Random police checks: Quebec could challenge in Supreme Court

Photo: Francis Vachon Le Devoir “We will analyze the judgment. Then, we will inform the Quebec population of the Quebec government's decision to appeal or not to the Supreme Court of Canada,” replied Simon Jolin-Barrette.

Thomas Laberge – The Canadian Press

Published yesterday at 6:20 p.m.

• Québec

Quebec is not closing the door on the possibility of challenging before the Supreme Court the recent decision of the Court of Appeal that upheld the first instance judgment that random police checks are unconstitutional because they are discriminatory.

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Solidarity MNA Andrés Fontecilla challenged the government on the subject Thursday during question period.

“Two Quebec courts have now ruled on the discriminatory nature of random traffic stops. Will the CAQ give up appealing the decision of Quebec's highest court??” he said.

“We will analyze the judgment. Then, we will inform the Quebec population of the Quebec government's decision to appeal or not to the Supreme Court of Canada,” responded the Minister of Justice, Simon Jolin-Barrette.

The Quebec Court of Appeal on Wednesday upheld a 2022 Superior Court decision that found a law allowing random police traffic stops led to racial profiling.

In its unanimous decision, the Court of Appeal ruled that the law violates Charter rights, including the right not to be arbitrarily detained and the right to equality.

Public Safety Minister François Bonnardel defended section 636 of the Highway Safety Code — which allows random and unprovoked traffic stops — saying it was “immensely important to the work of police officers.” “And I'm going to continue to defend that position,” he said.

The 2022 decision only addressed random stops, not structured police operations, such as traffic stops to catch drunk drivers.

The Court of Appeal’s decision, rendered by a panel of three judges, gives the provincial government six months to make the necessary changes to the Highway Safety Code.

Read also

• Racial profiling: Court of Appeal upholds ruling banning traffic stops without cause