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RIDE checks used to be unlawful
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PostPosted: Mon Jun 15, 2015 3:35 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
This is from back in 1985 when RIDE checks were deemed to be unlawful:
http://scc-csc.lexum.com/scc-csc/scc-cs ... 9/index.do
http://canlii.ca/t/1ftwf

Paragrah 35: "...without validly enacted legislation to support them, the random stops by the police under the R.I.D.E. program are unlawful."

Whats the case law history on RIDE checks, and what is the "validly enacted legislation" that supports them?

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+++ This is not legal advice, only my opinion +++


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Re: RIDE checks used to be unlawful
PostPosted: Mon Jun 15, 2015 8:43 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
jsherk wrote:
This is from back in 1985 when RIDE checks were deemed to be unlawful

While there was a very strong dissent, the case law you're citing actually supports the legality of R.I.D.E. programmes by a 4-3 majority.

Your quote would be from one of the dissenting justices.

The Cole's notes version is that the Court found police have ancillary powers even in absence of an explicit statutory authority. The stop falls within the general scope of a police officer's duties and the interference was minimal and reasonable.


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Re: RIDE checks used to be unlawful
PostPosted: Mon Jun 15, 2015 9:14 am 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Stanton is right, the court has upheld RIDE spot checks as legal both pre and post Charter.


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Re: RIDE checks used to be unlawful
PostPosted: Mon Jun 15, 2015 10:20 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
I was reading it at 3am so did not pickup on the fact that there were more than one opinion in it.

Thanks

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