Tuesday, November 5, 2013

Bogus traffic stops amounts to arbitrary detention

R. v. Becker, 2013 BCPC 287:

I am satisfied that this explanation was indeed a ruse generated in an effort to provide a reason for a traffic stop, knowing that there were no reasonable grounds to enter into any other sort of investigation. Simply put, I accept the argument of counsel for Mr. Becker that the stop was not a traffic stop and was not authorized in law.  As such, it was an arbitrary detention clearly in violation of Mr. Becker's Section 9 rights.

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