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Rastafarian files human rights complaint against Surrey Pretrial Services Centre

A hearing is set for five days starting on June 23
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Surrey Pretrial Service Centre in Newton.

A Rastafarian has filed a complaint with the British Columbia Human Rights Tribunal against Surrey Pretrial Services Centre, claiming he was mistreated by correctional officers for practicing his religion. 

Tribunal member Laila Said Alam in her March 19 reasons for decision, concerning an application from the respondent to have excluded expert evidence, doesn't reveal exactly what the complainant David Somers' association was or is to the centre.

Surrey Pretrial Services Centre denies discriminating against Somers and a hearing is set for five days starting on June 23.

To support his claim, Somers sought to have admitted into evidence an "expert report" by Jah Lex, a Rastafarian elder and crown prophet of the Bobd Shanti Rastafari order, titled "Rastafari movement, culture, way of life and spiritual realms."

The respondent objected to its admissibility on grounds it doesn't satisfy usual standards of an expert report. Alam decided to grant the respondent's application in part, noting in her that the tribunal "has discretion to admit evidence that it considers 'necessary and appropriate, whether or not the evidence or information would be admissible in a court of law.'香蕉视频直播

Somers is seeking compensation for alleged injury to his "dignity, feelings, and self-respect."

"Mr. Somers says that the question of whether wearing a head covering is a religious requirement as part of Rastafarianism is a live legal issue. I agree," Alam decided, adding that "the questions that the expert witness was asked to answer is not before me."

"Mr. Somers says that Jah Lex, as a Crown Prophet, within the Rastafarian religion is qualified to speak about the religious tenets and requirements of Rastafarianism," she noted. "In sum, I am satisfied that the expert witness香蕉视频直播 proposed evidence meets the threshold criteria for admissibility."

The respondent, however, argued that "overall" the report "provides no context to his purported expertise," she also noted.

Alam said she shared some of the respondent's concern, finding some of Jah Lex's opinions "not relevant such as his own experiences of discrimination and his understanding of the experiences of other Rastafarian employees of the Bridges of Canada working in correctional institutions. These are opinions that would not be admissible at the hearing, and I put Mr. Somers on notice to caution their witness on what evidence is and is not appropriate to tender as an expert witness."

"I admit Jah Lex香蕉视频直播檚 Report as a written summary of opinion," Alam concluded. "He will be called as a witness during Mr. Somers case and be subject to examination by the parties."

 



About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the Surrey Now-Leader.
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