Racial Profiling and the HRTO: When Discrimination Is the Real Claim
When you are stopped, followed, searched, or refused service because of your race, the wrong is discrimination — and the Human Rights Tribunal of Ontario is...
Frequently Asked Questions
What counts as racial profiling in Ontario?
Racial profiling is treatment that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin — rather than reasonable suspicion or objective grounds — to single someone out for greater scrutiny or different treatment. It can occur in policing, retail and security, housing, and services, and it is a form of discrimination prohibited by Ontario's Human Rights Code.
How do I prove racial profiling if no one admits to it?
You do not need a confession or direct evidence — discrimination can be inferred from the circumstances. Under the framework from Peel Law Association v. Pieters, you first establish a prima facie case: you have a protected characteristic, you experienced adverse treatment, and the characteristic was a factor in that treatment. The burden then shifts to the other side to give a credible non-discriminatory explanation.
How long do I have to file an HRTO application?
One year. Section 34 of the Human Rights Code requires you to apply within one year of the incident, or within one year of the last incident in a related series. Late applications are allowed only if the delay was in good faith and causes no substantial prejudice, and those extensions are difficult to obtain — so file promptly.
What compensation can the HRTO order for racial profiling?
The Tribunal can order money for injury to your dignity, feelings, and self-respect (which does not require proof of financial loss), compensation for actual financial losses caused by the discrimination, and public-interest remedies such as policy changes or staff training. Awards for injury to dignity vary with the seriousness of the conduct and its impact.
Can a paralegal represent me at the Human Rights Tribunal?
Yes. Licensed Ontario paralegals can represent you at the Human Rights Tribunal of Ontario, from drafting the Form 1 application through mediation and the hearing. The Human Rights Legal Support Centre also provides free assistance to people who have experienced discrimination.
Can I sue in court and file with the HRTO at the same time?
Usually not for the same incident. Under the Human Rights Code, if you have started a civil court proceeding that includes a Code violation over the same events, your HRTO application can be barred. If the profiling was by police you may have both human-rights and civil options, but you generally have to choose — get advice before filing either.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.