You People (Racist Comment)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-26
CLNP Page ID:	1997
Page Categories:	[Human Rights]
Citation:	You People (Racist Comment), CLNP 1997, <>, retrieved on 2024-11-26
Editor:	Sharvey
Last Updated:	2022/09/08

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Rowe v. 416 Community Support for Women, 2010 HRTO 2235 (CanLII)

[30] The applicant called one witness who was present for this incident. This witness states that the White staff member said that the applicant didn’t deserve pizza because it was only for workers. This witness testified that the White staff member used the term “you people” and that when the altercation between the White staff member and the applicant broke out, she heard the word “bitches” used. This witness states that she did not hear the White staff member say “Black bitches”, although she was on her way downstairs and didn’t hear the whole exchange. This witness states that she spoke to the personal respondent about the incident and asked if the personal respondent was going to speak to them about their behaviour, but she states that the White staff member did not receive any reprimand.

[31] The White staff member testified that when the pizza arrived, she went out to get the pizza, and the applicant came in and took the pizza. This witness states that she said, “I don’t think so, this is for the workers”. This witness states that she grabbed the pizza out of the applicant’s hands, and took it in to the staff who were cleaning up downstairs. This witness denies that she referred to the applicant or other staff as “Black bitches” or “bitches”. She states that she doesn’t think it is possible that she referred to the applicant and others as “you people”, although she may have said “you guys”. She also states that the applicant did not throw the pizza on the floor and that there was no physical altercation. This witness states that no-one spoke to her about the incident, although in response to my questions, she said that the personal respondent may have spoken to her that day and she just doesn’t recall it. She states that her relationship with the applicant was fine before this incident and fine afterwards.

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[36] Third, the only witness called by the applicant in relation to this incident did not provide evidence to corroborate that the White staff member used the term “Black bitches”. Further, while this witness states that she heard the word “bitches” used, she did not attribute the use of this word specifically to the White staff member. Rather, her evidence is that the White staff member used the term “you people”.

[37] In consideration of all of the evidence before me, I find that I do not have sufficient reliable evidence to establish that the White staff member used the term “Black bitches” in reference to the applicant and other staff members. While the White staff member may have said “you people” or “you guys”, I find that she was referring to the staff members whom she did not regard as helping out with the clean-up, and not as a racial comment. As I have found that the evidence does not support that this alleged racial comment was made, I find that no allegation of a racial comment was raised by the applicant with the personal respondent and accordingly that there was no failure by the personal respondent to appropriately respond to an alleged violation of the Code.

Sourial v. Dana Hospitality GP Inc., 2019 HRTO 50 (CanLII)

[19] Context counts. Generally speaking, the words, “your people” or “you people”, may well signal a racist comment, particularly involving a stereotype, but the entire sentence and its context require examination.

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[23] As stated in George v. 1735475 Ontario Limited, 2017 HRTO 761, (“George”) this Tribunal has found the term, “you people”, when applied to a racialized group, to be racially discriminatory language, particularly when combined with derogatory references to racialized persons as being “stupid” or not being able to do anything right, as was the context in George. (See also Baylis-Flannery v. DeWilde (Tri Community Physiotherapy), 2003 HRTO 28). The same would no doubt be true regarding the term “your people”. The highly negative context with respect to the group in George, however, is in stark contrast to the case at hand. In this case, Ms. Cole’s conversation about the Ancient Egyptian’s numerical achievement was complimentary, not derogatory. In the context of their earlier, friendly discussion in which the applicant raised his background and the fact that he was Egyptian, and in which they together praised what they both believed to be a numeric achievement of Ancient Egypt, I find that Ms. Cole did not include the phrase, “your people”, in reference to any inability of Egyptians, and certainly not to any inability of Egyptians to spell.