Racial Profiling
Racial profiling occurs where race or racial stereotypes are used to any degree in suspect selection or subject treatment. [FN] R. v. Le , 2019 SCC 34, at para. 76; R. v. Dudhi , 2019 ONCA 665, at para. 62. Racial profiling can occur even where there is a lawful basis for suspect selection or suspect treatment. That an individual could be lawfully arrested, for instance, does not mean that he/she was lawfully arrested. Having the grounds to arrest does not, in itself, remove the possibility of racial profiling, and thus does not remove the possibility that the arrest was unlawful. A decision need not be motivated solely or even mainly on race or racial stereotypes to nevertheless be “based on” race or racial stereotypes. If illegitimate thinking about race or racial stereotypes factors into suspect selection or subject treatment, any pretence that the decision was reasonable is defeated. The decision will be contaminated by improper thinking and ...