The class action was filed in November 2022, two weeks after a landmark decision by Quebec Superior Court Justice Michel Yergeau in a case seeking to have a common law rule allowing Canadian police to stop drivers for no reason to be declared unconstitutional.
Yergeau sided with Joseph-Christopher Luamba, a Montrealer of Haitian descent, ruling racial profiling exists and is a reality weighing heavily on Black people.
Yergeau’s ruling effectively nullified Section 636 of the province’s Highway Safety Code, which gives officers discretionary power to stop any vehicle without reason.
Excellent ruling. Cops shouldn’t be able to stop anyone without cause.
What’s amazing to me is that society views carding as wrong, rightfully so in my opinion.
However our laws allow the police to stop anyone driving at any time for no reason and demand ID… and a breath sample, upto and including two hours after you’ve driven.
I wish we didn’t live in a “papers please” country.
Driving is a privilege, not a right.
But on the flipside, the issue is that in many areas of Canada, alternative options to driving are extremely limited.
One would argue almost anything is a privilege and not a right. Would you be okay with forcing someone to comply with searches if they had to maintain a WHMIS certification, or a smart-serve? I mean servers often under-report their tips, so we should allow the CRA to search their home for cash at any time.
It’s crazy as the police will use the power to pull anyone over for any reason, to target minorities.
