The human rights complaint was settled between TD Bank and an Indigenous Muslim man who alleged he was racially profiled while trying to open a bank account at a branch in Surrey, British Columbia.
Sharif Mohammed Bhamji, member of the Heiltsuk Nation, said he hopes his case serves as an example for others who have experienced similar injustices and encourages them to speak out.
“It’s not the solution, but it’s definitely part of it, and I’m glad to be part of the solution,” he said in an interview.
Bhamjee and TD executives took part in the traditional Heiltsuk ablution ceremony on Sunday at Bella Bella, a healing ritual that the country's elected leader says sets the bar for corporate responsibility.
The monetary value of the settlement has not been made public, said Heiltsuk First Nation, which joined Bhamjee in filing a complaint with the Canadian Human Rights Commission in 2022.
But in a press release, the Nation said this included general damages, funds for the Urban Heiltsuk support group in Vancouver and funding to cover the cost of the wash ceremony.
It said TD Bank also improved training and the process for using status cards “to the satisfaction of all involved.”
The settlement agreement marks the conclusion about a complaint that was made in May 2021 when Bhamjee walked into a TD branch near his home in Surrey to verify his identity after filling out the online portion of the banking application.
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When he produced his Indian status card, the cashier, apparently puzzled by his Muslim surname, told him it was a fake, Bhamjee said Sunday.
Bhamji's father is a Muslim from India, and his mother is a member of the Heiltsuk First Nation on the northwest coast of British Columbia.
“I ended up leaving disappointed,” he said.
He thought that was the end of it, saying it was not unusual for him to experience racial profiling.
“I was absolutely sure that our business was over and I would have to look for another place, and that was the end of it,” he said.
But he was surprised when the police came to his house to inquire about the situation and inquired about his name and status.
“They realized that nothing was fraudulent and no charges were filed, but this situation led us to where we are today,” he said of the human rights complaint.
“I felt like I needed to do something, just because it was so wrong. The situation felt so wrong.”
TD spokesman Mick Ramos said in an emailed statement that the bank is committed to “doing better and has since taken steps to learn from” the situation and ensure “this does not happen again.”
“We recognize that unconscious bias can lead to discrimination and we sincerely apologize to Mr. Bhamjee for his experiences,” Ramos said in a statement.
“We also apologize to Mr. Bhamjee’s family, the Heiltsuk people and members of his community.”
Bhamjee and members of TD's executive leadership took part in a traditional ablution ceremony, which Marilyn Slett, elected chief of the Heiltsuk Nation, said is one of the most significant steps in the human rights process.
She said the bank's participation in the healing ceremony sets “a precedent for corporate responsibility in Canada.”
“It really helps in healing traumatic cases like what happened to Sharif,” she said in an interview.
The situation is not isolated, Slett said, pointing to another human rights complaint filed by the Heiltsuk Nation against BMO.
Maxwell Johnson, who along with the Heiltsuk Tribal Council entered into an agreement with BMO after he and his 12-year-old granddaughter were handcuffed in 2019 after trying to open a bank account.
Johnson and the Nation also settled with the Vancouver Police Department, but Slett said the arresting officers abandoned the planned wash-out ceremony, “not allowing the incident to heal and close.”
The Vancouver Police Department did not immediately respond to requests for comment.
Slett said both scenarios do much to raise awareness of racial injustice.
Cases like Johnson and Bhamjee's provide an opportunity for banks and other corporate entities to “look at their processes and their policies and make those changes so this doesn't happen again,” she said.
Bhamjee agreed, saying he hoped it signaled a larger cultural shift, adding that he had moved his business to another bank, where he intended to remain.
“I don’t have any negative feelings towards TD Bank,” he concluded. “I’m glad they worked with us and were able to find a solution with us.”
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