Ontario Superior Court Greenlights Landmark Class Action Against Toronto Police Over Carding of Black and Indigenous Residents

On January 8, 2026, in a precedent-setting decision, the Ontario Superior Court of Justice has certified a class action lawsuit against the Toronto Police Services Board and current and former Chiefs of Police, challenging the practice of “Carding” – the collection of personal information from individuals stopped by police without reasonable suspicion of criminal activity.

The class action, brought by Ayaan Farah and James Margarit, represents all Black, First Nations, Inuit, and Métis persons who were stopped by Toronto police and had their personal information collected and retained in police databases since December 5, 2011. The claim alleges breaches of the Canadian Charter of Rights and Freedoms, systemic negligence, and intrusion upon seclusion.

In resisting certification the Toronto Police Service Board and Police Chiefs took the surprising position of denying that there was evidence that the practice of Carding existed or persisted as a policing practice in Toronto. The Toronto Police Services Board and Police Chiefs also sought to argue that any issues of racial discrimination in Toronto policing was the consequence of individual officers’ action, and there was no evidence of any systemic or institutional racial profiling within the Toronto Police Service. This position ran directly contrary to public statements made by the Toronto Police Services Board, that recognized systemic discrimination in the Toronto Police Service.

In certifying the decision, the Ontario Superior Court of Justice rejected the Defendants’ argument that there was no evidence that Carding existed or disproportionately impacted Black, First Nations, Inuit and Métis Torontonians.

Certification represents a major step in a Class action. The next steps will require the Defendants to produce all relevant records and information that relate to historical and contemporary practices of Carding. Following this step, this matter will move towards a common-issues trial.

Having been certified, the Class is hopeful that the Toronto Police Services Board and Police Chiefs will abandon a defence strategy of denying the well-established practice of Carding, or the extensive negative impacts of Carding on Torontonians. We are hopeful that the Toronto Police Services Board and Police Chiefs will instead recognize that a cooperative resolution to this matter is the pathway forward, as this will ensure the ending of a discredited policing strategy, support public confidence in policing in Toronto, while offering well overdue compensation to Class members who were harmed by the practice of Carding.

Key Findings

• The class definition includes all Black, First Nations, Inuit, and Métis persons stopped by Toronto police without reasonable suspicion, whose personal information was recorded and retained in police databases from December 5, 2011 until present day.
• The Court recognized that Carding is often arbitrary and disproportionately targets Black and Indigenous communities, citing expert evidence and reports including the Tulloch Report and studies by Dr. Scot Wortley and Dr. Akwasi Owusu-Bempah.
• The Court accepted statistical evidence showing Black and Indigenous people were Carded at rates far exceeding their representation in Toronto’s population, with Black male youth particularly affected.
• The Court rejected arguments that Carding had ceased, noting evidence that the practice and its impacts continue, including ongoing data collection and retention.
• The Court found that the claims under sections 7, 8, 9, and 15(1) of the Charter, as well as systemic negligence and intrusion upon seclusion, are valid causes of action for certification.
• Common issues certified include whether Carding breached Charter rights, whether the police owed and breached a duty of care, whether the conduct was discriminatory, and whether class-wide damages and remedies are appropriate.

McCarthy Tétrault LLP represented Ayaan Farah, James Margarit and the Black and Indigenous class members with a team led by Michael Rosenberg that included Stephanie Willsey, Solomon McKenzie, Sabih Ottawa and Safia Thompson.