The article, Surge of Racial Profiling Complaints Possible as Procedural Hurdle Cleared, centers on the concern of a possible flow of racial profiling complaints now that the Human Rights Tribunal of Ontario will be open to hearing cases already considered to have been dealt with.
The police argue that they already have a system in place to deal with complaints like racial profiling. Many of the complaints against police are referred back to the force for review and potential investigation. Last year, the Ontario Provincial Police started a judicial review in the decision of Claybourn v. Toronto Police Services Board. In this case, the Human Rights Tribunal of Ontario heard complaints against the police even though there was an internal investigation that had already shown the complaints to be unmerited. The judicial review application stated that the tribunal did not interpret the Human Rights Code properly, and parties should not be able to re-litigate issues that have already been decided.
Human Rights lawyer Bruce Best, along with many others, believes there needs to be independence when handling these complaints, which simply cannot happen when police investigate themselves. The tribunal has heard at least five cases stemming from racial profiling in the last few weeks, even despite the judicial review in the Claybourn v. Toronto Police case. Avvy Go, a Toronto lawyer, says that police are not qualified to make decisions regarding human rights complaints. Advocates who agree that racial profiling cases already heard by the police can be heard again by the tribunal say it is a matter of fairness. It would not be fair for someone who has a complaint regarding discrimination not to be able to voice that complaint in front of the Human Rights Tribunal. These advocates say that discrimination complaints just simply cannot be dealt with under the Police Services Act, and must be addressed according to the Human Rights Act.
By Lisa-Marie Hill
300 772 538
Surge of Racial Profiling Complaints Possible as Procedural Hurdle Cleared
Written by Yamri Taddese
Pubished Monday March 31, 2014
Retrieved on May 30, 2014 at http://lawtimesnews.com/201403313880/headline-news/surge-of-racial-profiling-complaints-possible-as-procedural-hurdle-cleared