The city’s police board and the force have settled with a Toronto man who alleges in a human rights complaint that he was racially profiled when he was pulled over in Parkdale in 2009.

Clem Marshall, a former teacher with the Toronto public board, says an officer justified the stop by telling him he didn’t look like someone who could afford the 2009 Nissan Altima he was driving.

“It’s not racial profiling. . . . Two black guys driving a car like mine in Parkdale meant crack. . . . That’s just the way it is,” the officer told Marshall, according to his complaint.

In an interview Monday, the Africentric scholar said “the taste of humiliation is extraordinary. It’s like the taste of nothing else.” Marshall, in his 60s, said that at his age the feelings were completely unexpected.

He handed over his driver’s licence, ownership and insurance, but when he asked why he was being pulled over, the officer allegedly yelled, “Who do you think you are, f---ing Obama?”

The settlement was agreed to partway through the human rights tribunal hearing. The terms are confidential and neither the Toronto Police Service nor the board has admitted any liability.

Police spokesman Mark Pugash said the force settles in cases such as this for a variety of reasons, but noted there was no finding of fact because the agreement was reached before adjudication.

In the past, Police Chief Bill Blair has conceded that racial profiling occurs but “his view on its unacceptability remains clear,” said Pugash, adding the force regularly reviews its training.

Sharan Basran, Marshall’s lawyer who is with the Human Rights Legal Support Centre, said the critical piece is that her client didn’t know why he was stopped.

The officers later told him he was pulled over because he didn’t make a full stop at the intersection. In the end, Marshall was issued a $120 ticket because his ownership wasn’t signed.

Under the Highway Traffic Act, police have an obligation to inform a driver why they’re being stopped as soon as reasonably practical, said lawyer Howard Morton, who is with the Law Union but not connected to the case. Then they have the right to demand a driver’s documents, Morton said.

Marshall said he wanted to do something practical with the money and plans to use it to organize events where African Canadian youth can share their experiences with the justice system and learn about their rights.

Loading... Loading... Loading... Loading... Loading... Loading...

The legal rights of youth have been in the spotlight recently after a number of Star investigations show Toronto police stop and document, or “card,” black and brown people at disproportionately high rates. Civil rights activists have argued the stops contravene the Charter.

Organizations such as the Law Union say police should advise people they have the right to refuse to answer and are free to go.

Basran said the support centre commonly hears from African Canadian men who complain they’ve been stopped by police and questioned without a “good reason.”

In Marshall’s case, police issued a ticket but they also carded him, said Basran. Police enter personal information about the people they “card” into a massive database used for investigations. The Star’s research shows that in the majority of cases, carding happens during non-criminal encounters.