SECTIONS 8 AND 9 - HOLIDAY TRAFFIC STOPS
Saturday, December 7, 2013 at 8:44AM Enforcement of impaired driving laws traditionally increases during the holiday season and traffic stops can lead to the discovery of more than just impaired drivers. However, searches cannot be unreasonable and detentions cannot be arbitrary. Every step in a roadside investigation has to have a reason. Reviewing the facts in the following cases may assist in ensuring that evidence found during traffic stops is not excluded (eg., R. v. Nartey) due to a Charter breach. The evidence discovered in each case is listed below:
A loaded semi-automatic handgun - R. v. Johnson, 2013 ONCA 177
Loaded guns, cocaine and marijuana - R. v. Nartey, 2013 ONCA 215
A loaded handgun - R. v. Blackwood, 2013 ONCA 219
Marijuana, cocaine and a loaded handgun - R. v. Morris, 2013 ONCA 223