Racial Profiling: Know Your Rights
If you are Black in Canada – it is likely you have experienced racism in all areas of your life. Race continues to be a significant issue of Canadian society. Race creates and continues to sustain inequalities for African Canadians. Whether racism is upfront and in your face, such as name calling, or spoken in whispers behind closed doors, it affects every facet of people’s lives.
Racial profiling is one of the most common and harmful forms of racism faced by racialized people in their interaction with the criminal justice system. The African Nova Scotian community is subjected to much greater police surveillance and racial profiling compared with non racialized communities.
The themes throughout the focus groups were feelings of segregation, alienation and anger. One person described her emotions on a daily basis as:
“… I feel - I am in a state of anxiety, ready for battle. I am conditioned to my feelings of anger. I am consistently trying to interpret situations in my head to help me deal with what may happen - always on alert because I never know when it is going to hit me - when my culture and identity will be attacked simply because of the colour of my skin”.
One Halifax man told me he often feels like a subject of police interest:
“I have been racially profiled by police. I was just walking down the street and the car kept driving up and down, up and down the same street. So, when I see the car approach me I was not surprised but I felt sick, almost wanting to throw up because I was scared – but then mad, I mean really mad. That feeling stayed with me all day, not something you just get over.”
African Nova Scotians are 2.3% of the provincial population (most live in the Halifax area). In 2014 in Halifax, there were 6,798 street checks in Halifax (1.7% of population). In the same year in Halifax, 16% of youth sentenced to a correctional facility were African Nova Scotians,14% of adults sentenced to jail were African Nova Scotian. In 2017, Halifax Regional Police (HRP) released a report which indicated that 33% of Halifax's Black population had been a victim of police checks. I would argue that racism, racial profiling and more intense police scrutiny of African Nova Scotians may explain the over-representation of racialized people in arrests and custody. These statistics may explain the over-representation of African Nova Scotians in arrests.
To help address the over representation of African Nova Scotians in arrest and provide knowledge around racial profiling and police, I facilitated several community engagements. I participated in a combination of round table discussions with leaders in the community and small focus groups in Halifax and Dartmouth from September 30 to November 10, 2016. The hope was to gain an informed, deeper understanding of racial profiling in Halifax Municipality by hearing the voices, experiences and stories of African Nova Scotians in this city. I spoke with 29 individuals ranging in age from 16 – 45 in the Halifax Regional Municipality (HRM).
The widespread experience of people in communities that have been subject to racial profiling by police is that they feel they are under siege and living in constant fear. In essence, it robs racialized people in Nova Scotia of their sense of citizenship and belonging within our province.
For the purpose of this article, I define racial profiling as a racial bias in policing, where African Canadians are more likely to be watched, stopped, questioned, searched and arrested by police than members of other racialized groups or whites.
Here in Canada racial profiling may be broadly defined as any action undertaken for reasons of safety, security, or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place or origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment (Ontario Human Rights Commission).
It is essential to understand your rights and responsibilities under the law in order to better protect yourself from racial profiling.
Provincial and Territorial human rights laws (anti-discrimination laws), such as Nova Scotia’s Human Rights Act, apply to most workplaces and service providers. The Canadian Human Rights Act applies to services provided by federally regulated employers, businesses and organizations.
Federal and Provincial human rights laws are designed to protect individuals from discriminatory practices. These human rights laws forbid discriminatory actions or behaviours on the basis of what are referred to as “prohibited grounds”. Examples of prohibited grounds of discrimination are sex, sexual orientation, race, marital status, creed, age, colour, and disability, political or religious belief.
The Canadian Constitution is the Supreme law of Canada. It outlines the powers of the different levels and branches of government.
The Charter of Rights and Freedoms (the Charter) is part of the Constitution, and sets out our fundamental rights and freedoms. The Charter applies to all government actions, and protects people in Canada from government policies and actions that may have violated a person’s fundamental rights and freedoms. When your rights are limited or infringed (violated) by the law or by a government action, it is up to government to demonstrate that those limits are justified and consistent with the values of a “free and democratic society”
Several sections of the Charter are relevant to someone who has been racially profiled; in particular, sections 7, 8, 9, 10,11, and 15.
Section 7: Everyone has the right to life, liberty and security (physical and psychological safety) of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
This section means the government can only limit or take away these rights if they follow fair legal procedures that are based on just laws. For example, if you are accused of a crime you have a right to a “fair judicial process”, including:
- a judge without bias
- having a lawyer represent you
- the opportunity to fully defend yourself.
Section 8: Everyone has the right to be secure against unreasonable search and seizure.
This means that a police officer cannot search you or your property, or seize your property, without a valid reason. For example the police can search you if you consent to a search, or if they suspect you have committed a crime and have arrested you.
Section 9: Everyone has the right not be arbitrarily detained or imprisoned
This means you cannot be held against your will or imprisoned by a police officer for no reason. To find out if you are under arrest or being detained, politely ask the officers, “Am I under arrest?” If they say yes, you can ask why. Or, you may ask the officer “Am I free to go?”, and if the answer is no, ask “why not?”
Section 10: Everyone has the right on arrest or detention:
- to be informed promptly of the reasons thereof;
- to retain and instruct counsel without delay and to be informed of that right; and
- to be released if the detention is not lawful.
This section grants you the right, if you have been arrested or detained, to be told why and to be given the opportunity to speak with a lawyer promptly.
The police have a right to briefly detain you if they are investigating a crime and have “reasonable grounds” to believe that you are connected to that crime.
Reasonable Grounds: The arresting officer must personally believe there are grounds for the arrest. Those grounds must also be justifiable from an objective (without bias) point of view. For example; a reasonable person placed in the position of the officer must be able to determine that there were indeed reasonable grounds for the arrest
If you have been detained but not arrested, and a police officer believes that there are reasonable grounds to think that his safety or the safety of others is at risk, the officer may do a “pat-down” search of you to check for weapons.
Let’s say for example; the police are doing a valid check point for MVI stickers - you may be arrested if police see signs of impairment and ask you to take a roadside breath test (a breath sample) and you fail. Police have the grounds to arrest you and demand that you take a breathalyzer test.
If you are arrested or detained the Police must:
- tell you why you are a suspect or what is the charge
- tell you that you have a right to speak with a lawyer
- give you a chance to speak with a lawyer promptly.
Section 11(a)(b)(d). Any person charged with an offence has the right
a) To be informed without unreasonable delay of the specific offence
You have a right to be told what you have been charged with at the time of the offence.
b) To be tried within a reasonable time
This amount of time must be fairly necessary to do what is required for the investigation and court proceedings. The Supreme Court of Canada is the highest court in Canada, and recently decided a case explaining what a reasonable time is. For details see the Supreme Court of Canada decision in R v Jordan, 2016.
d) to be presumed innocent until proven guilty
This means that it is not up to the accused to prove their innocence. It is up the Public Prosecution Service (government) to prove guilt of the accused.
Everyone has these and other rights under this section if charged with a criminal offence. This section protects individuals as they find their way through the criminal justice system.
Section 15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability
This section means that police officers cannot discriminate against you or treat you unfairly solely because you are a particular race, or colour.
Please visit this link for a complete list of Charter rights and stages when charged with an offence: www.chartercases.com/category/legal-rights/
IF YOU ARE SUBJECT TO RACIAL PROFILING
Now that you have some brief background on the law let’s discuss what steps you might take if you feel you have been subject of racial profiling.
“There is no Access to Justice for me or my community – Justice is a joke” Female youth in Halifax
After speaking with individuals in the focus groups it became clear that people did not know what to do or who to talk to about their situation if they had been racially profiled by police. One young man said:
“ …after the police let me drive off, I felt angry and I started driving to the police station…. I was going to tell on him, tell his boss what he did. But then.. I parked in front and felt stupid.. I didn’t get a badge number, I didn’t get a name and the only thing I knew was he was white. I thought no one will take me serious or even believe me, it will be his story against my story.”
IF THE POLICE APPROACH YOU ON THE STREET
When approached, a police officer can ask you questions but they must let you go if there is no reason to hold you. However, if you are arrested you must give the police your name. For example, if you are stopped by a police officer who wants to give you a ticket for not wearing a bike helmet, you must give her your name so the officer can fill out the ticket.
The police officer must have a reason to stop you. If an officer has a "reasonable suspicion" that you were involved in a criminal offence, it may be enough to justify the officer stopping you on the street. (R v. Cunsolo, 2008)
TIPS IF ARRESTED
-contact a lawyer as soon as possible
- stay calm
- be polite
- use good judgment and your discretion
The police have a right to detain people for investigative purposes. The investigation must be based on a "reasonable suspicion that the particular individual is implicated in the criminal activity under investigation" for it to be considered lawful. (R v Mann, 2004 SCC 52).
For example - if the police find you in a vehicle where people are transporting or drinking alcohol illegally, and they believe that you have alcohol, there is “reasonable suspicion” for further investigation.
During the focus group we discussed the topic of “access to justice”. Comments were similar; people felt their communities were treated differently than white communities, and that justice was not fair or equal. One Dartmouth man said he felt that he was constantly being judged.
“young, black and driving a car late at night – you must be a drug dealer, or up to no good. For once I would like the police to see me driving and think …oh maybe he is going to the movies….”
Remember, if you have been stopped by the police you have a legal right to ask questions, and it may be particularly important to do so if you feel you have been subject to racial profiling.
Example: one youth parked in the south end of Halifax described how he felt watching a police officer approach his car
“if you’re black, in the wrong place at the right time you are guaranteed to be pulled over”
You could ask:
- Why are you detaining me? On what grounds?
- Am I free to go?
- For the name, badge number and squad car number of the officer.
HOW DO I FILE A COMPLAINT
If you feel you have been a target of racial profiling you have a right to file a complaint. Nova Scotia’s Police Act and the Human Rights Act are province-wide and there is a complaints process under each of those laws. The Police Act covers things such as regulations, training and complaints and disciplinary process for municipal police. For example police officers, under the Police Act, cannot discriminate, this could include racial profiling. Discrimination can lead to a finding of misconduct and subsequent discipline for a police officer.
Discrimination as defined by the Human Rights Act is unfair treatment based on characteristics such as your age, race, colour, or sex. These characteristics are just a few examples of the prohibited grounds of discrimination. There is a complete list of prohibited grounds found in the Nova Scotia Human Rights Act (go to humanrights.novascotia.ca/ for more information).
Direct Discrimination as defined by The Human Rights Act happens when an individual or group is treated differently in a negative way based on characteristics related to the prohibited grounds of discrimination, such as gender, race or disability. This kind of discrimination is usually easy to identify. For example, if a police officer says a racial slur. Another example of this is if you were in an all white upper class neighbourhood and a police officer approaches you to ask “What are you doing in this neighborhood?”.
Systemic Discrimination as defined by the Human Rights Act as the creation, perpetuation or reinforcement of persistent patterns of inequality among disadvantages groups. It is usually the result of seemingly neutral laws, policies, procedures, practices or organizational structures. Systemic discrimination tends to be harder to observe.
See if there is a pattern within the specific police service showing systemic discrimination; examples of systemic discrimination are:
- in our education system, if teachers or administrators discriminate against children by their race, class or socioeconomic status and steer those students towards technical programs instead of academic ones
- police officers conducting street checks of 15 vehicles, where 13 out of the 15 cars the officers decide to stop are driven by African Nova Scotians.
Race only needs to be one factor in the police officer’s misconduct. It need not be the main or major cause of the mistreatment. Racial profiling can be found to have occurred even if race was mixed in with other legitimate factors (e.g. speeding). There is no need to prove intent or motivation in a case of discrimination – the discriminatory effects of the act are sufficient. The officer’s misconduct can be the result of subconscious beliefs about members of a visible minority group.
Racial profiling may be subtle and based on the circumstances, so it can be very hard to prove. It is important to gather and keep what evidence you can at the time when it happens. Write down and keep all relevant facts.
OPTIONS FOR FILING A COMPLAINT
1. To file a complaint about a municipal police officer (eg. Halifax Regional Police, Cape Breton Regional Police)
Anyone can file a complaint who feels that they have been improperly treated or have concerns about a municipal police officer’s conduct like the Halifax Regional Police. You must file your complaint within six months of the incident which gave rise to the complaint. Your complaint will not be considered if it is not filed within six months of the incident.
To file a complaint about a municipal police officer, visit your municipal police station in your part of the province or contact the Office of the Police Complaints Commissioner. For example, in Halifax, you can go to the Halifax Police Station Headquarters on 1975 Gottingen Street, and ask for the Sergeant in charge of Professional Standards.
If you do not want to visit the police station you could contact the Police Complaints Commissioner by phone 902-424-3246 or email: firstname.lastname@example.org or by mail to:
The Police Complaints Commissioner's Office
1690 Hollis Street, 3rd Floor
PO Box 1573, Halifax, NS B3J 2Y3
Once you have put your complaint in writing, the Chief of Police will appoint a Sergeant who is of higher rank or a Staff Sergeant in Professional Standards to investigate the complaint. The officer appointed to investigate your complaint will contact you and go over your complaint, to ensure all the information is available and discuss your matter.
If you are comfortable and agree to meet with the officer involved in the incident, the investigating officer will try to address the complaint through an informal resolution. This resolution uses the process of mediation and usually involves a face-to-face meeting between all involved parties. If you choose not to participate in the informal resolution, the investigating officer may suggest another option mutually consented to by all parties. 
If there is no informal resolution that is mutually agreed on, the investigating officer will proceed with a formal investigation. This investigation must be completed within 60 days from the date the written complaint was filed. Any complaint submitted more than 6 months from the date of the incident will not be processed. However, in exceptional circumstances the Police Complaints Commissioner may grant an extension of time for the complaint to submit all information to complete the investigation.
There are a few possible outcomes which could come from the investigation. The Chief Commissioner who is assigned to your file would conclude the investigation. The following list are some examples of possible outcomes once the investigation is completed:
- the Chief Commissioner may recommend police need to improve or change their procedures and training around the issue of the complaint
- recommending loss of pay for the officer involved and/or suspension, and/or the officer to make a public apology to the complaint
- hold a private disciplinary hearing between the officer involved in the complaint and the officer’s Superintendent and the Sergeant in the Professional Standards Department; or
- the Chief Commissioner will reach a decision concerning disciplinary action based on the information provided in the complaint statement and the investigation without a hearing.
You will receive a notice when the investigation has been completed. Depending on the detail of contact information you provided in your complaint, you may receive this information in writing or a phone call.
If you are not happy with the Chief Commissioner’s decision, you can apply to the Police Review Board. If you apply for this review it must be within 30 days of the date you get the decision.
The Police Review Board is a panel of three individuals who are members of the general public and not members of Halifax Police or other police forces (ie not military police, RCMP or other municipal police force). The three members are all civilians, with one being a lawyer.
The Review Board members will conduct a public hearing into your complaint. You will be notified of the hearing date. This hearing date will be a time for you to present witnesses, if any, and to tell your story about the events that happened on the day of your complaint.
If you have a lawyer or support person they are able to attend that day with you. If you are not represented by a lawyer, the Office of the Police Complaints Commissioner will provide assistance in preparation of subpoenas for witnesses and procedures.
Once the hearing is over, the Police Review Board may:
- dismiss the matter, or
- find the complaint to be valid and recommend to the municipal police force what should be done
- agree with or change any penalty which has been imposed by the Police Department or substitute their finding and provide an alternative.
The Review Board cannot award money compensation but can provide fixed costs (expenses that have to be paid out of pocket) where appropriate.
The Police Review Board’s decision is final. If you are not happy with the final decision, you could contact a lawyer.
2. File a complaint about an RCMP officer with RCMP Police Department
If you feel you have been mistreated by a RCMP officer, you can file a complaint at any RCMP detachment in your area. The detachment commander's duty is to speak with you to ensure complaints from the public are dealt with in a professional manner.
“If I know I will be driving in a upper class white neighborhood, I will try to dress up…. I know not to wear my hooded sweater or baggy pants” -adult man, Halifax.
Complaints against an RCMP officer can also be lodged by contacting the Civilian Review and Complaints Commission for the RCMP. The Civilian Review and Complaints Commission for the RCMP is an independent agency, to ensure that complaints made by the public about the conduct of RCMP members are examined fairly and without bias.
You can contact the Civilian Review and Complaints Commission by phone at 1-800-665-6878. You can also visit their website for an online complaints form: crcc-ccetp.gc.ca/en/make-complaint or;
Mail to: Civilian Review and Complaints Commission for the RCMP
National Intake Office
P.O. Box 1722, Station B
Ottawa, ON K1P 0B3
3. File a complaint with the Nova Scotia Human Rights Commission
Nova Scotia government and Municipal employees (like Halifax Police officers) employees are regulated by provincial laws and must follow the Nova Scotia Human Rights Act. This means that if your complaint involves discrimination you can file with the Nova Scotia Human Rights Commission. (Johnson v. Halifax (Regional Municipality) Police Service, 2005 NSCA 70)
Under the Nova Scotia Human Rights Act you have one year from the incident to file a human rights complaint, although in some cases, the deadline may be extended.
Contact the Human Rights Commission if you want to file a complaint. They will listen to your complaint, and help you to decide what to do next. When you file complaint, it is important to include as much information as possible. Contact the Human Rights Commission at:
Toll Free: 1-877-269-7699 or local in Halifax: 902-424-4111
5657 Spring Garden Road, Park Lane Terrace, 3rd floor, suite 305
You could also mail to:
NS Human Rights Commission
PO Box 2221
Halifax, NS B3J 3C4.
You will find further information on their website at humanrights.novascotia.ca/content/resolving-disputes
Things that are particularly important to include with your complaint:
- The name and badge number of police officer(s)
- The date(s) and location(s) of where and when you experienced the discrimination
- Description of event(s), with as much detail as possible
- The discriminatory action/practice and explanation of how this treatment made you feel and how it was discriminatory against you
- Be sure to state the ground of discrimination (that is, race or colour)
"My race may not have everything to do with what happens in my life… Influence or determine my success or what happens to me in my life….but I am always looking out for racism” -adult woman, Halifax
The Commission has the power to award damages for injury to dignity, feelings and self respect. It is therefore important to keep track of your feelings, including loss of self‐esteem, dignity, self‐respect or fears. Practical tips about how to keep track are keeping a diary, speaking with a family doctor, counselor, psychologist, friends or/and family.
Some examples of the psychological impacts may include:
- Someone stops driving at night because the situation that involved racial profiling occurred while driving at night
- Someone doesn’t allow their child to walk home from school or to a friend’s house, but instead insists on driving everywhere because he/she was the victim of racial profiling
- Trust in police, or in society, is damaged or shattered
- New feelings of fear upon seeing police.
The Human Rights Commission looks to solve the problem and come up with a solution that addresses your needs. The Board could order remedies that they feel may help, including
a) that the discriminatory practice be changed
b) that the police offer you an apology and/or
c) the municipal police members have further human rights training to better understand how to accommodate your needs, and community needs, based on the ground of discrimination and nature of your complaint.
STARTING A LAWSUIT
Another possible avenue to seek a remedy for racial profiling incidents is suing in court.
Courts are difficult to navigate without legal representation. It is a good idea to see a lawyer to talk about the situation to help you decide whether there is the basis for a lawsuit.
FINDING A LAWYER
- You will find lawyers in private practice listed in the telephone book, both online and in-print. It is also a good idea to check with your Employee Assistance Program or union, if you have them through work, as sometimes they can help to put you in touch with a lawyer
Some Private Sector Law Firms may consider doing pro bono (free) legal work.. When you call to inquire about legal representation, be sure to ask if there is a Pro Bono Department you can be referred to, or if they consider doing pro bono work
Both the Halifax and Sydney Law Courts offer a Free Legal Clinic offering support and free legal advice for people who are representing themselves in the Supreme Court of Nova Scotia or Nova Scotia Court of Appeal. Go to courts.ns.ca/self_reps/nsca-nssc_free_legal_clinic.htm for more information or to make an appointment in Halifax. Go to courts.ns.ca/Self_Reps/NSCANSSCFreeLegalClinicSydney.htm for information or to make an appointment in Sydney.
- Lawyers known as Duty Counsel are available to answer questions if you are detained in police custody. It is free to speak with Legal Aid Duty Counsel, and they are available 24 hours a day for people in police custody. Legal Aid Duty Counsel is also available to provide free preliminary assistance in criminal court. Duty Counsel service is provided by Nova Scotia Legal Aid.
- Dalhousie Legal Aid is a community based legal clinic offering, advocacy, information, advice and legal representation. The office is located at 2209 Gottingen Street Halifax. The phone number is (902)-423-8105
- Nova Scotia Legal Aid provides legal advice, help, information and representation. The Halifax criminal law office is located at 5475 Spring Garden Rd #400. The phone number is (902) 420-6583. The Halifax family law and social justice law (eg. CPP, Employment Insurance, Income Assistance, tenant rights) office is located at 2830 Agricola Street. The phone number is 902-420-3450. The Dartmouth office is located at 99 Wyse Rd #300. The phone number is (902) 420-8815. For further information or to apply for Nova Scotia Legal Aid's help online visit nslegalaid.ca
- The Legal Information Society of Nova Scotia is a charitable, not-for-profit organization. They have a Lawyer Referral Service through which you may be referred to a lawyer in private practice for an initial 30 minute consultation for no more than $20 plus tax . The contact information is 1 800 665-9779 or 902-455-3135 or you can visit their website: www.legalinfo.org.
Racism very much exists and appears in everyday conversations and throughout our society. Although most people try to ignore its existence, it’s quite obvious that it marks the lives of racialized people and is a difficult but essential part of African Nova Scotian history.
This article is written by Angela Simmonds, a third year law student at Dalhousie’s Schulich School of Law, as part of a 2016 Public Law Placement with the Legal Information Society of Nova Scotia. Click here to download this article in pdf.
This information was compiled from several conversations with criminal lawyers, professors and African Canadian members who have been engaged with research for Civil Society Consultation and in collaboration with African Nova Scotia Affairs and Dalhousie Law School Indigenous Blacks & Mi’Kmaq Initiative. October 2016.
CBC Investigates statistics about police checks in HRM -http://www.cbc.ca/news/canada/nova-scotia/halifax-black-street-checks-police-race-profiling-1.3925251.
 Ibid. October 2016.
African Canadian Legal Clinic; http://www.aclc.net/wp-content/uploads/Racial-Profiling-Toolkit-Final-adobe.pdf at pg 6
Constitution Act, 1982. Charter of Rights and Freedoms; <http://laws-lois.justice.gc.ca/eng/Const/page-15.html>
Constitution Act, 1982. Section 1. Charter of Rights and Freedoms; http://laws-lois.justice.gc.ca/eng/Const/page-15.html
A Citizen Guide to Rights when dealing with Police. Canadian Civil Liberties Association; www.ccla.org at pg 2
 Ibid at pg 2
A Citizen Guide to Rights when dealing with Police. Canadian Civil Liberties Association; www.ccla.org at pg 4
A Citizen Guide to Rights when dealing with Police. Canadian Civil Liberties Association; www.ccla.org at pg 6
Most Provinces have a Public Prosecution Criminal Service that is arms length and independent from government
African Canadian Legal Clinic; http://www.aclc.net/wp-content/uploads/Racial-Profiling-Toolkit-Final-adobe.pdf at pg 5
Nova Scotia Human Rights. 2016, <https://humanrights.novascotia.ca/>
 Hanna Garson, Brent Murphy, & Emma Halpern. Human Rights in Action-A handbook for Women in Provincial Jails in Nova Scotia; Canadian Association of Elizabeth Fry Socities (2016) at pg .94
Hanna Garson, Brent Murphy & Emma Halpern. Human Rights in Action-A handbook for Women in Provincial Jails in Nova Scotia; Canadian Association of Elizabeth Fry Socities (2016) at pg. 95
African Canadian Legal Clinic; http://www.aclc.net/wp-content/uploads/Racial-Profiling-Toolkit-Final-adobe.pdf at pg 6
Interview with Sgt. Simmonds of HRP; October 2016. <http://www.halifax.ca/police/Departments/profstandards.php>
 Interview with Sgt. Simmonds of HRP; October 2016. <http://www.halifax.ca/police/Departments/profstandards.php>
 Nova Scotia Human Rights Act, s 29(2), 29(3)
African Canadian Legal Clinic; http://www.aclc.net/wp-content/uploads/Racial-Profiling-Toolkit-Final-adobe.pdf at pg 8
 African Canadian Legal Clinic; http://www.aclc.net/wp-content/uploads/Racial-Profiling-Toolkit-Final-adobe.pdf at pg 9
African Canadian Legal Clinic; http://www.aclc.net/wp-content/uploads/Racial-Profiling-Toolkit-Final-adobe.pdf at pg 6
 Nova Scotia Human Rights Act, s 34(8)