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FBC House negroes Small Claims Court

The Federation of Black Bullies

Len Carby and Richard Picart, two of the original members of the Federation of Black Canadians (FBC) steering committee, are suing me for $45,000 and $35,000 dollars respectively. In fairness, I sued them first, but Carby is also suing the Black single mom, who served my libel suit papers on him, for $35,000. He’s suing her for “falsifying” the document she served on him because she made a couple of mistakes that were quickly corrected. That’s right: Len Carby is suing a Black single mom for doing her job. And he hired a Black woman to help him – Shala McDonald, a paralegal with Okola Law which is owned by another Black woman, Stephanie Okola.

Carby’s law suit against me and the single mom are the latest in confirmed and alleged bad behaviour by former FBC steering committee members.

In my post, Tales from the Plantation #2, I talked about how I was on interchange with the FBC from January to May 2019. Shortly after starting, I began questioning behaviour I felt demonstrated a lack of transparency, competence and connection to community concerns. On May 27, the FBC terminated my interchange. In their email to my department announcing my termination, the FBC made 10 allegations against me including that I had “physically threatened my direct report” at the FBC, a completely false claim. Len Carby sent the email so I launched a $6700 libel suit against him. His $45,000 counter suit alleges that I libelled and slandered him, including calling him a house negro (which I did, but that’s not libel as it’s an opinion…with which Carby clearly disagrees).

On March 27, 2019, when I was working with the FBC, I noticed an item in the minutes from the last meeting about the FBC getting approval to use some funding they had gotten from the Michaelle Jean Foundation (MJF) to support the FBC’s membership growth. As Carby was in charge of finance at the time, and had asked me to work on an application for federal government funding, I asked him how much the MJF funding was. This was relevant because the federal funding application asked what other sources of funding we had.

After several evasive answers, in which he never told me the amount, Carby wrote:

“I suggest you think about these relentless emails. They amount to attempts at bullying and I will not have it. If you copy [your colleague] on any conversation that does not relate to anything he is working on, your email will be ignored. You have a reporting relationship with the FBC though (sic) me and your personal relationship with [your colleague] has nothing to do with that. I am clear with my instructions about the Funding (sic) application and you have everything you need to complete your work.”

He considered my request for transparency as bullying when, in fact, he was the one doing the bullying because he had the power, being my boss.

I called both Carby and Picart house negroes because, in my view, they were behaving like Samuel L. Jackson’s character Stephen in the movie Django Unchained. Stephen is one of plantation owner Calvin Candy’s house negroes. When Stephen realizes that former slave Django is trying to trick his master, he tells his master and gets Django captured and nearly killed. In one scene, with Django hanging upside down, naked in chains, Stephen tells him that they’re not going to castrate him because he would bleed out. Instead they’re going to send him to a work camp where he will be worked to death.

When Carby emailed my department, knowing what I said my white managers had done to me, he was, in my view, engaging in house negro activity like Stephen.

These days, to be considered house negro activity, the activity must benefit those doing it, it must harm the Black community or impede things that could help the community and the people must not reply to – or aggressively resist – questions of accountability.

The topic of house negroes was also raised in March 2021 during the Ontario Judicial Council’s second hearing into judicial misconduct of FBC founder and former Chair, Justice Donald McLeod, a long time friend of Carby. (McLeod was cleared of perjury allegations.)

Justice McLeod’s defence team raised the topic of house negroes on the last day of his 2nd hearing. They called Dr. Wendell Adjetey to testify as he had at McLeod’s first hearing. Adjetey is a McGill University historian who specializes in the post-Reconstruction United States, specializing on the African American experience. Like he did at McLeod’s first hearing, he gave a short outline of the history, and current state, of systemic anti-Black racism in Canada. However, this time, McLeod’s lawyers specifically asked him to explain the significance of the term house negro to the all-white panel. Adjetey then did so, but used the term house n-word instead. McLeod’s lawyers didn’t say why they asked him to do this.

Many folks in the Black community, especially supporters of Justice McLeod, say myself and others, like journalist and author Desmond Cole, shouldn’t write posts like this that “air our community’s dirty laundry in public”. They tell us we should “talk it out in private”.

Did Carby attempt to talk to the single Black mom before deciding to sue her for doing her job?

If Carby cares so much about the Black community and justice, has he asked his employer, the Royal Bank of Canada, why they weren’t among the more than 450 companies that originally signed the Black North Initiative pledge to work to remove corporate Canada’s anti-Black systemic barriers or why a petition was recently launched against RBC for “climate destruction and violation of Indigenous rights”?

People like Carby and Picart don’t want to air our dirty laundry in public or in private – because they’re the ones dirtying it.

We must praise our leaders when they do good and hold them accountable when they do wrong. And we must all realize that we all can step up to lead ourselves in big and small ways.

Notes: Former FBC Chair Dahabo Ahmed-Omer is now Executive Director of the Black North Initiative. My comments apply only to former FBC steering committee members not current ones or staff.

Sometime after this was posted, the Black North Initiative removed all trace of the Pledge or who signed it from their website.

Update – On Oct. 18, 2021, Carby served me with an amended claim in which he revised his claim against Ms. Hylton to $11,017.

Categories
Home ownership Small Claims Court

Small claims, big results: the power of suing our oppressors

Of all the tools Black employees can use to battle the discrimination they face in their federal government jobs small claims court is, by far, the most powerful. There are several reasons for this but the simplest is: when people discriminate against Black people – because we’re Black – they break human rights laws and/or codes and that often means we can sue them. Small claims is also much cheaper and faster than a full trial and includes a mandatory, confidential settlement conference that brings the two parties together with a judge to find a solution and, hopefully, avoid a trial.

Filing a small claims suit in Ontario cost about $100 and can be done online. Once you file your suit, and serve the papers on the defendant (i.e. deliver the papers to them physically, which you can do yourself or hire a bailiff to do for around $100), the defendant has 20 calendar days to respond or they can be found guilty and be required to pay you the amount you’re suing them for. The maximum amount is $35,000.

If they don’t file a defence, you can have them found “in default” which can lead to you having the right to collect your money using a collection agency or even garnishing their wages from their employer. If they file a defence the next step is a mandatory settlement conference that, as mentioned above, brings the two parties together with a judge to find a solution and, hopefully, avoid a trial.

The settlement conference is key to the power of small claims court as it gives the defendant a clear choice: settle, pay you and keep it all confidential or go to trial which will be much more expensive and lengthy, where they’re likely to lose because they broke laws and where everything they did will be made public. Given that choice, most will pay and, if they don’t, you can always take them to trial or drop the suit.

An employee I worked with sued the investigator her department hired to back up some bogus claims against her with an equally bogus report. The investigator got a lawyer to send her a letter saying her suit was “without merit” and threatening to sue her for lots of money if she didn’t drop it. When she ignored the threat, the investigator filed a defence and was then required to attend the mandatory settlement conference which he did with two lawyers. The employee attended by herself. She had sued the investigator for around $7000. When the judge asked her what it would take to settle, she realized she hadn’t really thought about it because it wasn’t about money for her, it was about principle. She blurted out, “$2000”. After it was all over the investigator agreed to pay her $2000.

Since you must physically deliver, or have delivered, your claim documents to the defendant, you must know either their work or home address. With many people working from home during COVID, another likely small claims cost is paying someone to find the address of the person you want sue. I have used a private detective agency twice, for $687 each time. Always include costs like this and hiring a bailiff in the amount for which you’re suing.

Black people across Canada could start making the legal system work for us instead of against us, as it too often does, by suing our oppressors and investing our winnings towards home ownership. We could then teach other folks in our communities to do the same.

Call it the courthouse to our house pipeline.

Now, that would be power.