Controlling Racial Discrimination in Policing: A Discussion Paper

KEVIN DAVIS

ABSTRACT

There is a widespread perception among racial minorities that the Canadian criminal justice system in general and the police in particular discriminate against racial minorities. This paper is about the role that the legal system has to play in regulating racial discrimination in policing. The author refers to the literature providing empirical evidence that the police discriminate against racial minorities when making decisions involving allocation of resources and whether to stop, search, arrest or use force against suspects. He also discusses how various legal mechanisms might be used to control each of these forms of discrimination. These mechanisms include: the police complaints process; disciplinary proceedings under police codes of conduct; the criminal law; human rights legislation; the Charter; and, coroner's inquests. The discussion suggests that further research is required on the problems of proof, remedies and standing involved in using the legal system to regulate racial discrimination in policing.

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Citation: (1993) 51(2) U.T. Fac. L. Rev. 179.
Copyright © 1993. University of Toronto Faculty of Law Review.
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