What is the test for finding discrimination on the basis of allegations that conduct is racially motivated?
Alberta, Canada
The following excerpt is from Bobb v. Alberta (Human Rights and Citizenship Commission), 2004 ABQB 733 (CanLII):
Mere allegations that conduct is racially motivated cannot be substituted for proof of facts. A tribunal should be reluctant to find discrimination on the basis of a prohibited ground where there is a reasonable alternative to the theory that the complainant incurred discrimination. Hill v. Air Canada, [2003] C.H.R.D. No. 3 at paras. 50, 135. (This is simply the application of the balance of probabilities.)
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