An Alberta judge has overturned a ruling by the Human Rights Tribunal that found the Edmonton Police Service responsible for discriminating against two Black men during their arrest in 2017. The Court of King’s Bench of Alberta Justice John Little issued a decision on Monday clearing the Edmonton Police Service (EPS) of any liability in the case involving Yousef John and Caesar Judianga.
The ruling stemmed from a judicial review initiated by the EPS following a 2024 decision by the Human Rights Tribunal of Alberta, which had awarded $80,000 in damages to the men who were pepper-sprayed, forced to the ground, and detained by the police. The men, who are part of Edmonton’s South Sudanese community, alleged racial discrimination during an incident where they tried to intervene in a theft outside their residence.
In his recent decision, Justice Little criticized the tribunal for holding the EPS accountable while exonerating the individual officers involved in the arrest. Little highlighted the inconsistency in the tribunal’s findings, noting that it determined the officers acted with bias but did not find them guilty of discrimination. He stated that there was no legal basis for attributing institutional liability when no personal liability was established for the officers.
Little decided against sending the case back for further review, citing the extensive legal proceedings already endured by all parties since the incident in 2017. The judge expressed his reluctance to prolong the proceedings, given the substantial time and costs involved in the legal battle.
The arrest took place on May 5, 2017, after John and Judianga witnessed a woman vandalizing a vehicle and made a citizen’s arrest while waiting for police to arrive. Upon police intervention, the men were pepper-sprayed, handcuffed, and detained, while the woman received support from law enforcement. Subsequently, the men were released without charges later that night.
Following the ruling, John and Judianga’s lawyer mentioned the possibility of appealing the decision after consulting with his clients. Meanwhile, the EPS officials defended the actions of the responding officers, emphasizing that the decision by Justice Little was appropriate. They acknowledged the challenges faced by people of color due to bias and discrimination but maintained that the officers acted based on the information available to them at the time of the incident. The EPS welcomed the overturning of the previous ruling and the absence of a re-hearing for the case.