A Toronto man has filed a $225,000 lawsuit alleging racial profiling after a routine trip to the bank led to him being arrested on suspicion of passing a fraudulent cheque, according to a statement of claim filed with the court.
Frantz St. Fleur, 38, was attempting to deposit a $9,000 cheque at the Scotiabank location at Scarborough Town Centre when the police showed up and arrested him, based on information provided by bank staff, according to the statement of claim.
The cheque was from a refunded real estate deposit after a condo purchase fell through. The cheque was valid, realtor Re/Max said in a statement to the Star.
“It was horrible. The worst thing that ever happened to me. I’ve never been arrested (in) my life. It was a Saturday morning; the bank was full and the mall also,” St. Fleur told the Star. “Everybody was looking at me and nothing was done quietly. Everybody saw everything that happened.”
In a statement to the Star, the bank called the treatment he received “unacceptable.”
“Customers are our No. 1 priority and are treated with the utmost respect. The treatment of Mr. St. Fleur was unacceptable and we have apologized and made an initial offer to reverse certain fees on his account and then offered an additional goodwill gesture in the spring. We have also worked with our employees to ensure that this does not happen again,” the bank said.
St. Fleur, 38, a Haitian-born citizen of Canada, has filed a lawsuit alleging racial profiling in connection with the arrest. The suit names the Bank of Nova Scotia, or Scotiabank, the Toronto Police Services Board and Re/Max Community Realty Inc. It claims more than $225,000 in damages.
“I filed this suit because I’m still looking for answers about why this happened. I banked with them for almost 10 years — since 2005,” said St. Fleur.
“I have all my accounts with them. I’m looking for answers about exactly why they did what they did.”
The statement of claim, filed in court on Oct. 17, contains allegations that are a part of a civil lawsuit. The allegations have not been tested in court.
St. Fleur was issued a $9,000 cheque by Re/Max in April 2014, according to the statement of claim. The cheque was to return a deposit St. Fleur had paid towards a condo, using funds he had withdrawn from his Scotiabank tax-free savings account. The unit didn’t pass muster, and Re/Max returned the funds to St. Fleur by cheque.
“I want people to know. Everyone is equal in Canada … everyone is equal. With what happened, I realized there is something that needs to be fixed. I want everybody else to know,” St. Fleur told the Star.
“I’m not looking for money, but I want everybody to know about what happened so that it never happens to anybody else. There’s no other reason it happened. Because I’m black. I’m black, and in the bank with a $9,000 cheque.”
In an email to the Star, Scotiabank spokesman Andrew Chornenky wrote: “Unfortunately, because this matter is before the courts we can’t comment on the specifics.
“It is Scotiabank’s policy to treat every customer fairly and with respect regardless of race, national or ethnic origin, gender, colour, sexual orientation, or religion.”
Scotiabank apologized personally to St. Fleur in a letter sent shortly after the incident. It offers to refund two years’ worth of banking fees to St. Fleur — which he said totals about $100.
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