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Difference between revisions of "Motor Vehicle Law at the Roadside (13:III)"
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Motor Vehicle Law at the Roadside (13:III) (view source)
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Police officers have the power to stop drivers to check for the fitness of the motor vehicle, possession of a valid driver’s license, proper insurance, and sobriety of the driver. Police officers do not need a warrant, or even reasonable and probable grounds to perform such stops. '''The fact that you are driving on a public highway is enough to justify a vehicle stop.''' | Police officers have the power to stop drivers to check for the fitness of the motor vehicle, possession of a valid driver’s license, proper insurance, and sobriety of the driver. Police officers do not need a warrant, or even reasonable and probable grounds to perform such stops. '''The fact that you are driving on a public highway is enough to justify a vehicle stop.''' | ||
According to the Supreme Court of Canada in ''R v Ladouceur'', [1990] 1 SCR 1257, 56 CCC (3d) 22, random checks by the police for motor vehicle fitness, possession of valid driver’s license and proper insurance, as well as sobriety of driver constitute arbitrary detention contrary to s. 9 of the ''Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK)'', 1982, c 11 [''Charter'']. However, these checks are considered reasonable limits under s 1 of the Charter so long as they are “truly random routine checks”: ''R v McGlashen'', [2004] OJ No 468, 115 CRR (2d) 359. The Ladouceur decision was affirmed in ''R v Orbanski'', 2005 SCC 37, [2005] 2 SCR 3. | According to the Supreme Court of Canada in ''R v Ladouceur'', [1990] 1 SCR 1257, 56 CCC (3d) 22, random checks by the police for motor vehicle fitness, possession of valid driver’s license and proper insurance, as well as sobriety of driver constitute arbitrary detention contrary to s. 9 of the ''Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK)'', 1982, c 11 [''Charter'']. However, these checks are considered reasonable limits under s 1 of the Charter so long as they are “truly random routine checks”: ''R v McGlashen'', [2004] OJ No 468, 115 CRR (2d) 359. The ''Ladouceur'' decision was affirmed in ''R v Orbanski'', 2005 SCC 37, [2005] 2 SCR 3. | ||
Pursuant to Motor Vehicle Act s 79 a peace officer may arrest without warrant any person: | Pursuant to Motor Vehicle Act s 79 a peace officer may arrest without warrant any person: | ||