The province is on the hook for $405,000 because the Ontario Provincial Police (OPP) collected DNA samples from 54 migrant workers in connection with a sexual assault case.
The Ontario Human Rights Tribunal ruled that racism was at play when the OPP collected samples in September, 2013, for DNA testing from all of the black migrant workers in theTillsonburg area.
An Essex County woman said her assailant was black and she thought he was a migrant worker from Jamaica.
A man was convicted.
Advocacy group Justicia 4 Migrant Workers (J4MW) called the outcome a "complete victory" after a long legal battle where it claimed police illegally coerced the workers into providing the DNA samples.
"This is one of the most classic David and Goliath battles. One of the most marginalized communities standing up for their rights," said Chris Ramsaroop, an organizer with J4MW. "[Police] thought they would get away with this carte blanche."
On top of destroying the workers' DNA profiles, provincial police have agreed to seal the investigative file that contains workers' personal information.
The force will also be required to develop a policy to ensure DNA sweeps and future investigations comply with Ontario's Human Rights Code.
"This is very significant. This sets up an important precedent," said Ramsaroop. "This is an important step not just for migrant workers, but addressing privacy rights, workplace rights, surveillance rights and the right for racial justice for all members of our community."
