In January 2026, the Superior Court of Justice released its decision in R v. Hussey, finding that officers from Peel Regional Police violated Jaheim Hussey’s section 7, 8, 9, and 10 rights under the Canadian Charter of Rights and Freedoms in obtaining evidence. In reaching their decision, the court relied on reports from the Ontario Human Rights Commission (OHRC) on anti-Black racism in policing.
On December 20, 2023, Jaheim Hussey, a Black man, was stopped by a police officer who suspected he might be connected to an earlier report of an armed robbery. Without being told why he was being detained or informed of his right to counsel, contrary to section 10 of the Charter, Mr. Hussey was grabbed by the arm and forcibly pinned to the ground. During this interaction, a firearm fell out of Mr. Hussey’s waistband, and he was subsequently arrested for firearm-related offences.
In finding that Mr. Hussey’s detention was arbitrary and violated section 9 of the Charter, the court relied on the Supreme Court of Canada’s decision in R. v. Le, which cites the OHRC’s reports Paying the Price and A Collective Impact, to emphasize that that the social context of anti-Black racism must inform the court’s assessment of the reasonableness of police detentions. Since, in this case, Mr. Hussey’s arrest was unlawful, the search incident to the arrest was also unlawful, contrary to section 8 of the Charter.
The court also relied on the OHRC’s reports Paying the Price and Under Suspicion to explain that racist interactions with the police and the unjustified use of force can cause distress and contribute to feeling unsafe in police interactions. The court found that this police officer’s conduct had a significant adverse impact on Mr. Hussey’s psychological integrity. Findings from the OHRC’s reports informed the court’s conclusion that Mr. Hussey’s section 7 Charter rights were breached, as serious state-imposed psychological stress can violate theright to security of the person.
Finally, the court determined that evidence obtained as a result of racist mistreatment must be excluded under section 24(2) of the Charter. The court decided that allowing the trial to proceed based on evidence obtained from serious breaches of the Charter would undermine confidence in the justice system. As a result, the gun which fell from Mr. Hussey’s waistband could not be admitted as evidence.