The Club Ordered To Pay $30,000 In Damages
Surinderjit “Sarge” Rai, Manjit Gill and Manjinder Gill have been awarded $10,000 each for injury to dignity and self-respect. “We wanted to make sure Shark Club could not get away with this type of discrimination in this day and age” said Rai.
By Harinder Mahil
SURREY – The B.C. Human Rights Tribunal, in a decision released last week, found that the Shark Club of Langley had racially discriminated against three Indo-Canadians when they were denied entry to the club on December 9, 2011.
Surinderjit “Sarge” Rai, Manjit Gill and Manjinder Gill have been awarded $10,000 each for injury to dignity and self-respect.
Contacted at his home in Surrey, Rai said he was extremely pleased with the Tribunal’s decision. “We wanted to make sure Shark Club could not get away with this type of discrimination in this day and age” said Rai.
Rai said that he and the other two complainants “could not believe that Shark Club witnesses would fabricate a story to protect themselves and their interests.”
Manjit Gill said that the whole process was “very emotional and stressful but it was comforting and empowering knowing that we had so much support.” Gill said, “I hope that my children learn that if mom and dad can stand up against such a large organization to defend their rights, so can they.”
On the day in question, Rai and his friends arrived 15 minutes late for their reservation and were denied entry to the club. They were unable to join their friends who were already inside the club. The group was told by doorman Andrew Schmah that the club had been reserved for a party and they could only enter if they purchased tickets or were on a reservation list for which they were not late.
The three Indo-Canadians offered to purchase tickets and pleaded with the doormen to let them in but they were not allowed in. They saw several Caucasian customers being allowed into the club. They asked some Caucasians whether they had reservations or tickets for the restaurant and a number of them said they did not have tickets or reservations.
When one of the complainants asked the doorman whey others were being allowed in, he responded by saying: “none of your f…ing business.”
When Rai asked the doorman his name the doorman, with a smirk on his face, said “Andrew Marcus.” Rai believed that the doorman was giving him a fake name and took the doorman’s picture with his phone camera. The doorman charged at Rai, grabbed him in a headlock and threw him to the ground violently.
At this point their friends, who were inside, learned of what happened and came out of the club and left the premises.
Tribunal member Norman Trerise called the facts of the evening “disturbing” and noted that the doorman and other witnesses on behalf of the Shark Club gave inconsistent testimony. He observed that the complainants and their witnesses “were impressive, upstanding, articulate and well-controlled throughout the hearing.”
In a 56-page ruling the tribunal member wrote: “The witnesses for the Shark Club advanced a scenario for the evening of December 9, 2011 which I have rejected. Applying Mezghrani, I find that the combination of the Rai group’s persistent inability to access the Shark Club, the continued refusal to admit them while allowing Caucasian patrons unrestricted access, the fabrication by the respondent’s witnesses of the reason for denying them entrance and the physical assault on Mr. Rai, all in the absence of alleged provocation, satisfy me that the Rai group’s race, colour and ancestry were factors in the actions of Mr. Schmah on the evening of December 9, 2011.”
The Tribunal member concluded that the respondents’ argument that the group was denied entry because Rai lacked proper identification was a fabrication. He also found the doorman’s claims that Rai had been belligerent were unsubstantiated.
I commend Surinderjit Rai, Manjit Gill and Manjinder Gill for pursuing their complaints despite the fact they were not represented by legal counsel. Their determination is inspiration to others who face discrimination in Canada.
I hope that others will learn from the three individuals’ experience and fight against all forms of discrimination.
Harinder Mahil is a human rights activist in the Indo-Canadian community. He is a director of the Dr. Hari Sharma Foundation and can be contacted at [email protected].
