Man to argue 'driving while black' led to vehicle stop, gun charge

Ontario's highest court will hear an appeal today from a man who argues his gun offence conviction is a result of racial profiling.

Richard Steele's lawyers say in a factum filed with the court that Steele's trial judge erred in failing to properly consider evidence of racial profiling in finding him guilty.

An Ontario Superior Court justice convicted Steele in 2010 of concealing a loaded handgun under the front passenger seat of his mother's car after being pulled over in Hamilton. There were four black men in the car and Steele alleges he's a victim of 'driving while black.'

Court documents show his lawyer says the gun the officer found should have been excluded as evidence, because Const. Yvonne Stephens conducted an improper search of the vehicle.

The lawyer also maintains police only pulled the vehicle over because of the driver's race and then violated Steele's right to privacy.

The Crown denies racial profiling had anything to do with the incident, and says the officer's behaviour was not unusual or racist.