Crimes of equality: the racial profiling paradox of Canada's "War on Terror".
Date
2011-05-30
Authors
Cairns, Ilona Catherine MacDonald
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Abstract
This thesis examines the relationship between the phenomenon of racial profiling in the post-9/11
context and section 15 of the Canadian Charter. More specifically, this thesis exposes and
unravels the paradox whereby Canada's equality guarantee lacks potential to control or protect
against racial profiling in the ‘war on terror’, despite the fact that especially acute and complex
equality concerns are triggered by the practice. Chapter one explores the way in which the debate
surrounding racial profiling has shifted and taken on distinctive features post-9/11. These changes
to the debate give rise to heightened equality concerns and are complicated by the racialization of
religion. Chapter two asks why Canada’s equality provision has been largely invisible in the
criminal justice context through examining the conceptual relationship between the nature of the
criminal justice system and the logics of section 15. Finally, chapter three addresses, in turn, the
shape of racial profiling jurisprudence and the treatment of race and religion under section 15. I
conclude with some comments about whether it is always correct to discuss racial profiling in the
language of equality.
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Keywords
terrorism, racial profiling, equality