Halifax police officers testify at racial bias hearing over late-night arrest in park

A Halifax Regional Police officer told a Nova Scotia Police Review Board hearing Friday that he is not a racist.

But Const. Kenneth O'Brien also acknowledged that no one in the hearing room knows him, or how he's led his life.

O'Brien and another officer, Const. Brent Woodworth, are the subjects of a complaint from a couple who accuse them of racial profiling.

O'Brien arrested Adam LeRue on the evening of Feb. 12, 2018, after a traffic stop in Sir Sandford Fleming Park in Halifax.

LeRue is Black. His wife, Kerry Morris, is white. Both allege that the decision to charge LeRue with obstruction of justice was racially motivated.

O'Brien, a 12-year veteran of the police force, testified that his supervisors had instructed him, and other officers patrolling in the area of the park, to make nightly checks.

He said residents had complained of garbage, vandalism and car racing in the area. Police were checking every night after 10 p.m., when the park is closed.

O'Brien said he arrived at the park, also known as The Dingle, around 10:19 p.m. on the night in question.

He spotted LeRue's Land Rover in a parking lot and pulled in behind him. But then, O'Brien said, he spotted another vehicle leaving from another parking lot.

O'Brien said he followed that vehicle along the one-way road around the park and initiated a traffic stop. He said the driver showed his licence and was let off with a warning.

O'Brien said he then returned to the parking lot where LeRue's vehicle was still parked. The officer said he approached the driver's side of the vehicle and asked to see his licence. He said the driver refused.

He said he informed the driver that the park was closed and pointed to a sign on a nearby post.

LeRue and Morris both testified earlier in this hearing that they did not see any of the five signs that are posted on the roadway through the park that show the park's hours.

O'Brien said LeRue repeatedly refused to show his licence, even after being told he would be arrested for obstruction. O'Brien said he did arrest LeRue and placed him in the back of his vehicle.

'Race was not a factor in this'

By that time, Const. Woodworth had arrived on the scene. According to Morris, Woodworth had told her to get out of the vehicle, then pulled her out and arrested her. Morris was later released without charges.

O'Brien said he told LeRue that if he signed an appearance notice agreeing to attend court at a later date, he would be released. O'Brien said LeRue again refused, so he was taken to the police station to be booked into a cell.

LeRue spent the night in jail. O'Brien testified that he eventually agreed with the Crown that the charge should proceed by restorative justice, so that LeRue wouldn't have a criminal record.

"I am not a racist person," O'Brien said as he finished answering questions from his own lawyer.

"Race was not a factor in this."

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.