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R v. Brown , [2003] O.J. No. 1251


Police saw black man in new car speeding. Followed him for 2km. Ran his license plate Pulled him over. Did roadside field test. Failed. At station did breathalyzer. Failed


Was the summary court judge right in determining the bias on part of trial judge?


Racial profiling can be conscious or unconscious and judges need to be aware of this when making decision


Articulable cause exists where the grounds for stopping the motorist are reasonable and can be clearly expressed.


The trial judge was biased and the summary court judge was right in determining that.

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