(Montreal) The power of the police to stop motorists randomly would be an important deterrent tool to prevent dangerous behavior on the road, pleaded a lawyer for the Quebec government, Wednesday, during a constitutional challenge before the court.
Posted at 9:28 p.m.
Lawyer Michel Déom told Superior Court Judge Michel Yergeau that the problem does not lie in this power in itself, but rather in its abusive exercise by certain police officers.
Me Déom delivered his final plea in a case initiated by a black man from Montreal and the Canadian Civil Liberties Association. According to them, the random stops violate the right to equality protected by the Canadian Charter of Rights and Freedoms.
According to the government lawyer, it is up to police forces and oversight bodies, such as ethics committees, to combat racial profiling among police officers.
Montrealer Joseph-Christopher Luamba says he was intercepted by patrol officers, without valid reason, nearly a dozen times. It is he who, along with the Canadian Civil Liberties Association, is challenging the constitutionality of these practices of stopping drivers without reason to believe that an offense has been committed. On the other hand, the plaintiffs do not object to structured police operations such as roadblocks to identify drunk drivers, for example.
For lawyer Bruce W. Johnston, who represents the Canadian Civil Liberties Association, the power of police officers to randomly intercept motorists opens the door to arbitrary and discriminatory use of this power.
“This power is not used randomly, but rather in a discriminatory and highly prejudicial way towards black people and racialized people”, is it written in a summary of the arguments presented by Ms.e Johnston and his colleague Me Lex Gil.
For the plaintiffs, the fact that random checks affect black drivers, and more particularly black men, should reconsider the argument that this constitutes a serious limitation on freedom of movement.
If Judge Yergeau agrees with the plaintiffs, he will also have to quash a Supreme Court of Canada decision dating back to 1990. In this judgment, the court determined that random stops were the only way to dissuade people from driving without license or commit other offenses such as driving with a defective seat belt or under the influence of alcohol.
Me Déom did not submit new evidence arguing that the onus to overturn the Supreme Court’s decision rests with the plaintiffs.
On the other hand, with regard to the reality of racial profiling in Quebec, many police officers testified that the police forces took the issue seriously and attacked it.
Judge Yergeau, however, seemed to question this virtue.
“How many generations will it take to ensure that this Charter right of black people is respected when they drive their car? asked the magistrate.
The trial, which began on May 30, is due to end this Thursday after a final day of pleadings.