[2010] O.J. No. 4283 (Div. Ct.), Released 6 October 2010
Administrative Law – Standard of Review of
Decisions of the HRTO – Human Rights –
Prima Facie Discrimination on the Basis of
Race
The applicant at the Human Rights Tribunal, a black male, was a
letter carrier with Canada Post. It was his second day delivering
mail in an affluent neighbourhood in Toronto. He was wearing his
Canada Post coat and was carrying a satchel used by letter
carriers.
In response to a number of recent break-and-enters in the area,
the respondent Officer Shaw was patrolling the area with a new
constable, Officer Noto. Officer Shaw alleged that when he first
observed the applicant, he saw him crossing back and forth across
the street in a suspicious manner. Both officers also testified
that they observed the applicant approach a house, knock on the
door, and speak to a woman without delivering any mail.
