Lower Courts Rule Random Police Stops Violate Charter Rights

The Supreme Court of Canada is hearing arguments on a Quebec case that could have far-reaching implications on policing across Canada. Quebec's attorney general is set to argue against a lower court decision that invalidated random police traffic stops, finding that they led to racial profiling and violated Quebecers' rights. The case was brought by Montrealer Joseph-Christopher Luamba, who is Black and was pulled over by police nearly a dozen times without reason in 18 months after getting his driver's licence. None of the stops resulted in a ticket. Quebec Superior Court Judge Michel Yergeau ruled in October 2022 that Article 636 of Quebec's Highway Safety Code, which allows for random traffic stops, violates articles seven and nine of the Canadian Charter of Rights and Freedoms. Article 7 guarantees the right to life, liberty and security according to the principles of fundamental justice. Article 9 ensures everyone has the right not to be arbitrarily detained or imprisoned. In his 2022 decision, Yergeau said evidence had shown that arbitrary power granted to police to make roadside stops without cause became 'for some of them, a vector, even a safe conduit for racial profiling against the Black community.' The Quebec Court of Appeal unanimously upheld this decision in 2024. Random police stops have been suspended in Quebec since April 2025. The Supreme Court's decision could have wider implications for other provinces with similar traffic stop rules. Random stops are currently allowed in all other provinces under a 1990 precedent. A ruling in favor of the lower courts would represent a significant victory for civil liberties and protection against racial profiling.