CCLA intervening in major case on police background checks at Court of Appeal for Ontario

The Court of Appeal for Ontario has granted leave to intervene to the CCLA in Khorsand v. Toronto Police Services Board.

On February 27, 2023, the Divisional Court in Ontario released its decision in Khorsand v. Toronto Police Services Board, 2023 ONSC 1270. The CCLA was an intervenor in the case. The Court held that a police force can be required to provide reasons why an individual does not pass an employment background check and allow them to dispute those reasons. The Court agreed with the CCLA’s argument that a reason why court oversight is required is that systemic racial discrimination can influence a police background check.

The CCLA will argue that the Court of Appeal for Ontario should uphold the Divisional Court’s judgment below to ensure fairness, especially for racialized individuals, in police background checks.

You can read the Divisional Court’s decision below here.

You can read more about the case for reforming employment and volunteer police record check practices in Canada here.

The CCLA is grateful to Alexi Wood, Abby Deshman, and Saad Gaya of St. Lawrence Barristers PC for their excellent pro bono representation in this case.