Jonathan Rudin

The plaintiffs sought to certify a class action against the Toronto Police Services Board and several Chiefs of Police regarding the practice of 'carding' or street checks.

The plaintiffs alleged that the practice disproportionately targeted Black and Indigenous individuals, violating their Charter rights and constituting systemic negligence and intrusion upon seclusion.

The court found that the plaintiffs met all the criteria for certification under section 5(1) of the Class Proceedings Act, 1992, including establishing a valid cause of action, an identifiable class, common issues, preferable procedure, and suitable representative plaintiffs.

The motion for certification was granted.

The complainant, an Aboriginal man, alleged he was subjected to racially biased policing when he was stopped, investigated, and arrested for possession of stolen property (his own bicycle) by a Toronto police officer.

The Tribunal found that the officer's heightened suspicions, closed-minded investigation, hasty arrest based on flawed information, and post-release demands were influenced by negative stereotypes about Aboriginal people lacking credibility and being prone to criminality.

The Tribunal concluded that the complainant's race was a factor in his treatment, establishing a case of racial discrimination in the provision of policing services.

The hearing was bifurcated, with liability and remedies to be determined subsequently.