R. v. Richards, 1999 CanLII 1602 (ON C.A.)
[24] Racial profiling is criminal profiling based on race. Racial or colour profiling refers to that phenomenon whereby certain criminal activity is attributed to an identified group in society on the basis of race or colour resulting in the targeting
of individual members of that group. In this context, race is illegitimately used as a proxy for the criminality or general criminal propensity of an entire racial group.
[25] (...)The Crown conceded that it had the burden of proving that the arrest was lawful. If there was a reasonable doubt that the demand under s. 33 was racially motivated, the arrest was unlawful and the appellant was entitled to be acquitted. Appropriately, the trial judge dealt with the case on that basis.
*** L'auteur de ce blog suggère de lire la décision R. v. Campbell, 2005 CanLII 2337 (QC C.Q.) pour avoir un tour d'horizon assez exhaustif sur la question du profilage racial ***
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