Racial profiling is both a historic and contemporary aspect of criminal and human rights jurisprudence in Canada. The racial profiling of individuals and the resulting societal damage is well documented by empirical research. In recent years, criminal courts and tribunals have become more receptive to finding that it exists and awarding the appropriate remedy. However, choosing the proper avenue and satisfying the evidentiary burden required has had its own challenges.
As an advocate, you need to be able to identify racial profiling; to understand what types of racial profiling exist and how they manifest in criminal and quasi criminal forums. What venues are available for racial profiling remedies? What are the benefits and disadvantages of these avenues? Do you know what the evidentiary standard is for the specific remedy sought? Is expert or sociological data required to meet existing evidentiary burdens? How can a client of limited resources satisfy the sometimes onerous evidentiary onus required by courts and tribunals?