Protecting Equality in the Face of Terror: Ethnic and Racial Profiling and S. 15 of the Charter

15 Pages Posted: 13 Feb 2002 Last revised: 14 Sep 2017

See all articles by Sujit Choudhry

Sujit Choudhry

Center for Global Constitutionalism, WZB Berlin Social Science Center

Date Written: 2001

Abstract

Racial and ethnic profiling has burst onto the national agenda in the wake of the horrific events of September 11. Long criticized by academics and public interest organizations examining the workings of the criminal justice and immigration systems, profiling has now, as a result of September 11, attained renewed prominence. What is extraordinary about the debate over profiling is the absence, for the most part, of any analysis of whether it would be constitutional. This chapter assess the constitutionality of racial and ethnic profiling under the equality rights provision (s. 15) of the Canadian Charter of Rights and Freedoms.

Keywords: Equality, Discrimination, Racial Profiling, Ethnic Profiling, Terrorism, Constitutional Law

Suggested Citation

Choudhry, Sujit, Protecting Equality in the Face of Terror: Ethnic and Racial Profiling and S. 15 of the Charter (2001). The Security of Freedom: Essays on Canada’s Anti-Terrorism Bill, R. Daniels, P. Macklem & K. Roach, eds., pp. 163-78, Toronto: University of Toronto Press, 2001. Available at SSRN: https://ssrn.com/abstract=297305

Sujit Choudhry (Contact Author)

Center for Global Constitutionalism, WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

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