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.