The appellants, a police officer and the Chief of Police, appealed a Divisional Court decision upholding a Human Rights Tribunal of Ontario finding that the officer discriminated against a Black mail carrier.
The officer stopped and questioned the mail carrier while on patrol in an affluent neighbourhood.
The Court of Appeal dismissed the appeal, finding that the Tribunal reasonably applied the prima facie test for discrimination, correctly placed the onus on the complainant, and properly considered the unique statutory duties of police officers.