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ARTICLE · 19 APRIL 2017

What Is The Cost Of Racial Profiling?

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In Elmardy v Toronto Police Services Board, a significant decision by the Divisional Court, the three-judge panel awarded a victim of racial profiling damages of $75,000.

CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
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The Ontario Divisional Court says it's $75,000.

In Elmardy v Toronto Police Services Board, a significant decision by the Divisional Court, the three-judge panel awarded a victim of racial profiling damages of $75,000. Specifically, the court awarded $50,000 for the breaches of the Canadian Charter of Rights and Freedoms and $25,000 in punitive damages against Constable Andrew Pak and the Toronto Police Services Board.

This decision is the largest damage award in Canadian history for a victim of racial profiling. Prior to this decision, $40,000 was awarded in 2012 in Maynard v Toronto Police Services Board. Additionally, this is a turning point in Charter damages: it is the first time a court has awarded damages for racial profiling-related breaches.

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