There is a lot in this decision: JKB v. Peel (Police Services Board), 2020 HRTO 172 (CanLII), < http://canlii.ca/t/j5mq2 >

Cases aren't easy. It is already a major case in human rights law and shows (another) example of great advocacy and litigation by @RogerLoveLaw

#lawtwitter https://twitter.com/DrsDefundPolice/status/1296837036800987138
One achievement here is making in-roads in legal thinking. Here is the test elaborated at para 137 by Vice Chair Bowlby regarding "the principles to be considered in a policing case involving allegations of racial discrimination" (contd)
•The grounds...do not need to be the sole/major factor in the actions taken...it is sufficient for her to prove that one or more of the prohibited grounds was a factor

•There is no need to prove intention- the focus is on the effect of the respondent’s actions on the applicant
•The evidence supporting the explanation must be credible on all the evidence

•Racial stereotyping will usually be the result of subtle unconscious beliefs, biases and prejudices
•...the ultimate question is whether an inference of discrimination is more probable from the evidence than the actual explanations offered by the respondent

•Discrimination will more often be proven by circumstantial evidence inference rather than direct evidence
The facts of this case and its circumstances are jarring. But what it produces is broader- a landmark test, based on #phipps and #pieters, enshrining the idea that systemically discriminatory institutions must change. They cannot continue with business as usual. #HumanRights
You can follow @jesse_gutman.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled:

By continuing to use the site, you are consenting to the use of cookies as explained in our Cookie Policy to improve your experience.