“Protecting Equality in the Face of Terror: Ethnic and Racial Profiling and the Charter” in R. Daniels, P. Macklem & K. Roach, eds., The Security of Freedom: Essays on Canada’s Anti-Terrorism Bill (Toronto: University of Toronto Press, 2001) 163-78.


Racial and ethnic profiling has burst onto the national agenda in the wake of the horrific events of September 11. Long criticized by academics and public interest organizations examining the workings of the criminal justice and immigration systems, profiling has now, as a result of September 11, attained renewed prominence. What is extraordinary about the debate over profiling is the absence, for the most part, of any analysis of whether it would be constitutional. This chapter assess the constitutionality of racial and ethnic profiling under the equality rights provision (s. 15) of the Canadian Charter of Rights and Freedoms.