What is the test for allegations of racial discrimination?

The applicable principles to be applied to the analysis on allegations of racial discrimination were set out in Radek v. Henderson Development (Canada), 2005 BCHRT 302. 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 enquiry 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 proved by circumstantial evidence and inference; and e. Racial stereotyping will usually be the result of subtle unconscious beliefs, biases and prejudices. (para. 482)