HRP officer who handcuffed woman testifies in case of alleged racial profiling

A police officer who arrested Kayla Borden two years ago in Dartmouth says he apologized immediately after finding out she was not the suspect they were seeking, a Nova Scotia Police Review Board heard on Tuesday.

The board is hearing Borden's complaint that she was racially profiled in a 2020 traffic stop because she is a Black woman.

Const. Scott Martin testified that he was working in Dartmouth early on the morning of July 28, 2020, when a call came in about a vehicle that had fled a traffic stop in Bedford a short time before.

Martin and his partner, Andrew Nicholson, left the Dartmouth police headquarters and drove their marked van into a section of the Burnside Industrial Park.  

Martin said the only information they had was that they were looking for a dark-coloured sedan, possibly a black Pontiac, that was driving without lights. Officers heard the car had a temporary permit and the driver was wearing a baseball cap. The car fled a traffic stop and officers were ordered not to pursue.

Another officer on patrol that night started following a dark-coloured vehicle. It was Borden's car.

Martin and Nicholson intercepted her and blocked her way.

Martin told the hearing that he got out of the van and approached Borden's vehicle. He said he didn't see any markings on the front that would identify the make or model.

Martin said he spoke to the driver and told her he was placing her under arrest. He said Borden was surprised, but co-operated, following his order to get out of her car. Martin said he handcuffed her, which he said was standard procedure and a matter of officer safety.

Moments later, Martin said, the officer who had attempted the first traffic stop in Bedford pulled up and told them they had the wrong vehicle. Martin said he immediately apologized to Borden and removed the handcuffs. He said the whole incident took less than a minute.

Under questioning by Borden's lawyer, Asaf Rashid, Martin said he has received training in what he described as "hate- and bias-free" policing and had also participated in a program called Journey to Change. Martin also told Rashid that the expression "driving while Black" is not a term he would use.

Halifax Regional Police Chief Dan Kinsella is expected to testify at the hearing when it resumes early in the new year.

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.