In Radek v. Henderson Development (Canada), 2005 BCHRT 302, the applicable principles for racial discrimination analysis were set out: 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)
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