Sunday, April 15, 2012

Court reserves judgment in racial profiling and Charter claim involving Toronto Police Domestic Violence Policy

The Superiour Court of Justice in Toronto has reserved judgment in the case of Kellman v. Toronto Police Services Board et al following an eight day trial in which the plaintiff is seeking damages for, amongst other things, the Board's failure to address the problem of racial profiling and denial of equality amongst its officers towards African-Canadians. In addition, the plaintiff, Mr. Kellman, is seeking damages for negligent investigation, malicious prosecution and breach of his rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. Mr. Kellman, an African-Canadian man is asserting that his equality rights were violated by the defendants when they charged him under their mandatory charging domestic violence policy but failed to charge his former wife, a woman of European descent although she admitted to initiating the violence by assaulting him twice.