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Lawyer’s racial profiling case argued at appeal court

December 31st, 2012 - Law Times

In December 2010, an Ontario Human Rights Tribunal ruled Pieters and his two colleagues were racially discriminated against. It cited a complete lack of non-discriminatory reason to ask the applicants for identification.

But a year later, the Ontario Divisional Court completed a judicial review and overturned the tribunal’s decision, concluding the tribunal did not consider all evidence available.

The debate was on again in late December after Nobles and Pieters took their case against Firth and the Peel Law Association to the appeal court. Their case is largely based on circumstantial evidence, including the way the men were approached.

She could have also headed towards them because she was told people had been inappropriately moving the furniture around in the lounge earlier where the three men were sitting, said Mark Freiman, the respondents’ counsel.

“The fact that people in society are discriminatory cannot be used as evidence that a particular [person] was discriminatory,” argued Freiman.

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