In overturning the 2010 decision of the Human Rights Tribunal of Ontario to award $2,000 to each man for “violation of their inherent right to be free from discrimination and for injury to their dignity, feelings and self-respect,” the Divisional Court instead ordered them and the tribunal to pay legal costs of $20,000 to the librarian and to the Peel Law Association, which runs the library.
The three-judge panel found that tribunal vice-chairman Eric Whist unfairly reversed the onus of proof from the complainant to the respondent, and “placed [the librarian] in the difficult position of trying to prove a negative, namely, that her conduct in the performance of her routine duties was not motivated by race and colour.” It also criticized the tribunal’s “misconceived” comparison of the librarian’s conduct to racial profiling by police.
h/t Rita
