Indigenous Edmontonian alleges profiling after being ejected from Kingsway Mall
A Cree man believes he was the victim of profiling after he was approached by security guards and escorted out while shopping at Kingsway Mall.
Cory Nicotine, 27, had just bought a sweater and had tried on clothes in several stores when things took an unexpected turn on March 26.
After trying on shorts in the fitting room of one store, Nicotine said he felt a strange vibe from the staff. He left the store without buying anything and went to the washroom in the mall.
When he walked back out into the mall he was met by two security guards.
“They told me the store had called them telling them that I had been in there acting suspicious,” he said. “I know I didn’t do anything wrong.”
Escorted out by security
Nicotine talked to the security officers but was not searched or handed any kind of written caution.
Instead he was escorted from the mall, which is just north of Edmonton’s downtown core, and was told he was being banned for one year. He said he believes security had no reason to approach him.
“I feel tired, because I’m telling the same story that’s been told many times already,” Nicotine said.
Nicotine, who grew up at Saddle Lake Cree Nation, won a national award in December for his work with high-risk youth.
Cory Nicotine doing youth work at iHuman when nominated for a political engagement award in Dec. 15
“It’s funny how it happened to me,” he said. “Because this is the kind of stuff that I advocate for, I try to prevent. Basically that’s why I host these workshops. That’s why I got the Everyday Political Citizen Award.”
He was wearing a hoodie, sweat pants and ball cap that Saturday. And while he has no proof, he can’t help but think it was the way he looked that alerted security.
“I feel they looked at me and felt I was suspicious because either the way I was dressed, [or] the colour of my skin,” Nicotine said.
Edmonton lawyer Kate Engel has taken Nicotine’s case and has written to Kingsway Mall to ask for any closed circuit television footage between 1:30 p.m. to 5 p.m. on that day to be saved and disclosed.
Lawyer request for CCTV footage denied
Engel also asked for any records of what happened, including security reports from March 26.
“There doesn’t appear to be any justifiable reason why he was banned or escorted from the mall,” Engel said, adding her request for access to CCTV footage was denied.
Lawyers for Oxford Properties, the company that owns and manages the mall, denied the request in a letter to Engel.
The letter explains all CCTV footage will be saved but won’t be disclosed because “it would reveal confidential information of a commercial nature; was collected for an investigation or legal proceeding; and would reveal personal information about another individual.”
The records relating to the incident are not being released to Engel either.
In the same letter, Oxford’s lawyers explained those too are subject to an investigation and a possible legal proceeding.
In addition, Oxford’s lawyers said the records contain sensitive personal information about other people and can’t be disclosed without their consent.
Mall confident no racial profiling happened
Jelena Bojic, a spokesperson for Kingsway Mall, said the mall will not make any comment because of possible legal action.
But Bojic said the mall is confident there was no racial profiling in the case, pointing out one of the security officers in question is aboriginal.
Bojic said it’s security’s responsibility to follow up on any concerns raised by the mall’s tenants and confirmed the mall will participate fully in any legal review.
Nicotine agrees one of the guards is indigenous but still thinks he was escorted out because of his appearance.
“One should seriously wonder, because there’s no information to refute that,” said Engel. “Oxford is not providing any reasons for why this happened.”
Engel said she will look to the Provincial Privacy Commissioner to review Oxford’s decision not to release security footage and reports.
She thinks the response from Oxford Properties raises questions.
Engel also acts for indigenous outreach worker Gary Moostoos, who was banned from City Centre Mall in October 2014.
In that case, Engel made a similar request and said Oxford, which also manages that mall, provided reports from security, a dispatch log, the ban form and video of what she she said appeared to be footage from a body camera worn by one of the security agents.
The difference, she thinks, is the Moostoos case had already come out in public and the mall was already under pressure to respond.
Days later it apologized to Moostoos for the way he was treated, lifted the ban and promised to work on building trust with all communities.
Possible human rights complaint
Engel said she filed a human rights complaint in the Moostoos case and is considering the same action on behalf of Cory Nicotine.
Nicotine hopes making his case public will lead to real change.
“How many others has it happened to who don’t want to come forward, because either they’re embarrassed or feel they can’t voice it because nobody will listen?”
gareth.hampshire@cbc.ca
@cbcgareth
