Selwyn A. Pieters
Subject MatterExpertise: Racial profiling, race & ethnicity, anti-black racism (law enforcement,
security, education, law, criminal justice system), racial bullying,
African-Canadian urban culture and race relations, social inequality, law enforcement, policing culture
in Ontario, Canada; Guyana and Trinidad
Selwyn
A. Pieters, B.A. (Toronto), LL.B. (Osgoode), L.E.C. (U.W.I). Lawyer &
Notary Public (Ontario). Attorney-at-Law (Republic of Guyana and Republic of
Trinidad and Tobago).
Litigation
Selwyn
has appeared at all levels of courts, including the Supreme Court of Canada in Fraser v. Ontario, 2011 SCC 20 and the
racial profiling case of Quebec
(Commission des droits de la personne et des droits de la jeunesse) v.
Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39, [2015]
S.C.J. No. 39.
Selwyn
has also appeared in the Ontario Court of Appeal in Freeman-Maloy v. Marsden 267 D.L.R. (4th) 37 (C.A.); Bangoura
v. Washington Post (2005) 202 O.A.C. 76 (C.A.) and most recently R. v. Steele 2015 CarswellOnt 3334, 2015
ONCA 169, [2015] O.J. No. 1253 (Ont. C.A.).
Leave to the Supreme Court of Canada denied: R. v. Steele, 2015 CanLII
43092 (SCC) where an allegation of racial profiling was made against a Hamilton
Police Officer.
Selwyn
argued numerous case of racial profiling in Criminal Courts including: R. v. Agil, Chambers, Fullerton, Jimale and
Brown 2011 CarswellOnt 18099 (Ont. CJ. July 14, 2011, Khawley J.) [Carding
led to a big gun, drugs and gang case that I successfully litigated in
Toronto... Project Threadbare the Judge called it because of the lack of
evidence]; R. v. Steele, 2010 ONSC
233 (ON S.C.) and R. v. Egonu, 2007
CanLII 30475 (ON SC) - Driving while black and R. v. Bramwell-Cole [2010] O.J. No. 5838 (ON S.C.) - walking while
black. Charges of cause disturbance and assault police can be pretextual racial
profiling charges: R. v. Roach, 2005 O.J. No. 5278 (Ont. C.J.) (Criminal Law -
Causing a Disturbance); R. v. Ramsaroop,
2009 CarswellOnt 5281, 2009 ONCJ 406 (Ont. CJ.); R. v. Taylor, 2010 CarswellOnt 6584, 2010 ONCJ 396, [2010] O.J. No.
3794 (Ont. CJ.).
Selwyn
has litigated numerous human rights, constitutional and administrative law
cases before the Human Rights Tribunal of Ontario, Canadian Human Rights
Tribunal, Superior Court of Justice and Federal Court of Canada, the most
recent being Roberts v. Toronto Police
Services Board, 2016 HRTO 1464 (HRTO). He has appeared in Divisional Court on
Judicial Review applications.
M. (R.)
was a case involving a youth 14 years old who was arrested four time by Toronto
Police all based on racial profiling and improperly targeted him for arrest and
detention based on Code-related
grounds. He has no convictions yet was targetted, carded, arrested, detained,
on several occassions. His case was fiercely litigated by Toronto Police and
the reported decisions stand as a monument to the challenges litigants face in
litigating racial profiling:
M. (R.) v. Toronto Police Services Board, 2013 CarswellOnt 12134, 2013 HRTO 1472
M. (R.) v. Toronto Police Services Board, 2013 CarswellOnt 11941
M. (R.) v. Toronto Police Services Board, 2013 HRTO 1102
M. (R.) v. Toronto Police Services Board, 2013 HRTO 73
M. (R.) v. Toronto Police Services Board, 2012 CarswellOnt 11158
M. (R.) v. Toronto Police Services Board, [2011] O.H.R.T.D. No. 618, 2011 HRTO 410
M. (R.) v. Toronto Police Services Board, 2011 ONCJ 143, 2011 CarswellOnt 1980, 2011 ONCJ 143, 274
C.C.C. (3d) 272 (Ont. CJ.)
M. (R.) v. Toronto Police Services Board, 2010 CarswellOnt 9121, 2010 HRTO 2349
M. (R.) v. Toronto Police Services Board was settled to the satisfaction of all parties and
the terms of settlement reached remain confidential.
Selwyn
represented then Toronto Police Inspector David McLeod in a racial profiling
case commonly known as the “Gas pump incident” in 2005 – 2006: Toronto Police Association v. Ontario (Civilian
Commission on Police Services), 2010 ONSC 246 and most recently Constable
Dameian Muirhead of York Regional Police Service who alleged that he was
subjected to racism, discrimination, malice, and bias in his own police
service.
Selwyn
was the successful litigant in the racial profiling/carding case of Peel Law Association v. Pieters 2013
CarswellOnt 7881, 2013 ONCA 396, 228 A.C.W.S. (3d) 204, 116 O.R. (3d) 81, 306
O.A.C. 314, 9 C.C.E.L. (4th) 233, [2013] O.J. No. 2695(Ont. C.A.)
Lectures, Papers, Symposiums
Pieters,
Selwyn and Frank, Rick, Police Bias in a Criminal Investigation –
Constitutional and Civil Consequences for Criminal Defense Lawyers and
Defendants, at Legal Aid Ontario (LAO) and Innocence Canada symposium entitled
“Unravelling the truth: Investigations, Interviews and Confessions” November
30, 2016
Presented
a paper at the Ontario Bar Association: Selwyn A. Pieters, "Using Public
Interest Remedies to Impact Cultural Change" Online:
<http://www.selwynpieters.com/documents/HumaRights_Ontario_PublicInterestRemedies_PietersPaper.pdf>
November 02, 2016
Pieters,
Selwyn and Frank, Rick, Police Interrogations and The Psychology of False
Confessions, at Innocence McGill's 10th Anniversary Conference: online <http://www.selwynpieters.com/documents/Police_Interrogations_and_The_Psychology_of_False_Confessions.pdf>
February
22, 2016
OBA
Constitutional, Civil Liberties and Human Rights (CCLHR) program entitled “Hot
Headlines in Human Rights - Racial Discrimination and the Legal Profession”
September 10, 2013
Street
Law Smarts Training Day, Justice for Children and Youth and the Law, November 8th,
2012
"Data
Collection, Race, and Criminal Justice in Canada: Building a Firm Foundation
for Progress" By Selwyn A. Pieters, B.A., LL.B., L.E.C. and Adrian Roomes,
J.D., Critical Race Symposium Osgoode Hall Law School at York University,
November 2, 2012
“What
role does data collection play in ensuring that police agencies are fulfilling
their human rights obligations?” Accessing Justice and Accountability in
Policing, Law Enforcement Accountability Project (LEAP), University of Windsor
Presented
at the Black Law Students Association of Canada, 19th Annual Conference
Theme:
"Partnering for progress and unprecedented possibilities" February
24, 2010 and a CRARR event on racial profiling.
March
19, 2008: University of Windsor Faculty of Law RACIAL PROFILING AND THE LAW -
Guest Speakers (Selwyn Pieters and Raj Dhir)
March
15, 2008: SPINLAW 2008 “Solidarity: Law at the Grassroots.” The Jane/Finch
CommunityThe Jane-Finch community has long been painted by the media as a
centre of violence, gangs, drug busts and other criminal activity, largely
committed by racial minorities. This panel hopes to engender discussion on
issues affecting the community, and to dispel some of the myths and problematic
stereotypes associated with the Jane-Finch neighbourhood. Panelists: Selwyn
Pieters, criminal lawyer; Tonika Morgan, community organizer; Dauda Massaquoi,
community legal worker at Jane Finch Community Legal Services.
March
04, 2006: The High School Drop Out Rate and the Safe Schools Act: A Panel
Discussion with Liz Sandals, MPP Guelph-Wellington, Parliamentary Assistant
responsible for the Safe Schools Act Review and Selwyn Pieters, lawyer and
activist involved in human and civil rights, working with the community concerning
safe schools and racial profiling
February
23 - 26, 2006, Black Law Students' Association of Canada Conference, The Ripple
Effect of One Voice; Seminar "Critical Race Practice: Setting Up an
Equality Practice" with Donald McLeod, Barrister & Solicitor; Plenary
"Black and Aboriginal Racism in the Legal Profession" with Professor
Michelle Williams, Dalhousie Law School
January
28, 2006, "Knowing Your Rights" BLING SUMMIT, Bring Love In Not Guns,
Black Youth Coalition Against Violence, University of Toronto.
December
09, 2005, Human Rights and Justice Series, Presentation to youths in Malvern,
Hoodlinc.
November
29, 2005, Safe Schools Act Review at Holiday Inn
November
23, 2005, presentation to detained youths at the York Detention Centre.
October
11, 2005, CACO meeting with the Mayor David Miller
October
04, 2005, CACO meeting with the Premier of Ontario, Dalton McGinty, Minister of
Education, Gerrard Kennedy and the GTA Caucus, to discuss the Safe Schools Act
and increasing violence in the Community
September
17, 2005, Better Policing for Toronto, "Controlling and Preventing Racial
Profiling", Innis Town Hall, Unversity of Toronto
August
19, 2005, "What Are Your Civic Responsibilities", 33rd Annual
National Education & Training Conference, National Black Police
Association, with Theodore M. Shaw is Director-Counsel and President of the
NAACP Legal Defense and Educational Fund, Inc. (LDF); Anthony R. Rodgers,
Edwards Waters University and Hazel A. Wallis, NBPA USA Consultant
August
08, 2005, Career Choices, Tropicana and Malvern Youth Club, with Angela James,
Regional Manager, Children and Youth Services and Basil Jardine, Soul Images.
June
04, 2005, "Dealing with Authority/Knowing Your Rights", Malvern in
Motion Conference, with Kike Roach - civil lawyer, Roach Schwartz &
Associates
April
07, 2005, Deputations, Toronto Police Services Board , "Hate Crimes"
and "Race Relations"
March
05, 2005, "Fighting Racial Profiling: Legal strategies and tactics",
Law Union of Ontario Annual Conference 2005, with Kike Roach - civil lawyer,
Roach Schwartz & Associates and Hadayt Nazami - immigration lawyer, Jackman
& Associates
March
05, 2005, "Barriers to Equal Opportunities in Education", Fifth
Annual Spinlaw Conference, Bridges and Barricades -- The Roadmap to Domestic Human
Rights , with Marie Chen, African Canadian Legal Clinic and Maxwell Nelson,
Berkshire Group of Companies
February
03, 2005, oral and submissions to the Standing Committee on Government
Operations and Estimates, House of Commons, on Bill C-11 Public Servants
Disclosure Protection Act
November
02, 2004, written submissions to Justice Lesage Chair of the Review of the
System for Complaints by the Public Regarding the Police was established by the
Government of Ontario .
March
20, 2004, Are courts appropriate forums for litigating racial harassment
claims? A look at the elusive quest for harassment free and respectful
workplaces" (paper and oral presentation), Ryerson University Equity
Conference 2004 .
May
30, 2003, Presentation to Ontario Human Rights Commission Racial Profiling
Inquiry "Racial Profiling at Canada Customs: Personal and Society's
Implications and Measures to Combat this Unlawful Treatment of Canada's Black
Population" (paper and oral presentation)
March
08, 2003, The Third Annual SPINLAW Conference, Expanding the Boundaries of
Human Rights Litigation - Post 9/11, Racial-Profiling and the impact of the
Pieters Settlement (submitted paper)
April
2002, Racial Profiling, Association of Black Law Enforcers (hand-outs)
February
22, 2002, "How to become an legal activist" - Panelists included,
Julian Falconer, Barrister and Solicitor; and Pat Case, Equity Advisor,
University of Guelph. Moderator: Louise James, Law Student, University of
Toronto Law School
January
18, 2001, Trials on Poverty, with Elan Ohayon, Peter Rosenthal & Vilko
Zbogar, University of Toronto
March
29, 2000, Affirmative Action & Employment Equity: Case Studies in the
Struggle for Racial Justice in Ontario and Michigan with Dr. Chandrakant Shah,
Dr. Kin-Yip Chun, Karen Thom, ASSU, University of Toronto.
Media
Print,
broadcast, television and social media nationally and internationally.
Selwyn A. Pieters, B.A., LL.B.,
L.E.C.
Lawyer & Notary Public (Ontario)
Attorney at Law (Guyana and
Trinidad)
Correspondence to:
P.O. Box 518, 31 Adelaide St.
E., Toronto, Ont. M5C 2J6
Phone (24 hours): 416-787-5928
Fax: 416-787-6145
Internet : http://www.selwynpieters.com
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