ABSTRACT: Racial profiling is a form of racial discrimination exemplified by police when they target individuals because of their race or ethnicity, as opposed to their engagement in criminal behaviour. Canadian courts have recognized that racial profiling constitutes a breach of Charter rights. This is important because bringing a claim for Charter damages is one of the few options available to victims of racial profiling for pursuing compensation. Unfortunately, this remedy is seldom pursued due to financial, social, and psychological barriers. This paper discusses the utility of the class proceeding as a tool for increasing the accessibility of Charter damages for victims of racial profiling. Part A provides an introduction to racial profiling. Part B highlights the consequences of racial profiling and its recognition by Canadian courts. Part C discusses the availability and importance of Charter damages and the complementary nature of the legal frameworks for racial profiling and Charter damages. Part D canvasses the two leading Canadian cases on the certification of Charter damages claims and discusses the uncertainty that persists in the current legal landscape. Part E advocates for the use of class actions to address the inaccessibility of Charter damages and reviews the recent certification of a racial profiling claim in Quebec to support the viability of such claims. Finally, Part F concludes that certification of Charter damages class actions is possible and that further clarification of the legal framework should be pursued to increase access to justice for victims of racial profiling.
Elizabeth Emery (Sun,) studied this question.
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