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