The Canadian Civil Liberties Association says it will join in a constitutional challenge in Quebec of police powers to carry out roadside checks without reasonable cause.

The case involves Joseph-Christopher Luamba, a young man from Montreal who is seeking a judgment that would amend or declare unconstitutional the common law rule granting police the right to stop a motor vehicle solely on the suspicion an offence has been committed.

The plaintiff alleges in a filing in Quebec Superior Court that the practice violates a number of rights guaranteed under the Charter of Rights and Freedoms.

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Since receiving his driver’s licence in March 2019, Luamba alleges he was pulled over based on his race in April, October and November 2019 and again in May 2020.

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He is seeking changes to both the Criminal Code and the Quebec Highway Safety Code, and his February 2021 court filing lists the attorneys general of Quebec and Canada as defendants.

The CCLA announced today it has received intervener status in the case, which means it will be able to bring evidence and support Luamba when the case goes to trial. A trial date has not been set.

This report by The Canadian Press was first published July 20, 2021.


© 2021 The Canadian Press

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