A Bold Step Against Injustice: Representative Plaintiff Sparks Legal Battle to End Discriminatory Practices

PR Newswire

“Hopefully, this case will cause the police to rethink their practices. There must be a way to keep our communities safe without intimidating and harassing innocent people.” With these words, Ayaan Farah, the representative plaintiff, ignited the commencement of a class action lawsuit against the Toronto Police Service, claiming discriminatory practices have eroded the trust and safety of Toronto’s Black and Indigenous communities.

Founded by the Black Legal Action Centre (BLAC) and supported by McCarthy Tétrault LLP, the suit specifically targets the controversial practice of “Carding”. Since 2011, Black, First Nations, Inuit, and Métis individuals have reportedly been stopped by the Toronto Police without reasonable suspicion of criminal activity, only to have their personal details permanently stored. The lawsuit points to the disproportionate targeting of these communities and names multiple Chiefs of Police, both past and present, as defendants.

Carding has had profound, life-altering consequences for many. Ms. Farah, a Somali-Canadian, relives the nightmare when, despite committing no wrongdoing, she was Carded. As an airline employee, she held a mandatory security clearance. Post-Carding, her clearance was unjustly revoked, sidelining her career for nearly two years. For countless others, Carding instilled a pervasive fear, transforming public spaces into zones of potential confrontation.

The Statement of Claim, filed on August 14, 2023, pulls no punches. It accuses the Toronto Police Service of violating the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, and the personal rights of those Carded. Demanding an overhaul of these practices, the claim also seeks compensation for affected individuals.

Backing the move, Danette Edwards from BLAC remarked, “Carding is a modern-day echo of the times when slavery permitted the unwarranted stopping and questioning of Black people.” Meanwhile, Solomon McKenzie, an associate at McCarthy Tétrault LLP, lamented the continuation of the ineffective and discriminatory Carding practice, even in the face of widespread criticism.

History does indeed rhyme. A 2013 attempt to address Carding through a class action stumbled at certification. But with Ontario poised to redefine its policing act and the Ontario Human Rights Commission’s anticipated report on anti-Black racism, this case emerges at a pivotal moment. It underscores the urgency of renewed dialogue between law enforcement and communities marginalized by time-worn discriminatory practices. Ms. Farah, committed to achieving a just outcome, extends an invitation to the Toronto Police Service: Let’s discuss how to rebuild the bridges of trust.

For more information on the Carding class action, visit https://www.mccarthy.ca/en/carding-class-action. 

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PR Newswire. “Class Action Launched Against Toronto Police Service for Discriminatory Practice of Carding.” August 15, 2023.