Police Service argues “Fresh Breath” moniker a mistake, not racism

First Nations, led by Nishnawbe Aski Nation (NAN), have filed a complaint with the Ontario Human Rights Tribunal against the Thunder Bay Police Service.

“It is regrettable that my clients are put in this box and had to go to the Human Rights Tribunal to find an objective process. But certainly the public comments of the chief of police and of the mayor ... completely undermine any hope of there being a credible process (with) the Thunder Bay Police Service as either a decision maker or a major player. They obviously need an objective third party to come in and deal with this,” said Julian Falconer, counsel for NAN and Namaygoosisagagun, Eabametoong and Nibinamik First Nations.

The First Nations group announced on Sept. 18 that they were filing a complaint with the tribunal following a Sept. 1 incident in which an internal email from a Thunder Bay Police Service detective was mistakenly sent to local media. The email was immediately rescinded. That email was entitled “Fresh Breath Killer Captured” and referred to a murder investigation that involved victim Adam Yellowhead, 65. Yellowhead’s body was found on Aug. 29. Joseph Wesley of Thunder Bay was arrested and charged with second-degree murder. According to Chris Adams, executive officer for the police, the “Fresh Breath” comment referred to the suspect and the crime scene in which a large number of mouth wash bottles were found.

After the internal email, written by Det. John Read, was made public, police officials met with NAN representatives to discuss the incident.

However, during the course of the meeting between NAN and the police service, comments were made by both Thunder Bay Police Chief JP Levesque and Deputy Chief Andy Hay that disturbed NAN Deputy Grand Chief Alvin Fiddler.

“What concerned us was that even before the internal investigation concluded they already determined that race had nothing to do with what happened,” said Fiddler.

Also of concern to Fiddler were comments made by  Thunder Bay Mayor Keith Hobbs to the Chronicle-Journal  in which Hobbs said “it was wrong to put a racial connotation on” Read’s email. Hobbs serves on the Thunder Bay Police Services Board and is a former police officer.

Fiddler believes that Read’s “fresh breath” attribution is racial stereotyping of Aboriginal people.

Adams said the police service was surprised by the action taken by the First Nations group.

“We were in the process of working with NAN on trying to find an appropriate response and resolution and when they decided … to file a complaint, it caught us off guard,” he said.

Adams says the police service would have preferred using an informal process to deal with the issue, which would have included involving the community and the victim’s family.

Yellowhead was a member of the Eabametoong First Nation. Many of Yellowhead’s family reside on the Nibinamik First Nation.

Adams also said the human rights complaint has “created some legal issues,” which limit what the police service can do, including issuing an apology to the Yellowhead family for any hurt caused by the email.

Fiddler said pursuing the matter with the Office of the Independent Police Review Director was also considered, but quickly dismissed when it was determined that Levesque “would have a lot of influence” on the process.

“We just felt we needed a more independent body to come in here … to do a proper investigation,” he said.

However, the matter will still go before the police review director’s office. The Professional Standards Branch, a unit within the Thunder Bay Police Service, conducted an internal investigation “to document and determine the circumstances surrounding the sending out of that email media release,” said Adams. 

The report has been reviewed by Levesque and sent to the office of the police review director. Adams is unclear as to when the report will be reviewed.

The email, Fiddler says, highlights a deeper issue.

“For a senior police officer of the Thunder Bay police to feel that they can do this … to circulate that internally, I think that alone speaks volumes of the culture that exists within the Thunder Bay police. For a senior officer to say ‘I can do this and nothing’s going to happen to me’…,” he said.

“That would be a broad accusation ... and it’s unfair to take what appears to be an isolated incident  and create an… opinion of systemic issues or racism or whatever you want to call it within the service,” Adams said.

“The fact is that we’ve worked hard over the last few years to build connections and bridges with the Aboriginal community and we feel that we will make mistakes from time to time but we thought we had a reasonable dialogue with NAN to try and address this issue in particular so it is unfortunate and I think it is an overshadow of the good hard work and the honest work that our members do on behalf of victims, all victims,” Adams said.

Adams does not deny that Read’s email “was a mistake,” but characterizes the detective involved as “a good officer and feels terrible about the mistake that … he made sending it out.”

The complaint before the Human Right Tribunal names Read, Levesque, Hay, and the Thunder Bay Police Service Board and should be heard within a year.

Falconer said his clients are seeking systemic change and monetary compensation for the Yellowhead family, as well legal fees to cover costs incurred.

“(Systemic changes are) exactly what the Human Rights Tribunal and Human Rights Code are for. It’s for taking institutions that are mired in historical and cultural intransigence and instituting change…. And the police are not immune to the reach of the Human Rights Tribunal,” he said.