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British Columbia

Douglas College instructor accuses New Westminster Police of racial profiling

Jovian Radheshwarfears he was racially profiled after New Westminster Police officers stopped him and asked for identification while trying to apprehend a suspect. He hasoutlinedhis concerns in areport tothe Office of the Police Complaint Commissioner (OPCC).

Jovian Radheshwar claims he was stopped and asked to present ID, solely because of his appearance

Jovian Radheshwa has reported his concerns to the Office of the Police Complaint Commissioner after two officers claimed he looked like a suspect they were trying to arrest. (Ben Nelms/CBC)

Jovian Radheshwartravels light.

The Douglas College political science instructor says he often walks around his downtown New Westminster neighbourhood with onlythe essentials: house keysand a smart watch capable of making tap payments.

His minimalist approach is meant to simplify, but itbecame an unexpected problem onthe morningof July 27.

Radheshwar says he was going to meet a friend for coffee, when he was suddenly stopped by twoNew Westminster Police Department (NWPD) officers and asked to present identification.

He told them he didn't have any.

Still, Radheshwar says the officers insisted, suggesting he looked similar to a suspect they were trying to arrest.

"They mentioned they were looking for a guy named Abdul," said Radheshwar. "I protested and said 'No, I'm not Abdul', [but] one of them said 'C'mon you look exactly like him.'"

Jovian Radheshwa says he rarely carries a wallet or identification with him when walking around his downtown New Westminster neighbourhood. (Ben Nelms/CBC)

He sayshe eventually managed to walkaway from the officers and meet his friend.

But while he left the situation unscathed, hefears he was racially profiled and stopped without proper evidence. He also acknowledges the situation could have escalated had he not known his rightsor if he panicked or had trouble communicating with the the officers. He has senthis concerns tothe Office of the Police Complaint Commissioner (OPCC).

NWPD, meanwhile, denies the allegations, saying officers briefly stopped Radheshwar to "confirm" his identity and that "he was free to go."

"It's really not fair for me to let this go because, you know, I'm able to say no.I'm able to carry myself in a conversation," said Radheshwar. "I'm just worried for people who don't have that ability."

Description discrepancies

Radheshwarsays his concerns over racialprofiling stemfrom a phone call with NWPD following his interaction with the two officers.

In the report filed with OPCC, Radheshwar claims he spoke with Staff Sgt.Eamonn Wardwho told him officershadn't seen a photo of the suspect, and had only been given a written descriptionwhich stated the suspect was 6 feet tall, Middle Eastern, with a medium complexion and thick black hair.

"There are many people not just in [New Westminster], but in my very apartment building, who could be something like that in terms of how they appear" said Radheshwar, whose background is South Asian.

"And of course the officer said that I looked exactly like him. So how can I look exactly like a written description?"

NWPDhowever denies that officers were working off a written description.

"My understanding is that the police officers, or one of the police officers, who is attending the location on Agnes Street had seen a photo of the suspect," said Sgt. Jeff Scott.

CBCrequestedto see a photo of "Abdul" but did not receive a response before deadline.

CBC also requested aninterview withStaff Sgt. Ward about the information given to officers on July 27.

NWPDdid not respond to that request before deadline.

Civil rights groups warnstreet checks

NWPD, meanwhile, argues that "Abdul" was wanted and eventually arrested on several serious offences, including criminal harassment, breaching a court orderand uttering threats.

"We weren't just arbitrarily street checking somebody," said Sgt. Scott "This was as part of an investigation for four fairly serious offences."

Civil rights advocates, however, believe Radheshwar'sexperience is tantamount to a street check, a controversial police practicedefined as stopping a person outside of an investigation to obtain and record their information.

"People are only legally required to provide identification if they are being detainedor they are being arrested by police," saidB.C. Civil Liberties Associationexecutive directorHarsha Walia.

B.C. Civil Liberties Associationexecutive director Harsha Walia says a person is only legally required to provide identification to police if they are being detained or arrested. (Christian Amundson/CBC)

Earlier this year her organization, along with dozens more, signed an open letter calling on the Vancouver Police Board and the provincial government to end street checks.

"Police will rarely, and almost never actually, let people know that an interaction is voluntary," she said.

"The most important thing to ask is whether you are being legally detained or arrested and if not if you are free to go."

Call for change

Radheshwar, meanwhile, says the incident has made him feel less safe.

"I still think twice now whenever I go outside.It hasn't kept me inside. But I do think about what the cops are doing," he said.

He says he wants NWPDto find better ways to do policing.

CBC requested an interview with New Westminster Mayor and Police Board chairJonathon CotaboutRadheshwar's situation and the practice of street checks, but was told he was on vacation and unavailable to comment.

With files from Andrea Ross