Police officer's hasty arrest and heightened suspicion of Aboriginal man found to be racial profiling.
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.
McKay v. Toronto Police Services Board, 2011 HRTO 499
