Appeal Court rejects Quebec request to halt court ruling that banned random police stops

An SPVM police officer outside a crime scene in Montreal, Tuesday, Oct. 8, 2024. (Christinne Muschi/The Canadian Press)

The Court of Appeal has rejected a request from the Quebec government to continue halting a court order that banned police officers from pulling drivers over for no reason.

Last October, the Quebec Court of Appeal upheld a 2022 landmark ruling that declared random police traffic stops led to racial profiling and violated Charter rights, including freedom from arbitrary detention and equality rights.

The case was initially brought forward by Joseph-Christopher Luamba, a then-22-year-old Black Montreal man who said he had been stopped by Quebec police officers nearly a dozen times, never resulting in a ticket. Evidence presented at trial, which was not contested, showed that arbitrary traffic stops disproportionately affected Black drivers.

In its October 23, 2024 decision, Quebec’s highest court imposed a six-month delay before changes to the Highway Safety Code took effect. The Attorney General of Quebec appealed that ruling pending its request for the Supreme Court of Canada to hear the case, but in a decision issued on Monday, the Court of Appeal denied the request.

The Supreme Court has not yet decided whether or not it will agree to hear the case.

According to the ruling, police officers in Quebec can no longer pull drivers arbitrarily. The ruling does not affect structured police stops, such as those related to impaired driving.

Court of Appeal Justice Stéphane Sansfaçon ruled that extending the delay would likely have “negative repercussions on Black people” that far outweigh the benefits of keeping the delay in place.

The Canadian Civil Liberties Association (CCLA), which was a party in the appeal, has written to police forces in Quebec asking them how they intend to follow the court ruling and how they are informing their officers of the change.

Asked to react to this week’s ruling, a spokesperson for Quebec Public Safety Minister François Bonnardel said he took note of the decision.

“Police officers will be able to resume random stops to check for drunk-driving. We reiterate that this is an essential tool for police work and public safety. We will continue to defend this position. Given that the case is still before the courts, we will not be commenting further,” his office said in an email.

Bruce Johnston, a lawyer representing the CCLA, told CTV News that he suspects the Supreme Court will take it on, and if it does, it could have wider implications for police forces across Canada.

“Racial profiling is not limited, obviously, to Quebec. It exists everywhere in Canada where there are racialized communities,” he said. “So, [the Appeal Court ruling] does not apply outside Quebec but if the Supreme Court hears this case and upholds the Court of Appeal’s decision, then it will, and that’ll be a major change across the country,” he said in an interview.