CML 1110 Lecture Notes - Lecture 17: Indictable Offence
3 Mar 2016
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Random stopping of motor vehicles for spot check of driver"s licences and proof of insurance, mechanical fitness of vehicles and sobriety of drivers: v. hufsky, [1988] 1 scr 621 http://www. canlii. ca/en/ca/scc/doc/1988/1988canlii72/1988canlii72. html. Appellant was arbitrarily detained, within the meaning of s. 9 of the charter, as a result of the random stop for the purposes of the spot check procedure. Although the stop had statutory authority and lawful purposes, there were no criteria for the selection of the drivers to be stopped and subjected to the spot check procedure. A discretion is arbitrary if there are no criteria, express or implied, which govern its exercise. A limit prescribed by law on the right not to be arbitrarily detained arose by implication from the terms of s. 189a(1) of the highway traffic act. Police arrest: a person must be informed that he is under arrest, canadian charter of rights and freedoms.
