Quebec to appeal random police stop judgment

By Dan Laxer The Suburban, Dec 18, 2024 Updated Dec 18, 2024

In November, The Suburban reported on the civil rights group Red Coalition calling on all elected officials to band together and urge Quebec not to appeal the judgment striking down random police stops because they lead to racial profiling. The ruling came from the province’s Court of Appeal. Despite its call and that of others, Quebec has decided to appeal the ruling to the Supreme Court of Canada.
The Red Coalition’s founder and chairman Joel DeBellefeuille questioned, at the time, why the government would consider an appeal after Public Security Minister François Bonnardel posted on X that he was disappointed in the ruling. “Why, as an elected official, would you want to agree with a law that’s discriminatory?” DeBellefeuille said.

Announcing the appeal this week, Justice Minister Simon Jolin-Barrette charged that the Court of Appeal ruling creates unsafe conditions. “For us,” he told reporters, “it’s important to ensure that police officers have the tools they need to do their job.”
In a press release put out on December 5, DeBellefeuille pointed out that not one, but two court rulings have held that Article 636 of the Quebec Highway Code violates both the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms.
“This decision (to appeal) speaks volumes,” said DeBellefeuille. The CAQ government knows full well that the courts have concluded Article 636 is discriminatory. By choosing to defend it further, they are sending a clear message that they are willing to disregard the rights of Black and racialized drivers in the name of maintaining an outdated and harmful practice.”
The Red Coalition has been asking for Article 636 to be amended to address public safety concerns without enabling racial profiling or arbitrary detentions.
“This is not an ‘either-or’ situation,” DeBellefeuille said. “We can save lives and uphold the principles of equality and justice at the same time. Introducing reasonable cause and motive as prerequisites for traffic stops would be a practical and equitable solution that protects everyone.”
The government’s appeal to the Supreme Court is not a done deal. Proper procedure dictates that the government must first apply or file for leave to appeal. It is the government’s position that the Court of Appeal erred in its ruling. But Jolin-Barrette would not go into detail about that contention.