Khorsand v. Toronto Police Services Board

Facts:

• Issue: Khorsand applied to be a special constable with Toronto Community Housing Corporation (TCHC) in 2020. Previously employed in this role, he failed the Toronto Police Service (TPS) pre-screen background check in 2021.
• Disclosure Requests: Khorsand sought reasons for his failure from TPS and TCHC and filed a Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) request. Disclosed records showed nine interactions with TPS, none criminal, with racial descriptors in some.

Judicial Review:

• Claim: Khorsand alleged procedural unfairness due to TPS's lack of disclosure regarding the background check failure.
• Divisional Court: Split decision. The majority ruled the decision subject to judicial review and procedurally unfair; the dissent deemed it private and non-reviewable.

Court of Appeal Decision:

• Majority: The pre-screening decision is public and subject to judicial review due to its connection with law enforcement and potential systemic discrimination. TPS must provide reasons and allow Khorsand to dispute findings.
• Dissent: The decision is a private employment matter, non-reviewable, and concerns about disclosing sensitive information were noted.

Conclusion:

The appeal was allowed. The court ruled the pre-screening decision was not sufficiently public for judicial review, emphasizing its discretionary and employment-related nature.

No monetary award specified.