What is the test for an allegation of intentional racial discrimination?
British Columbia, Canada
The following excerpt is from Gichuru v. Grange and another (No. 3), 2012 BCHRT 311 (CanLII):
I accept that racial discrimination is often subtle, may be unconscious, and must frequently be inferred from circumstantial evidence. I agree that evidence of intention is not necessary to prove discrimination: Radek v. Henderson Development (Canada) Ltd. (No. 3), 2005 BCHRT 302, para. 482; adopted in Bageya, para. 129.
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