Summary

Keywords

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Summary

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Constitutional law - Charter of Rights - Fundamental justice - Search and seizure - Arbitrary detention - Racial profiling - Whether current test for finding of racial profiling in matters of traffic stops inadequate - Whether Court of Appeal applied correct test for reasonable apprehension of bias - Whether dismissal of Applicants' actions by trial judge and affirming of that decision by Court of Appeal resulted in miscarriage of justice.

The Applicants commenced two separate actions against the Respondents for alleged police misconduct arising out of their apprehension and arrest on December 1, 1997. The Applicants claimed that they were the victims of racial profiling throughout their encounter with the police. The actions sought damages for breach of their rights under the Canadian Charter of Rights and Freedoms. They also sought damages against the Respondent Board for negligence in the training and supervision of the defendant officers. The actions were tried together over several weeks.

Lower Court Rulings