What are the principles applicable in a complaint alleging racial discrimination?

The principles applicable in a complaint alleging racial discrimination were set out in Radek v. Henderson Development (Canada), 2005 BCHRT 302 at paragraph 482. They are: a) the prohibited ground or grounds of discrimination need not be the sole or the major factor leading to the discriminatory conduct; it is sufficient if they are a factor; b) there is no need to establish an intention or motivation to discriminate; the focus of the inquiry is on the effect of the respondent’s actions on the complainant; c) the prohibited ground or grounds need not be the cause of the respondent’s discriminatory conduct; it is sufficient if they are a factor or operative element; d) there need be no direct evidence of discrimination; discrimination will more often be proven by circumstantial evidence and inference; and e) racial stereotyping will usually be the result of subtle, unconscious beliefs, biases and prejudices.