Test Case Litigation and Intervention
Part of the mandate of the African Canadian Legal Clinic is to address systemic racism and racial discrimination through a test case litigation and intervention strategy.
The ACLC provides advice and representation to African Canadians on legal matters involving issues of systemic and institutional racism and racial discrimination where the matters are likely to result in decisions that set significant legal precedents. The ACLC commences proceedings before the Human Rights Tribunal of Ontario and in courts of law, and where warranted, seeks intervener standing and participation in proceedings before the courts, and quasi-judicial and administrative tribunals where it is determined that those proceedings will have a profound effect on African Canadians.
Since its inception in 1994, the ACLC has been an advocate for African Canadians’ human rights in groundbreaking cases before every level of the Canadian judicial system, including the Supreme Court of Canada, administrative agencies, legislative bodies and executive regulatory agencies.
Further to the ACLC’s test case litigation and intervention strategy, the ACLC has identified a number of priority areas that have a profound effect on African Canadians, including the following:
- Racial profiling by law enforcement;
- The collection and reporting of disaggregated race-based data;
- Impact of the “safe schools” provisions of the Education Act on African Canadian children;
- Discrimination in employment, including in academia and within management;
- Impact of police records keeping practices on African Canadians;
- Impact of criminal mandatory minimum sentencing provisions on African Canadians;
- Constitutionality and impact of hate speech provisions in human rights legislation on African Canadians.