HALIFAX — A racist and aggressive incident on a Halifax bus has forever changed the way Isaac Saney takes transit with his young daughter, but he’s hopeful the criminal sentence handed down in the case sends a clear message such discrimination is “unacceptable.”

Stephanie Lynn Rogers of Halifax was given 60-day conditional sentence in Halifax provincial court Wednesday by Judge Michael Sherar, on charges of criminal harassment and creating a public disturbance.

Rogers had pled guilty to both counts last July. The third original charge of uttering threats to cause bodily harm was dismissed.

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“I always enjoyed taking public transit. I looked forward to taking it with my baby, and then all of a sudden that security, that sense of feeling safe, that tranquility ... that space of serenity has been robbed from me,” Saney told reporters outside court.

Crown attorney Jennifer Crewe outlined the facts of the case, which followed the details Saney had brought to public attention last November during a news conference about the incident hosted by the Racism-Free Transit in Halifax group.

The charges stem from an incident on Oct. 25, 2018, when Saney, a Dalhousie University professor and member of the school’s Black Faculty & Staff Caucus, was getting on a bus downtown with his then-four-month-old daughter Ashah in a stroller.

At the time, Saney said he was behind a family who he presumed were from South Asia also pushing a child in a stroller, when Rogers and a younger white man “barged” ahead and said to Saney that in Canada there were priorities about boarding.

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Saney, who takes transit regularly since he doesn’t drive, got on and told Rogers that actually those with strollers, disabilities or older people get boarding priority.

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After Rogers took her seat she became verbally aggressive towards Saney who was in the front of the bus, Crewe said in court, making several “anti-immigrant and racist comments” such as “these people should not be let into the country” and “you don’t belong here.”

Rogers also made comments like “wait until we get you guys off the bus” several times and continued swearing and yelling. The bus driver pulled over and kicked off Rogers and the young man. When she stepped off the bus, she turned around and pounded on the door.

Isaac Saney speaks to reporters at Halifax provincial court on Wednesday after a sentencing hearing for Stephanie Lynn Rogers. Rogers pleaded guilty to criminal harassment and creating a public disturbance after she made racist, anti-immigrant comments to Saney on a Halifax Transit bus. (Zane Woodford / Star Halifax)

Shortly after, Saney got off at the Scotia Square stop on Barrington Street with a female passenger who was concerned the others would be waiting for Saney and his daughter. Rogers and the man were indeed there, and Rogers yelled threats across the road at Saney, Crewe said, including how she wanted to come over and “teach you a lesson.”

Saney called the police, and the situation de-escalated from there after an officer came out of Scotia Square and took statements.

In court, Saney delivered a victim impact statement about how the “shocking and frightening” harassment has impacted how he takes the bus. Before this, transit was one of the ways he bonded with Ashah and helped her meet new people and explore the world — but now his trips are full of apprehension and worry, while he has recurring dreams about Ashah facing a racist attack.

“Transit … should be a place for all individuals to feel safe. They shouldn’t have to be exposed to this type of behaviour,” Crewe said.

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“A message has to be sent to Ms. Rogers and more broadly to the public in general that this type of behaviour won’t be tolerated in this city, or in this province.”

Before Sherar delivered his sentence, Rogers stood to apologize to Saney sitting in the public gallery with his wife and a handful of supporters.

“I know I hurt somebody and I can’t take that back, and that’s what kills me the most. I hurt somebody I don’t even know,” Rogers said, struggling to draw breaths as she cried and wiped away tears.

“I really, really am sorry.”

For Saney, the apology is “too little, too late.” Until Wednesday, Saney said he’d never seen Rogers express any sort of remorse, which diminishes the apology’s value and impact for him.

However, he said he’s hopeful Rogers’ counselling, community service and time under house arrest “really benefits her” and can give her time for the “deep inner reflection” everyone needs at some point in life.

Sherar accepted the joint recommendation from the Crown and Rogers’ defence lawyer, Brad Sarson, for 60 days of a conditional sentence with the first 30 under house arrest, the next 30 under curfew, and a probation period of 18 months where she can have no contact with Saney or his daughter, and not be within 10 metres of Saney’s home or place of work.

Rogers will also have to complete 50 hours of community service, a mental health assessment and attend any counselling for anger management set out by her probation officer.

In his decision, Sherar said, “Let’s face it: we are all immigrants in this country,” and since nobody “grew out of the ground” we have to live together, even when it’s not easy.

“People sometimes fear what they don’t know or understand,” Sherar said. “All we can hope for is we have mutual understanding. We don’t have to love everybody, but we have to co-operate.”

Crewe said mitigating factors included Rogers lack of criminal record and guilty plea, while aggravating factors were that Saney had an infant with him, and the offence was motivated by “bias, prejudice or hate based on race, national or ethnic origin” which falls under Section 718.2 of the Criminal Code.

Isaac Saney, a Dalhousie University professor, and his daughter Ashah were the targets of a racist incident on Halifax Transit bus last year. (Haley Ryan / Star Halifax file)

On Wednesday, Saney continued his call for better hate crime legislation so it could be used to lay charges in these kinds of “excessive, racist acts.” The Criminal Code doesn’t have a section on hate crimes explicitly, but there are sections that apply to hate-motivated crimes, like Section 319 which makes it an offence to incite or promote hatred against an identifiable group.

However, Saney said the Crown had told him there was no realistic prospect of conviction.

After more than a year of going through the court process, Saney said he was glad to see the matter settled, and hear the court acknowledge such “anti-immigrant, racist things are unacceptable in today’s society.”

Beyond his own situation, Saney hopes the outcome sends hope to anyone who’s encountered racism and discrimination in the city. Many international students have come to Saney about encountering racist incidents, he said, so this is a small way of ensuring Halifax remains an accepting and safe space for them.

“It’s important to understand, this is an attack not just on immigrants, not just on non-white Canadians, it’s an attack on all Canadians,” Saney said.

“The violation of the rights of one Canadian is a violation of the rights of all.”

The Racism-Free Transit in Halifax group has met with city staff about starting an anti-racism transit campaign, Saney said, which he would like to see begin soon as a “very important” step.

In an email, municipal spokesperson Erin DiCarlo confirmed Halifax Transit has hired an agency to work on “an anti-harassment campaign, as well as an etiquette campaign, to remind users of appropriate behaviour.”

The municipality’s Office of Diversity and Inclusion has also been engaged to assist with the effort.

“This is an important and sensitive initiative that is being taken seriously to ensure the campaign is appropriate and effective,” DiCarlo said.

The municipality did not provide a timeline for the project.