RIDE checks used to be unlawful

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jsherk
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RIDE checks used to be unlawful

by: jsherk on
Mon Jun 15, 2015 3:35 am

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


Stanton
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by: Stanton on
Mon Jun 15, 2015 8:43 am

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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