Peel Law Association and Melissa Firth; Human Rights Code; prima facie; prima faciePosted March 4, 2016
2013 ONCA 396 (CanLII); Lerners acted on behalf of the respondent, Peel Law Association, in this Application for Judicial Review. The appellants argued they were racially profiled when they were asked for identification in the library of the Brampton Courthouse, contrary to Ontario’s Human Rights Code. The Divisional Court held that the complainants failed to establish prima facie discrimination. On appeal to the Court of Appeal for Ontario, the Court, among other findings, refined the test for prima facie discrimination put forward by the Divisional Court in favour of a more holistic approach to the evidence. Applying this test, the Court of Appeal allowed the appeal, holding that discrimination was made out in this case.