Ottawa undecided on whether it will challenge Quebec ban on random police stops

With a week to go, the feds and Quebec have yet to decide whether to appeal a ruling that prohibits police from stopping vehicles without probable cause because it leads to racial profiling.

"This is an active case," said Canada's Justice Minister David Lametti at a news conference Friday. "We are looking at Justice Yergeau's decision. I can't say more than that. I wouldn't want to prejudge anyone's position."

In a lengthy 170-page decision released on Oct. 25, Superior Court Judge Michel Yergeau found that the interception of vehicles without probable cause was a "licence to racially profile the Black community."

The decision overturned case law established just over 30 years ago by the Supreme Court, the Ladouceur decision, which allowed for the interception of vehicles without probable cause for road safety reasons.

The federal government and Quebec defended the case law before Justice Yergeau, which they say allows for intervention in cases of intoxication due to drinking and driving. Both parties have until Nov. 25 to appeal the decision.

Quebec Justice Minister Simon Jolin-Barrette's office gave a similar response to the federal government's.

"The decision is still being analyzed," said spokesperson Élizabeth Gosselin.

The day after the ruling, Quebec Premier François Legault said it was too early to decide whether the government would appeal. He said, however, that it was necessary to "let the police do their job."

Civil liberties and anti-racism organizations, as well as Québec Solidaire, however, urged the government not to challenge the decision.

The Human Rights and Youth Commission (CDPDJ) called Justice Yergeau's decision a "major step forward against racial profiling." 

• Listen on CJAD 800: Judge invalidates law that allows Quebec police to randomly pull over drivers for traffic stops

'NO SMALL STEPS' TO FIGHT RACISM

Earlier Friday, Lametti announced $998,000 in funding over four years to Montreal-based La Maison Bleue to provide legal assistance to pregnant racialized women.

"There are no small steps in the fight against racism and discrimination," the minister said.

"With this grant, the organization will help women who face obstacles in gaining equal access to the justice system," said Élizabeth Sigouin, lawyer and project director at La Maison Bleue.

She gave examples of possible interventions such as child support, a dispute with a landlord or a need for legal assistance in immigration proceedings.

"When a pregnant woman comes to us with a question of mould in her home that a landlord doesn't want to deal with, it's her health and that of her unborn child that is at stake," she said.

This report by The Canadian Press was first published in French on Nov. 18, 2022.