E-Racing Racial Profiling
(2004) 41:4 Alberta Law Review 905-933
31 Pages Posted: 4 Mar 2016 Last revised: 5 Mar 2016
Racial profiling remains a serious and systemic problem in Canada. In 2004, I wrote this article addressing the naysayers - those who denied the systemic existence of the problem - as well as to identify a number of policy and law reform recommendations for addressing the problem. Even though the article is well over a decade old, the recommendations remain relevant today. They include mandatory data collection and anti-racial profiling legislation. I also set out a number of law reform recommendations including:
Recommendation #1: The Supreme Curt of Canada should over-rule R v Ladouceur.
Recommendation #2: Courts must factor in the relevant social context of racial profiling when determining the Charter standards to guide police powers of stop and search.
Recommendation #3: The Crown should bear the onus under section 9 of establishing on a balance of probabilities that a vehicle stop was not the result of racial profiling.
Recommendation #4: All street level criminal investigations should be deemed a detention for section 9 purposes.
Keywords: Racial Profiling, Data Collection, Charter of Rights and Freedoms, Canada, Criminal Procedure
Suggested Citation: Suggested Citation