How does the issue of racial profiling relate to the claim for malicious prosecution?

I turn then to how the issue of racial profiling relates to the claim for malicious prosecution. Racial profiling is not a cause of action in and of itself, but it has been held that proof of racial profiling case be an aspect of a claim of Charter damages: Hamalengwa v. Bentley, 2011 ONSC 4145 (CanLII), [2011] O.J. No. 3477 at paragraph 9. By the same logic, I accept that if it was proven that racial profiling was an aspect of decision-making by a prosecutor, that motive would be capable of constituting an improper motive for a claim of malicious prosecution. The defendant does not contest that if racial profiling was proven, it would constitute an improper motive. Rather, the defendant asserts that in this case the pleading is conclusory on this issue and not supported by material facts.