Latest news with #Yergeau
Montreal Gazette
13-05-2025
- Montreal Gazette
Quebec Superior Court authorizes class action over traffic stops without reason
A Quebec Superior Court judge has authorized a class-action suit brought on behalf of racialized people who were stopped while behind the wheel by police without reason to suspect an offence. Justice Catherine Piché authorized the lawsuit in a ruling rendered last month, which targets police in eight defendant cities and the Quebec attorney general, which represents the provincial police. The list of defendants covers police patrolling much of the province, including its largest cities — Montreal and surrounding suburbs, Gatineau and Quebec City. 'It follows that even if we remain cautious at this stage ... the present request appears to me to be anything but frivolous,' Piché wrote. The lawsuit was filed in November 2022 by Papa Ndianko Gueye, following a stop in Longueuil. He represents 'any racialized person who has been the victim of racial profiling during a traffic stop without reason to suspect the commission of an offence by the police services of one of the defendant cities or by the Quebec provincial police since May 23, 2019.' Gueye alleges he was stopped while driving his white Audi on March 26, 2021, but didn't commit a traffic violation. The officer told him he'd stopped him for driving over the speed limit, and Gueye alleged the officer became aggressive and summoned backup quickly. A few days after the stop, he went to the police station to ask about the interception, but was told police did not have any record of it. He received three tickets in the mail, including one for speeding. He alleges the interception was based on 'no genuine motive' and characterized it as racial profiling. The class action was filed in November 2022, two weeks after a landmark decision by Quebec Superior Court Justice Michel Yergeau in a case seeking to have a common law rule allowing Canadian police to stop drivers for no reason to be declared unconstitutional. Yergeau sided with Joseph-Christopher Luamba, a Montrealer of Haitian descent, ruling racial profiling exists and is a reality weighing heavily on Black people. Yergeau's ruling effectivly nullified Section 636 of the province's Highway Safety Code, which gives officers discretionary power to stop any vehicle without reason. 'The preponderant evidence shows that over time, the arbitrary power granted to the police to carry out roadside stops without cause has become for some of them a vector, even a safe conduit for racial profiling against the Black community,' Yergeau wrote in October 2022. 'The rule of law thus becomes a breach through which this sneaky form of racism rushes in.' Gueye's lawyers include a combination of the same lawyers in the Luamba case. His filing alleges police forces in those cities systematically exercised this power in a discriminatory manner in violation of the rights and freedoms of those falling under the class. The Quebec government has appealed the Luamba ruling, arguing it deprived police of an important tool to stop crime, but the Court of Appeal upheld Yergeau's decision last year and gave the province six months to make the necessary changes to the Highway Safety Code. Quebec's Public Security Department announced last month most random traffic stops by police had been suspended, after the Court of Appeal refused to grant an extension. Earlier this month, the Supreme Court of Canada agreed to hear a case about whether it's constitutional for police to make a random traffic stop without reasonable suspicion the driver has committed an offence. In the Gueye case, the parties are expected before the Superior Court sometime in the next two months for a hearing. This story was originally published May 10, 2025 at 6:05 PM.
Montreal Gazette
13-05-2025
- Politics
- Montreal Gazette
Supreme Court will hear Quebec's appeal of ruling against random police stops
The Supreme Court of Canada has agreed to hear a case about whether it's constitutional for police to make a random traffic stop without reasonable suspicion the driver has committed an offence. Canada's highest court announced Thursday it has granted the Quebec government leave to appeal a lower court decision that said random stops lead to racial profiling. The case involves Joseph-Christopher Luamba, a Montrealer of Haitian descent who said he had been stopped by police nearly a dozen times without reason, including several times when he was behind the wheel. None of the stops resulted in a ticket. Quebec Superior Court Justice Michel Yergeau sided with Luamba in October 2022, saying racial profiling exists and that it's a reality that weighs heavily on Black people. 'The preponderant evidence shows that over time, the arbitrary power granted to the police to carry out roadside stops without cause has become for some of them a vector, even a safe conduit for racial profiling against the Black community,' Yergeau said. 'The rule of law thus becomes … a breach through which this sneaky form of racism rushes in.' The Canadian Civil Liberties Association intervened on Luamba's behalf, arguing that random stops by police violate equality rights guaranteed under the Canadian Charter of Rights and Freedoms, and create opportunities for racial profiling. Yergeau's decision was greeted by civil rights groups as a victory against racial profiling. The Quebec government appealed the ruling, arguing that it deprived police of an important tool to stop crime, but the Court of Appeal upheld Yergeau's decision last year and gave the provincial government six months to make the necessary changes to the Highway Safety Code. The Supreme Court will be asked to weigh in on whether stopping drivers with no apparent reason violates the charter, and whether the Quebec judges made an error when they overturned a 1990 Supreme Court decision that upheld the practice of random stops. The high court ruled in the R. v. Ladouceur decision that random stops were the only way to determine whether drivers are properly licensed, whether a vehicle's seatbelts work and whether a driver is impaired. But Yergeau wrote it was time for the justice system to declare that the power to stop vehicles at random violates certain constitutional rights, and is obsolete and inoperable. The lower court rulings do not affect structured police operations, such as roadside checkpoints aimed at stopping drunk drivers. Quebec's Public Security Department announced last month that most random traffic stops by police had been suspended, after the Court of Appeal refused the government's request to allow the practice to continue until the case is heard before the Supreme Court. This story was originally published
Vancouver Sun
11-05-2025
- Vancouver Sun
Quebec judge approves class action over systemic racial profiling in traffic stops
A Quebec Superior Court judge has authorized a class action suit brought on behalf of racialized people who were stopped while behind the wheel by police without reason to suspect an offence. Justice Catherine Piche authorized the lawsuit in a ruling rendered last month, which targets police in eight defendant cities and the Quebec attorney general, which represents the provincial police. The list of defendants covers police patrolling much of the province, including its largest cities — Montreal and surrounding suburbs, Gatineau and Quebec City. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. 'It follows that even if we remain cautious at this stage … the present request appears to me to be anything but frivolous,' Piche wrote. The lawsuit was filed in November 2022 by Papa Ndianko Gueye, following a stop in Longueuil, Que. just south of Montreal. He represents 'any racialized person who has been the victim of racial profiling during a traffic stop without reason to suspect the commission of an offence by the police services of one of the defendant cities or by the Quebec provincial police since May 23, 2019.' Gueye alleges he was stopped while driving his white Audi on March 26, 2021, but didn't commit a traffic violation. The officer told him he'd stopped him for driving over the speed limit, and Gueye alleged the officer became aggressive and summoned backup quickly. A few days after the stop, he went to the police station to ask about the interception, but was told police did not have any record of it. He received three tickets in the mail, including one for speeding. He alleges the interception was based on 'no genuine motive' and characterized it as racial profiling. The class action was filed in November 2022, two weeks after a landmark decision by Quebec Superior Court Justice Michel Yergeau in a case seeking to have a common law rule allowing Canadian police to stop drivers for no reason declared unconstitutional. Yergeau sided with Joseph-Christopher Luamba, a Montrealer of Haitian descent, ruling racial profiling exists and is a reality weighing heavily on Black people. Yergeau's ruling effectively nullified Section 636 of the province's Highway Safety Code, which gives officers discretionary power to stop any vehicle without reason. 'The preponderant evidence shows that over time, the arbitrary power granted to the police to carry out roadside stops without cause has become for some of them a vector, even a safe conduit for racial profiling against the Black community,' Yergeau wrote in October 2022. 'The rule of law thus becomes a breach through which this sneaky form of racism rushes in.' Gueye's lawyers include a combination of the same lawyers in the Luamba case. His filing alleges police forces in those cities systematically exercised this power in a discriminatory manner in violation of the rights and freedoms of those falling under the class. The Quebec government has appealed the Luamba ruling, arguing it deprived police of an important tool to stop crime, but the Court of Appeal upheld Yergeau's decision last year and gave the province six months to make the necessary changes to the Highway Safety Code. Quebec's Public Security Department announced last month that most random traffic stops by police had been suspended, after the Court of Appeal refused to grant an extension. Earlier this month, the Supreme Court of Canada agreed to hear a case about whether it's constitutional for police to make a random traffic stop without reasonable suspicion the driver has committed an offence. In the Gueye case, the parties are expected before the Superior Court sometime in the next two months for a hearing. Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
Global News
10-05-2025
- Global News
Quebec Superior Court authorizes class-action over traffic stops without reason
A Quebec Superior Court judge has authorized a class action suit brought on behalf of racialized people who were stopped while behind the wheel by police without reason to suspect an offence. Justice Catherine Piché authorized the lawsuit in a ruling rendered last month, which targets police in eight defendant cities and the Quebec attorney general, which represents the provincial police. The list of defendants covers police patrolling much of the province, including its largest cities — Montreal and surrounding suburbs, Gatineau and Quebec City. 2:05 Nova Scotia human rights hearing continues on whether store racially profiled shopper 'It follows that even if we remain cautious at this stage … the present request appears to me to be anything but frivolous,' Piché wrote. Story continues below advertisement The lawsuit was filed in November 2022 by Papa Ndianko Gueye, following a stop in Longueuil, Que. just south of Montreal. He represents 'any racialized person who has been the victim of racial profiling during a traffic stop without reason to suspect the commission of an offence by the police services of one of the defendant cities or by the Quebec provincial police since May 23, 2019.' Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Gueye alleges he was stopped while driving his white Audi on March 26, 2021, but didn't commit a traffic violation. The officer told him he'd stopped him for driving over the speed limit, and Gueye alleged the officer became aggressive and summoned backup quickly. A few days after the stop, he went to the police station to ask about the interception but was told police did not have any record of it. He received three tickets in the mail, including one for speeding. He alleges the interception was based on 'no genuine motive' and characterized it as racial profiling. 2:25 A group of racialized Montrealers speak out against police ethics commissioner The class action was filed in November 2022, two weeks after a landmark decision by Quebec Superior Court Justice Michel Yergeau in a case seeking to have a common law rule allowing Canadian police to stop drivers for no reason to be declared unconstitutional. Story continues below advertisement Yergeau sided with Joseph-Christopher Luamba, a Montrealer of Haitian descent, ruling racial profiling exists and is a reality weighing heavily on Black people. Yergeau's ruling effectivly nullified Section 636 of the province's Highway Safety Code, which gives officers discretionary power to stop any vehicle without reason. 'The preponderant evidence shows that over time, the arbitrary power granted to the police to carry out roadside stops without cause has become for some of them a vector, even a safe conduit for racial profiling against the Black community,' Yergeau wrote in October 2022. 'The rule of law thus becomes a breach through which this sneaky form of racism rushes in.' Gueye's lawyers include a combination of the same lawyers in the Luamba case. His filing alleges police forces in those cities systematically exercised this power in a discriminatory manner in violation of the rights and freedoms of those falling under the class. The Quebec government has appealed the Luamba ruling, arguing it deprived police of an important tool to stop crime, but the Court of Appeal upheld Yergeau's decision last year and gave the province six months to make the necessary changes to the Highway Safety Code. 2:11 Civil rights groups applaud Quebec court's ruling on racial profiling by Montreal police Quebec's Public Security Department announced last month that most random traffic stops by police had been suspended, after the Court of Appeal refused to grant an extension. Story continues below advertisement Earlier this month, the Supreme Court of Canada agreed to hear a case about whether it's constitutional for police to make a random traffic stop without reasonable suspicion the driver has committed an offence. In the Gueye case, the parties are expected before the Superior Court sometime in the next two months for a hearing.
Winnipeg Free Press
10-05-2025
- Winnipeg Free Press
Quebec Superior Court authorizes class-action over traffic stops without reason
MONTREAL – A Quebec Superior Court judge has authorized a class action suit brought on behalf of racialized people who were stopped while behind the wheel by police without reason to suspect an offence. Justice Catherine Piché authorized the lawsuit in a ruling rendered last month, which targets police in eight defendant cities and the Quebec attorney general, which represents the provincial police. The list of defendants covers police patrolling much of the province, including its largest cities — Montreal and surrounding suburbs, Gatineau and Quebec City. 'It follows that even if we remain cautious at this stage … the present request appears to me to be anything but frivolous,' Piché wrote. The lawsuit was filed in November 2022 by Papa Ndianko Gueye, following a stop in Longueuil, Que. just south of Montreal. He represents 'any racialized person who has been the victim of racial profiling during a traffic stop without reason to suspect the commission of an offence by the police services of one of the defendant cities or by the Quebec provincial police since May 23, 2019.' Gueye alleges he was stopped while driving his white Audi on March 26, 2021, but didn't commit a traffic violation. The officer told him he'd stopped him for driving over the speed limit, and Gueye alleged the officer became aggressive and summoned backup quickly. A few days after the stop, he went to the police station to ask about the interception but was told police did not have any record of it. He received three tickets in the mail, including one for speeding. He alleges the interception was based on 'no genuine motive' and characterized it as racial profiling. The class action was filed in November 2022, two weeks after a landmark decision by Quebec Superior Court Justice Michel Yergeau in a case seeking to have a common law rule allowing Canadian police to stop drivers for no reason to be declared unconstitutional. Yergeau sided with Joseph-Christopher Luamba, a Montrealer of Haitian descent, ruling racial profiling exists and is a reality weighing heavily on Black people. Yergeau's ruling effectivly nullified Section 636 of the province's Highway Safety Code, which gives officers discretionary power to stop any vehicle without reason. 'The preponderant evidence shows that over time, the arbitrary power granted to the police to carry out roadside stops without cause has become for some of them a vector, even a safe conduit for racial profiling against the Black community,' Yergeau wrote in October 2022. 'The rule of law thus becomes a breach through which this sneaky form of racism rushes in.' Gueye's lawyers include a combination of the same lawyers in the Luamba case. His filing alleges police forces in those cities systematically exercised this power in a discriminatory manner in violation of the rights and freedoms of those falling under the class. Winnipeg Jets Game Days On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop. The Quebec government has appealed the Luamba ruling, arguing it deprived police of an important tool to stop crime, but the Court of Appeal upheld Yergeau's decision last year and gave the province six months to make the necessary changes to the Highway Safety Code. Quebec's Public Security Department announced last month that most random traffic stops by police had been suspended, after the Court of Appeal refused to grant an extension. Earlier this month, the Supreme Court of Canada agreed to hear a case about whether it's constitutional for police to make a random traffic stop without reasonable suspicion the driver has committed an offence. In the Gueye case, the parties are expected before the Superior Court sometime in the next two months for a hearing. This report by The Canadian Press was first published May 10, 2025.
