Selwyn Pieters

Selwyn is the successful litigant in the recent racial profiling case involving carding of three Black men: Peel Law Association v. Pieters, 2013 CarswellOnt 7881, 2013 ONCA 396, 228 A.C.W.S. (3d) 204, 116 O.R. (3d) 81, 306 O.A.C. 314, 9 C.C.E.L. (4th) 233, [2013] O.J. No. 2695.

Selwyn has appeared at all levels of courts, including the Ontario Court of Appeal in Freeman-Maloy v. Marsden 267 D.L.R. (4th) 37, 208 O.A.C. 307 (C.A.); Bangoura v. Washington Post (2005) 202 O.A.C. 76, (2005) 17 C.P.C. (6th) 30 (Ont.C.A.), the Federal Court of Appeal in The Honourable Sinclair Stevens v. The Conservative Party of Canada, [2005] F.C.J. No. 1890, 2005 FCA 383 and Supreme Court of Canada in Attorney General of Ontario v. Michael J. Fraser, et al., 2011 SCC 20. He represented Correctional Manager Mariann Taylor-Baptiste in the ground-breaking competing rights case of Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 CarswellOnt 8965, 2012 HRTO 1393, 2012 C.L.L.C. 230-022 reconsideration denied in 2013 CarswellOnt 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 at the HRTO; Civil Rights lawyer Charles Roach in the Oath cases of McAteer, Topey, Dror-Natan v. Canada (Attorney General) 2013 CarswellOnt 13165, 2013 ONSC 5895 (ON S.C.) and Roach et al. v. Canada 2012 CarswellOnt 7799, 2012 ONSC 352 (ON S.C.) which is a constitutional challenge to the oath in the Citizenship Act.

In the educational law realm, Selwyn is currently representing Dr. Christopher Spence in a University Tribunal  hearing into allegations that he “knowingly represented the ideas of another, or the expressions of the ideas of another as your own work” in his1996 PhD thesis titled “The Effects of Sport Participation on the Academic and Career Aspirations of Black Male Student Athletes in Toronto High Schools.” Selwyn successfully represented Dan Freeman-Maloy (co-counsel with Peter Rosenthal) in the Ontario Court of Appeal. See, Freeman-Maloy v. Marsden  267 D.L.R. (4th) 37, 208 O.A.C. 307, 2006 CarswellOnt 1888, 79 O.R. (3d) 401, [2006] O.J. No. 1228, (2006) 146 A.C.W.S. (3d) 986 (C.A.), overturning Hoy J. decision in Freeman-Maloy v. Marsden [2005] O.J. No. 1730 (S.C.J.). Leave to Appeal to the Supreme Court of Canada denied with costs. In this case the Court of Appeal ruled that a University President could be considered a public official for the purpose of a lawsuit alleging abuse of public office. In November 2013, Selwyn successfully won Academic Appeal at University of Toronto, Academic Appeal Committee: S.M. v. Faculty of Applied Science & Engineering

Selwyn obtained interim injunctive relief in Featherstone v. Dufferin-Peel Catholic District School Board [2005] O.J. No. 4431  Billy v. York Catholic District School Board [2005] O.J. No. 4717, a Safe Schools Act suspension matter, that was settled at the Superior Court of Justice.

Selwyn provided representation to students from Emery Collegiate Institute in Suspension Appeal Hearings under the Education Act and a judicial review applicaiton in Divisional Court. See, B. (K.) (Litigation Guardian of) v. Toronto District School Board; 2008 CarswellOnt 455 (SCJ). See also, K. B. and T. M. v. Toronto District School Board et al. [2006] 81 OR (3d) 56; 268 DLR (4th) 698; 49 Admin LR (4th) 87; 211 OAC 75; K. B. and T. M. v. Toronto District School Board et al. [2006] O.J. No. 362 (sealing order); K. B. and T. M. v. Toronto District School Board et al. [2006] O.J. No. 746 (striking part of affidavit and sealing order); K.B. v. Toronto District School Board [2006] O.J. No. 1026 (intervention of JFCY); He's ready to fight for teenagers in trouble, Globe and Mail, January 14, 2006; Arrest Outrage Trustee, Toronto Star, December 12, 2005; Suspended Students Claim Bias, Toronto Star, December 13, 2005; TDSB seeks to bar public in case, March 23, 2006, Toronto Star.

Selwyn has litigated the racial profiling case of:
M. (R.) v. Toronto Police Services Board, 2013 CarswellOnt 12134, 2013 HRTO 1472
M. (R.) v. Toronto Police Services Board, 2013 CarswellOnt 11941
M. (R.) v. Toronto Police Services Board, 2013 HRTO 1102
M. (R.) v. Toronto Police Services Board, 2013 HRTO 73
M. (R.) v. Toronto Police Services Board, 2012 CarswellOnt 11158
M. (R.) v. Toronto Police Services Board, [2011] O.H.R.T.D. No. 618, 2011 HRTO 410
M. (R.) v. Toronto Police Services Board, 2011 ONCJ 143, 2011 CarswellOnt 1980, 2011 ONCJ 143, 274 C.C.C. (3d) 272 (Ont. CJ.)
M. (R.) v. Toronto Police Services Board, 2010 CarswellOnt 9121, 2010 HRTO 2349
M. (R.)v. Toronto Police Services Board was recently settled to the satisfaction of all parties and the terms of settlement reached remain confidential.

In the criminal law realm some of the cases Selwyn argued on racial profiling includes: R. v. Steele, 2010 ONSC 233 (ON S.C.) and R. v. Egonu, 2007 CanLII 30475 (ON SC) – Driving while black and R. v. Bramwell-Cole [2010] O.J. No. 5838 (ON S.C.) – walking while black. Selwyn was co-counsel in the first HIV/AIDS murder trial in Canada: R. v. Aziga, 2008 CanLII 39222 (ON S.C.); R. v. Aziga; 2008 CarswellOnt 4300 (ON S.C.); R. v. Aziga, 2008 CanLII 29780 (ON S.C.).

Selwyn also acted as co-counsel with C. Nigel Hughes for the families of three deceased persons killed during a civil demonstration in Linden, Guyana, at the Linden Commission of Inquiry. Selwyn is currently co-counsel with Brian M. Clarke representing the Guyana Trades Union Congress in the Walter Anthony Rodney Commission of Inquiry in Georgetown, Guyana.