High Court Deliberates on Police Stoppers Based on Race During Traffic Stops
Quebec's legal rug-of-war with the Supreme Court of Canada over random roadside stops hit a new milestone, as the country's highest court agreed to review the case. This decision comes after the Quebec Superior Court and the Court of Appeal invalidated a provision of the Highway Safety Code that granted cops the power to stop motorists without cause or proof of a crime.
In his 2022 ruling, Judge Michel Yergeau declared that "random roadside stops" were unconstitutional and unsavory towards the Canadian Charter of Rights and Freedoms. He pointed out that these stops usually went hand-in-hand with racial profiling, particularly against the black community. In essence, he felt it was foolhardy to count on the cops to respect the charter without explicit guidance.
The Court of Appeal further concurred, stating that while section 636 of the Highway Safety Code appeared neutral, giving the police the power to arrest anyone, it actually had a disproportionately negative impact on black drivers. The province, however, insists on maintaining this power to ensure public safety and prevent certain crimes.
The fray in the highway was whipped into a whirlwind by Joseph Christopher Luamba, a young black man who experienced three unwarranted stops in a year, never receiving a ticket. Luamba's only wish was to put an end to the scourge of racial profiling.
The ongoing legal saga could water down the lines of police powers and police conduct in Canada, potentially setting a national precedent for racial equity in law enforcement practices.
Also Read:
- Stepping Away from Random Traffic Stops in Quebec
- Calling for Better-Targeted Police Stops, Not Away
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The constitutionality of random roadside stops in Canada, especially in light of racial profiling, is a contentious issue currently under judicial review. The Quebec Court of Appeal has upheld a landmark 2022 ruling declaring arbitrary traffic stops a violation of Charter rights. The government of Quebec has sought to maintain the practice while appealing to the Supreme Court of Canada, but the request was denied in April 2025.
Key developments include the 2022 lower court ruling that found random stops a violation of the Charter, the 2025 Court of Appeal decision that upheld the 2022 ruling, and the possibility of a Supreme Court hearing, though a date has not been finalized.
For years, the Canadian Civil Liberties Association has advocated against random stops, viewing them as discriminatory practices. Meanwhile, provinces like Alberta and Saskatchewan face separate human rights challenges, primarily revolving around LGBTQ+ rights.
The Supreme Court's eventual ruling on this issue could shape national standards for police powers and racial equity in law enforcement practices.
The ongoing legal dispute against random roadside stops in Quebec, fueled by racial profiling concerns, is currently under review by the Supreme Court of Canada. Judge Michel Yergeau's 2022 ruling declared such stops unconstitutional, revealing their common association with racial profiling, particularly against the black community. The Court of Appeal further agreed, highlighting the disproportionate impact on black drivers.
Politically, this case is of general-news significance as it could set a national precedent for racial equity in law enforcement practices, potentially watering down the lines of police powers. Joseph Christopher Luamba, a black man experiencing unwarranted stops, has played a key role in this saga.
Meanwhile, other provinces like Alberta and Saskatchewan grapple with separate human rights challenges, primarily focusing on LGBTQ+ rights. Regardless, the eventual Supreme Court ruling on this issue holds immense importance for shaping standards for police powers and racial equity across the nation.
Given the complexities of this issue, it's worth delving into Marcelle Dubois' speech at the Festival du Jamais lu, exploring stricter school environments, and understanding the controversial exit of Pierre Poilievre.
