What is the burden of proof for discrimination against a police force?
Ontario, Canada
The following excerpt is from Shaw v. Phipps, 2010 ONSC 3884 (CanLII):
This principle of the shifting onus is confirmed in Johnson v. Halifax Regional Police Service, [2003] N.S.H.R.B.I.D. No. 2: When a prima facie case is made out, the burden then shifts to the respondent to demonstrate, on a balance of probabilities, that there was a rational and credible justification for his/her conduct. At that point, the burden of proof shifts back to the applicant to show that the justifications are “mere pretexts or veils” for discriminatory conduct.
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