied his wife to her written driver's licence exam in Whitehorse. She failed the test by two questions, which led to a confrontation between Melew and department staff. Melew believed the test was poorly written and took issue with how long it would be before his wife could retake the test.

Janz was notified of the incidents by his staff.

Staff said Melew had shown his Yukon Government employee identification card at one point. Janz told the court he then took the steps of searching Melew's phone number in the government's internal directory and found his job position. Janz sent an email complaint about the incidents to Melew's manager at the Department of Health and Social Services.

"I will not accept aggressive and inappropriate conduct towards staff that threatens the goals of a respectful workplace," Janz wrote. "Please understand that if Mr. Melew attends Motor Vehicles and displays similar behaviour, he will be required to leave the premises."

Melew said Janz violated his privacy, and was trying to get him fired.

According to court documents, Melew believed he was marked as "an aggressive black male" by Janz and department  staff.

More confrontations

The situation escalated with additional incidents in the following months — including another confrontation between Melew and Motor Vehicles staff in October, when Melew's wife arrived for a scheduled road test.

I am a citizen, and a taxpayer. I am entitled to these services- Yonis Melew, in a voicemail message to Vern Janz

Janz testified he heard yelling and saw Melew and his wife being escorted out of the building. He told the court he followed them to Melew's car and admitted he banged on the window and told him to get off the property.

Janz then sent Melew a registered letter barring him from coming to the Motor Vehicles office without an appointment and at least 48 hours notice.

Melew responded with a voicemail message.

"You're not going to intimidate me with this letter," he said, according to the transcript entered in court. "I'm a citizen, and a taxpayer. I am entitled to these services."

In court, Janz described other confrontations between Melew and himself and staff members, at the Motor Vehicles office and in public. Melew denied the details of those allegations.

In his decision, Cozens wrote he cannot put "too much weight" on the reports of Melew's interactions with staff members, because none of them appeared as witnesses before the court.

Cozens also acknowledged that Melew took steps to avoid future confrontations with Motor Vehicles staff and Janz.

The judge also found that public Facebook posts written by Melew, and presented by Janz in court, didn't prove an objective fear of harm, though Cozens said they could be defamatory.

Cozens also said he can't pass judgment on whether Janz was right to ban Melew from attending the Motor Vehicles office.

"Perhaps, in his supervisory role, he was entitled to. Perhaps not. A question for another day and another forum," the judge wrote.

'Disappointed,' says Janz

After the judgment on Thursday, Janz immediately left the courthouse.

Later, in a phone interview, Janz said he was "understandably disappointed" in the judge's decision.

"[Melew] is threatening to me and my staff," he said. "And this was done personally."

Janz said he plans to focus on looking out for his and his staff's safety.

Melew said after Thursday's decision that he "felt great" and the experience was stressful, but he had been "confident" it was going to go his way.

Melew and his wife have filed two separate complaints against Janz to the Yukon Human Rights Commission, claiming discriminatory behaviour on the basis of "ancestry, origin, ethnicity, and marital status, when offering a public service."

The commission is currently investigating those claims.

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