Co-authors: Terry Skolnik and Jeanne Mayrand-Thibert
Citation: (2025) 62-1 Osgoode Hall Law Journal 365.
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This article proposes a major theoretical rethinking: racial profiling should be treated primarily as a violation of the right to equality (Art. (Article 15 of the Charter). Drawing on the republican theory of liberty, the authors critique current approaches that often limit themselves to the issue of arbitrary detention. They offer a unified analytical framework and innovative remedies, such as structural injunctions.