E-Racing Racial Profiling

(2004) 41:4 Alberta Law Review 905-933

31 Pages Posted: 4 Mar 2016 Last revised: 5 Mar 2016

See all articles by David M Tanovich

David M Tanovich

University of Windsor - Faculty of Law

Abstract

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

Tanovich, David M, E-Racing Racial Profiling. (2004) 41:4 Alberta Law Review 905-933. Available at SSRN: https://ssrn.com/abstract=2741331

David M Tanovich (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4
Canada
519-253-3000 (ext. 2966) (Phone)

HOME PAGE: http://www.uwindsor.ca/law/tanovich/

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