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Racial discrimination complaint resolved through mediation

July 24, 2019

The Saskatchewan Human Rights Commission is pleased to announce that a settlement has been reached in a complaint of discrimination based on ancestry and race.

On July 26, 2017, Mr. Kamao Cappo, an Indigenous man, entered Canadian Tire Store #629 (the “Store”) to purchase a new chainsaw. While at the Store, he was approached by a store manager who asked Mr. Cappo to leave. When Mr. Cappo asked why he had to leave, an incident occurred which escalated and resulted in a store manager using physical force against Mr. Cappo. In response to this incident, Mr. Cappo filed a Human Rights Complaint against the Store.

The complaint was resolved in mediation.

“The Commission uses a restorative, face-to-face mediation model that invites party-driven resolution,” said David Arnot, Chief Commissioner of the SHRC. “It is a model that offers people the chance to talk, the chance to understand each other, and the chance to tailor resolutions to their own needs.”

The Store formally apologized and acknowledged the hurt the incident caused Mr. Cappo. The mediated settlement agreement ensures that the Store will develop training designed to train its members to properly serve customers of all backgrounds, with a specific focus on cultural competency training to strengthen relationships with Indigenous customers.

The SHRC supports the Store’s commitment to its new training policy and to the Truth and Reconciliation Commission’s Calls to Action.

“Consensus outcomes like this are a fine example of how to correct problems of the past while improving relationships for the future,” said Chief Commissioner Arnot. “This is reconciliation in action. This is how we begin to understand each other and to grow – as a people and as a province.”

Joint Public Statement

On July 26, 2017, Mr. Kamao Cappo, an Indigenous man, entered Canadian Tire Store #629 (the “Store”) to purchase a new chainsaw. While at the Store, he was approached by a store manager who asked Mr. Cappo to leave. When Mr. Cappo asked why he had to leave, an incident occurred which escalated and resulted in a store manager using physical force against Mr. Cappo. In response to this incident, Mr. Cappo filed a Human Rights Complaint against the Store.

The parties have reached a mutually agreeable resolution.

The Store formally acknowledges the hurt suffered by Mr. Cappo as a result of the incident and the force used against him. Mr. Francois Brien, owner of the Store, formally apologizes to Mr. Cappo for the incident.

The Store recognizes that members of Indigenous communities in Regina have suffered and continue to suffer from incidents of actual and perceived racism. As a result, the Store has taken proactive steps to ensure that it can become an example for how to provide exceptional customer service to Indigenous customers. To that end, the Store has undertaken to develop organization wide training to train its members about how to properly serve customers of all backgrounds, with a specific focus on cultural competency training to strengthen relationships with Indigenous customers.

The Store remains committed to serving all members of the public. It is our hope that through this incident, and the training implemented, the Store will emerge as a stronger and more responsive organization that can better serve its customers.

Mr.Cappo expresses his gratitude to the Saskatchewan Human Right Commission and his lawyer Larry Kowalchuk for their support throughout. “I look forward to working with the Store in developing effective change to address racism towards Indigenous communities in Regina, and perhaps develop models for others in the retail industry. Mr. Cappo further stated: “I appreciate the response of Mr. Francois Brien and the good faith settlement we achieved. Most importantly, I accept his apology and say thank you”.