Judge orders $10,000 payment to Emile Wickham as Canada seeks to fight systemic racism, despite its reputation for inclusivity

This article is more than 2 years old

This article is more than 2 years old

When Emile Wickham and three friends arrived at a popular Chinese restaurant in Toronto, they were eager to unwind from a busy day at the university and celebrate Wickham’s birthday.

But after ordering their meal, the group was informed by staff at Hong Shing that they would be required to pay before they ate – a policy they were told applied to all patrons.

Wickham and his friends soon discovered they were the only ones that had been asked to provide money up front. They were also the only black diners at the restaurant.



“I don’t think I could adequately describe leaving that restaurant … We were so dejected,” Wickham told the Guardian.

Now, the restaurant has been ordered to pay Wickham $10,000 in compensation after the Ontario human rights tribunal found that he and his friends suffered racial discrimination when they visited the restaurant in May 2014.

“It’s been a long time coming,” said Wickham. “Originally, all I wanted was an apology.”

The judgment came soon after two black men in Philadelphia were arrested when a store employee called police to say the men were trespassing.

The ruling also highlights a growing push in Canada to address issues of systemic racism and discrimination. While the country is celebrated for its diversity and inclusion – and often compared favourably to the United States on both metrics – critics argue that the sunny image belies a grimmer daily reality for many: Canada’s black prison population is the fastest-growing inmate demographic and black people are disproportionately targeted in police shootings.



“To think that we’re in a post-racial society is pretty absurd. I’m hoping that Canadians start to realize that we’ve made progress, but we have such a long way to go,” said Saron Gebresellassi, a Toronto lawyer who works on discrimination cases.

Such cases are often very hard to prove (“If you’re looking for a slur, you’re not going to find it,” she said), and the bar for victory at the tribunal is very high – which is why Wickham’s win was “incredible”, said Gebresellassi.



In hearing the case earlier this month, the adjudicator Esi Codjoe of the tribunal concluded that the actions of Hong Shing violated the first section of province’s human rights code, which prohibits discrimination when providing a service.



She found the staff’s conduct “was motivated by a stereotype that Black persons are criminal, or deviant” and concluded that for Wickham, “at that moment it hurt to be Black”.

In awarding monetary compensation, Codjoe declined to compel an apology from the restaurant, which she feared curtailed its freedom of speech.

She also declined to enforce Wickham’s request that the restaurant explicitly note that no patron would be forced to pay beforehand, noting that “a sign may not achieve the goal of making patrons aware of the fact that they should not be subjected to discrimination”.

Hong Shing did not participate in proceedings, only providing a written explanation of the policy, which Codjoe found lacked merit. Staff at the restaurant declined to speak about the decision when contacted by the Guardian.

Canada is hailed for its tolerance but is it ready to confront its racism? Read more

“A lot of people have been asking me if I’m happy about this. I’m just more relieved and grateful that we were believed,” said Wickham. “If it wasn’t for the judge believing our testimony was reliable, if it wasn’t for the restaurant admitting this was a practice they indulge in, how would our facts about the case have been accepted by the public?



“I didn’t know what it meant to be black until I came to Canada,” said Wickham, who immigrated from Trinidad 11 years ago. He says the overwhelming number of messages he’s received from friends, acquaintances and strangers expressing similar frustrations have resonated with him.



“It’s taken a toll on me,” said Wickham. “I would trade all of this for those lost two hours with friends.”