The following section highlights how the OHRC continues its work to address systemic anti-Black racism in policing through its Toronto Police Service (TPS) inquiry, the Peel Human Rights Project, and by strategic litigation.
Two years on: addressing anti-Black racism in policing
Two years ago, the OHRC released From Impact to Action, its final report, which included over 100 recommendations to address systemic racial discrimination and improve accountability systems in policing. The OHRC acknowledged this important milestone by releasing a second-year anniversary statement, which restated the importance of this work.
This inquiry was initiated under the Code to identify and promote the elimination of systemic discriminatory practices, including anti-Black racism in policing. During the inquiry, the OHRC analyzed data, reviewed TPS’ and Toronto Police Service Board’s (TPSB) policies, procedures and practices, and consulted with Black communities to identify gaps that allowed systemic racial discrimination to persist.
Based on the evidence gathered during the inquiry, the OHRC found that Black people are subjected to systemic racial discrimination, racial profiling, and anti-Black racism by the TPS and the TPSB.
Over the past two years, the OHRC has engaged with the TPS and TPSB, and have held critical discussions with Black communities regarding the report’s findings, recommendations, and the importance of establishing an enforceable implementation framework.
In 2024, the OHRC made a deputation to the TPSB encouraging the TPS and TPSB to work collaboratively with Black communities and the OHRC when implementing the recommendations.
In June 2025, in response to an invitation from the City of Toronto’s Confronting Anti-Black Racism Unit, the OHRC and the TPSB had further discussion regarding the implementation of the recommendations.
Since the inquiry started, the TPS and TPSB have acknowledged systemic discrimination in its policing, and race-based data collection systems have expanded. The OHRC has monitored trends in this data which are consistent with the findings made during the inquiry. For example, Black communities continue to be over-represented in police use of force incidents. These findings underscore the ongoing importance of the OHRC’s recommendations in this area and others.
Through further engagement with the TPS, TPSB, and Black communities, the OHRC continues its work to address systemic racial discrimination in TPS with a focus on strengthening accountability and fostering institutional change.
Peel Regional Police Human Rights Project: promoting accountability and addressing systemic discrimination
The OHRC and Peel Regional Police (PRP), and the Peel Police Service Board (PPSB), continue their collaborative efforts on the Peel Regional Police Human Rights Project (the Project). The aims of the Project are to address systemic barriers, and enhance Indigenous, Black, and other racialized communities’ trust in policing in Peel Region.
A Memorandum of Understanding signed by PRP, PPSB and the OHRC in 2020 sets out the commitment to develop and implement binding recommendations to identify and eliminate systemic racism in policing, and promote accountability and transparency.
In 2023, the parties released an initial set of 64 recommendations based on the principles from the OHRC’s Policy on Eliminating Racial Profiling in Law Enforcement, which includes acknowledgement, engagement, human rights-based data collection, monitoring and accountability, and organizational change.
Over the past year, the OHRC monitored case law, race-based data, and other outcomes related to the Project. The parties continue to implement meaningful recommendations in consultation with racialized communities and are developing a binding framework for the implementation of the recommendations.
Protecting the ability of applicants to access systemic remedies under the Code: Green v Hamilton Police Services Board
In 2016, Mr. Matthew Green made a complaint under the former Police Services Act (PSA). He alleged that he was racially profiled by a police officer at the Hamilton Police Service. The complaint was dismissed by a hearings officer appointed by Hamilton’s Chief of Police.
In addition, Mr. Green filed an Application at the HRTO alleging discrimination under the Code. The HRTO dismissed this case finding that the police disciplinary process under the PSA adequately dealt with the matter. Mr. Green sought judicial review of the HRTO’s decision. The OHRC intervened to protect access to systemic remedies under the Code.
The Court confirmed the OHRC’s position that it would be a “serious affront to the basic principles of fairness” for a human rights proceeding to be dismissed because of a PSA proceeding. The two proceedings are different. The Court noted that the Chief of Police for the police service appoints the adjudicator who decides the PSA proceeding. By comparison, however, an individual also has much more at stake in a human rights application than in a PSA complaint, including access to systemic remedies.
The Supreme Court hears a challenge to the law which authorizes random vehicle stops
Joseph Luamba, a Black male, challenged the constitutional validity of section 636 of Quebec’s Highway Safety Code. That provision gives officers the power to stop a vehicle randomly, without any grounds to believe or suspect that an offence has been committed. That provision power has been criticized for enabling racial profiling based on data showing that Black drivers are disproportionately stopped by police. Mr. Luamba launched the challenge after he was stopped, detained and released without a ticket, three times in one year.
In 2022, the Quebec Superior Court concluded that the power to stop motorists without grounds violated the Canadian Charter of Rights and Freedoms (Charter) rights, which include the right to be free from arbitrary detention under section 9, and the right to equal protection and equal benefit of the law without discrimination based on grounds, including race, colour, or disability under section 15.
In reaching this decision the court cited the OHRC’s policies and research, including Under suspicion – Research and consultation report on racial profiling in Ontario, and A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service. The Quebec Court of Appeal (QCA) upheld these findings. The Supreme Court of Canada heard the appeal of the QCA’s decision in January 2026.
At the appeal, the OHRC argued that racial profiling includes systemic factors, which can be embedded within laws, policies or the administrative structures of an organization. The OHRC also argued that the Charter section 15 test must focus on the full effects of a particular law without any preconditions, or a narrow focus on the text of the law at issue. The Supreme Court reserved its judgement.
This case will have implications in Ontario, as Ontario’s Highway Traffic Act also authorizes vehicle stops without grounds.
Media highlights
- Law Times, February 11, 2026, Human rights commissioner asks Toronto police to hasten efforts against anti-Black racism