A Yukon judge has denied a peace bond request that stemmed from several altercations between a man and Yukon motor vehicles branch staff.

The request for a peace bond was filed by Vern Janz, a supervisor in the office in Whitehorse, against Yonis Melew.

The complaint against Melew is the result of ongoing issues beginning in April 2017. According to a court document, Janz reported that he felt Melew would cause personal injury to him.

This was based on the claim that Melew has been following him around and threatening him. Melew denies the claim, and states that the staff at the office are racist and treat him differently because of his race.

Judge Michael Cozens read through the series of events that brought both parties to court before making his decision last Thursday.

Events began in early April 2017. Motor vehicles client service staff had reported an incident to Janz, their superior.

The person causing the incident was said to have a Yukon government card.

The exact details of this incident were not released, but staff did feel threatened.

Janz then received a voicemail message from a caller requesting a callback. Janz called the number and asked who he was speaking with.

Janz did not get an answer and was hung up on. Janz believes it was Melew.

Court documents revealed that Melew thought he was speaking with Richard Mostyn, the minister responsible for Highways and Public Works and the Public Service Commission.

Janz, remembering the Yukon government identification card, consulted the government directory and found Melew’s name.

Janz emailed a complaint to Lonny Borgfjord, who works in the Department of Health and Social Services. He believed Melew worked there.

The email stated that Janz would not accept inappropriate behaviour toward his staff. This conduct was defined as anything that “threatens the goals of a respectable workplace.”

The email detailed that if this behaviour did not change, Melew would be asked to leave the motor vehicles office.

Melew filed a complaint with the Yukon’s Privacy Commissioner, who sent him a letter on Jan. 18.

The letter explained that use and disclosure of information was not authorized by the Access to Information and Protection of Privacy Act. Cozens did not find this relevant to his decision.

The next incident took place on Oct. 5, 2017, between motor vehicles office staff and Melew.

Staff found that Melew, who was at the office with his spouse, was behaving in a concerning way.

His spouse was looking to obtain a driver’s licence and Melew was acting as an interpreter.

Melew’s spouse was supposed to take a road test but that did not happen due to the altercation.

Janz reported hearing yelling in the client services area. He entered the area and saw Melew being escorted out of the building by staff.

Janz followed Melew to his vehicle, knocked on the window and asked Melew to leave the property.

Janz then sent Melew a letter dated Oct. 5, 2017, informing him that because of all previous incidents, Melew would be unable to return to the premises unless he called to make an appointment 48 hours in advance.

Melew’s spouse’s road test would would take place on Oct. 10, 2017.

Court documents say extra security staff was hired for the day. There was no incident, but there was a report that Melew followed the test vehicle in another vehicle.

On Oct. 11, Melew left a voicemail message to Janz dismissing the new terms of entry to the offices. He reasoned that it’s a public place, and he “can enter a public premises whenever he needs a service.”

Melew called the office’s staff racists who specifically hated African-Canadians.

He complained about the phone number search and called the complaint to Borgfjord bogus. He felt his job was unfairly targeted and bragged that he was not fired.

Melew called for equal treatment, saying Janz became mad and agitated when Melew asked for simple information during his visits to the premises.

According to the court document, on Oct. 13, Melew was reportedly seen pointing at motor vehicles staff who were behind the front desk.

Janz reported that Melew gave him an obscene hand gesture when he left the property.

On Nov. 29, Janz reported that Melew had been following him. Both men were at an event at the Kwanlin Dün Cultural Centre.

Janz saw Melew staring and following him. When Janz went to his car to leave, he said, he saw Melew in his own car with a hoodie pulled over his head.

He said he was followed for two blocks before he decided to head toward the RCMP detachment.

Melew denies following Janz, saying he left the event before Janz did.

On Dec. 18, the staff member – not named in court documents – who refused the road test reported a similar incident. The member reported that Melew shouted obscene language, accused them of being racist and followed them out of a coffee shop for some time.

Melew said he did not follow anyone.

On Jan. 2 of this year, Melew made a public Facebook post where he accused the motor vehicles office staff of racism. He said all claims against him were bogus.

Cozens expressed concern over this post, feeling it could be defamatory and cause legal action in the future, but saying it would have no bearing on his decision. Melew said he has freedom of speech and that justifies his post.

Melew and his spouse filed Yukon Human Rights Commission complaints against Janz earlier this year. The first was filed by the spouse on Jan. 24 and Melew filed his own March 1. Both claimed racial discrimination.

Janz denies being racist or hating African-Canadians. He also denies ever going after Melew’s job or making bogus claims.

Janz said he made the application for the peace bond because of safety concerns, aggressive behaviour and the dealings he has had with Melew since April 2017.

Melew said his problems with Janz started when he tried to switch his Alberta driver’s licence to a Yukon one.

The issue that day was resolved, and both parties were on good terms until his spouse tried to obtain a licence.

The spouse had failed a test by two questions. Melew felt the test was poorly written and staff were holding a grudge against him.

He feels this was all based on his race. He believes this because he has spent the last 25 years with no criminal record and has no demerit points.

In the end, Cozens denied the peace bond because he did not feel the request met all the requirements.

He reasoned that Janz’s concerns were legitimate, but that the series of events did not show enough hostility between the two parties to issue a peace bond. He concluded the matter could be dealt with in a different way.

Cozens pointed to the Nov. 29 incident, saying the action was not egregious and there was no direct repetition.

He added that Melew did take steps to avoid entering the motor vehicles branch office, sending in someone else to do his business.

Despite the denial, Cozens said Janz can make another application later should the need arise.