Supreme Court weighs road safety against racial profiling in ‘driving while Black’ case

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…Now, in a two-day hearing starting Monday, the Supreme Court of Canada will hear this landmark equality and police powers case – and revisit a long-ago precedent.

Quebec and several provinces, alongside lawyers for the federal government, will try to convince judges of the Supreme Court to overturn the rulings of the lower courts and reaffirm precedent. 

Governments insist it is a matter of essential road safety.

Mr. Luamba and an array of groups want the top court to strike down precedent and recognize that giving police such powers enables racism. They are calling on the Supreme Court to ban police from random stops of drivers throughout Canada.

“There isn’t anything random about these suspicion-less stops,” said Harini Sivalingam, director of the equality program of the Canadian Civil Liberties Association, which, with Mr. Luamba and the Canadian Association of Black Lawyers, is a respondent at the Supreme Court.

“We’re not saying all police officers are biased,” said Ms. Sivalingam. “But there’s a systemic bias – and it’s well-documented.” 

In 1990, the Supreme Court ruled – in a 5-4 decision – that cops were allowed to randomly stop drivers, declaring “statistics relating to the carnage on the highways substantiate a pressing and substantial concern.”…

Source: Supreme Court weighs road safety against racial profiling in ‘driving while Black’ case