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R. v. Ladouceur, [1990] 1 S.C.R. 1257

Facts:

L stopped by police. Police say stopped him to check license. L’s license was suspended. Asked him to step into police car/issued summons. Police say no attempt to arrest/s.189a(1) allows for random stops of Highway Traffic Act

Issue(s):

Does s.189a(1) violate s. 9 of the Charter, and if so, can it be justified by s.1 of the Charter?

Ratio:

Routine checks and random stops violate s.9 of the Charter but it is justifiable under s.1.

Will not infringe on s.9 if: Stops are short in duration, must show only few documents, happens in the persons owns vehicle, and no search of the vehicle

Analysis:

Majority: Random stops of motorists for purpose of spot check violates s.9. Do Oakes Test. The stops are designed to deal with a meet a pressing concerns – there limitation can override the constitutional right. The stops impair as little as possible. The only questions that can be asked are those related to driving.

Dissent: Significant infringement. Roving random stops would permit any individual officer to stop any vehicle, at any time, at any place.

Holding:

The checks are in violation of s.9 of the Charter. S. 189a(1) of the Highway Traffic Act can be justified pursuant to s.1 of the Charter.


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