regulation. i.e. it is different than walking Random Stops: Ladouceur (SCC Random stop not part Yesarbitrary but Justifications: Unorganized 1990) of roadblock, violation justified. Rationally connected Ok? to the safety Impairs as little as possible Objective of road safety warrants it. Random Stops: Mellenthin (SCC Is there anything the Yesmust be rationally Police cannot ask Limitations 1992) police can’t do when connected to questions beyond the pulling someone over? objectives. aims of the check stop, i.e. sobriety or license questions. Cannot search w/o RPG. Random Brown (ONCA 2003) Can PO stop someone Nomust be rationally Cannot stop someone Ex. of limitation based on any reason? conneted to object of based solely on race. road safety This is arbitrary and unreasonable Sobriety Orbanski/Elias (SCC Do sobriety questions Yesviolates s.10(b). Ppl Violation of s.10(b) Roadside 2005) and tests violate have legal compulsion rights are justified under and Questions charter rights? to comply with the s.1, however results of tests (2008 roadside tests and amendments) = answers to questions detention. Can still are NOT admissible as refuse to answer evidence at trial- just questions, but most ppl used for RPG to order wouldn’t know so breathalyzer. However psychologically PO can give evidence of detained (No actual) their observations. Pre-Trial Release Bail Reform Act 1972 changed the presumption to assume release Who/Where Keep In custody Release Notes Police Arrest and take s.523 Release in officer on to police station force until a) after Street SEE ARREST notice for s.522 or b) RELEASE s.496 all others, until sentencing unless or otherwise ordered. arrest warrant (issued by JP) s.507 Officer in Detain until Promise Charge appearance to before judge or appear justice ASAP s.498 (w/n 24 hours)
regulation. i.e. it is different than walking Random Stops: Unorganized Ladouceur (SCC 1990) Random stop not part of roadblock, violation Ok? Yesarbitrary but justified. Justifications: Rationally connected to the safety Impairs as little as possible Objective of road safety warrants it. Random Stops: Limitations Mellenthin (SCC 1992) Is there anything the police can’t do when pulling someone over? Yesmust be rationally connected to objectives. Police cannot ask questions beyond the aims of the check stop, i.e. sobriety or license questions. Cannot search w/o RPG. Random Ex. of limitation Brown (ONCA 2003) Can PO stop someone based on any reason? Nomust be rationally conneted to object of road safety Cannot stop someone based solely on race. This is arbitrary and unreasonable Sobriety Roadside and Questions Orbanski/Elias (SCC 2005) Do sobriety questions and tests violate charter rights? Yesviolates s.10(b). Ppl have legal compulsion to comply with the tests (2008 amendments) = detention. Can still refuse to answer questions, but most ppl wouldn’t know so psychologically detained (No actual) Violation of s.10(b) rights are justified under s.1, however results of roadside tests and answers to questions are NOT admissible as evidence at trial- just used for RPG to order breathalyzer. However PO can give evidence of their observations. Pre-Trial Release Bail Reform Act 1972 changed the presumption to assume release Who/Where Keep In custody Release Notes Police officer on Street Arrest and take to police station SEE ARREST RELEASE notice s.496 or arrest warrant (issued by JP) s.507 s.523 Release in force until a) after for s.522 or b) all others, until sentencing unless otherwise ordered. Officer in Charge Detain until appearance before judge or justice ASAP (w/n 24 hours) Promise to appear s.498
Thomson-LAW_102-Midterm.docx