Racial profiling is an insidious and particularly damaging type of racial discrimination that relates to notions of safety and security. Racial profiling violates peoples’ rights under the Ontario Human Rights Code (Code). People from many different communities experience racial profiling. However, it is often directed at First Nations, Métis, Inuit and other Indigenous peoples, Muslims, Arabs, West Asians and Black people, and is often influenced by the negative stereotypes that people in these communities face.
Goods, services and facilities
You have the right to be free from discrimination when you receive goods or services, or use facilities. For example, this right applies to:
- stores, restaurants and bars
- hospitals and health services
- schools, universities and colleges
- public places, amenities and utilities such as recreation centres, public washrooms, malls and parks
- services and programs provided by municipal and provincial governments, including social assistance and benefits, and public transit
- services provided by insurance companies
- classified advertisement space in a newspaper.
Relevant policies and guides:
2002 - Under the Ontario Human Rights Code, transit service providers have a legal responsibility to ensure that transit systems are accessible to all Ontarians. Many older persons depend of public transit services to go to work, to get to medical appointments, to go to the grocery store, to participate in recreational activities and to visit family and friends. Transit services that are not accessible can cause isolation and prevent participation of older persons in our communities.
2002 - Under the Ontario Human Rights Code, older persons have the right to be free from discrimination in health care. This right applies to health care services and facilities including hospitals, clinics, community care access centres, long-term care facilities, home care and health care programs.
2003 - The student with a disability (or his or her parent/guardian) has a responsibility to:
December 2003 - In reviewing the material received during its inquiry, the following eight themes emerged.
December 2003 - The Commission’s racial profiling inquiry initiative was undertaken in response to community concerns about the impact of profiling on members of their respective communities. The inquiry’s main objectives were to give individuals who had been subjected to profiling an opportunity to share those experiences and to show its effects on their families and communities. In doing so, the Commission hoped to raise public awareness of the harmful effects and the social costs of racial profiling.
December 2003 - The Commission’s report on racial profiling puts forward a number of recommendations to address the issue of racial profiling.
2005 - All Ontarians have the right to be free from harassment in the workplace or in housing accommodation because of, among other things, race, colour, ancestry, place of origin, ethnic origin, citizenship and creed. While the Ontario Human Rights Code (the “Code”) doesn’t explicitly prohibit harassment in the areas of services, goods and facilities, contracts or membership in trade and vocational associations, the Commission will treat racial harassment in such situations as a form of discrimination and therefore a breach of the Code.
2003 - For the purposes of its inquiry, the Commission’s definition for "racial profiling" is any action undertaken for reasons of safety, security or public protection, that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin, or a combination of these, rather than on a reasonable suspicion, to single out an individual for greater scrutiny or different treatment.
2003 - Barriers to education can take a variety of forms. They can be physical, technological, systemic, financial, or attitudinal, or they can arise from an education provider’s failure to make available a needed accommodation in a timely manner.