Landmark decision on racial profiling

The Young Bar Association of Montreal (" JBM ") welcomes the important decision of the Superior Court of Quebec on racial profiling in Luamba v. Attorney General of Quebec, in which the Honourable Michel Yergeau, j.s.c., orders an end to police interceptions without real cause.

" We would like to congratulate the lawyers, articling students, students and researchers who were involved in this case. Their work was undeniably colossal, and we salute the thanks expressed by the Tribunal in its decision.

Alexandra Paquette, President of the JBM

At issue before the Court was the random interception of motorists by police for road safety checks and controls, without reasonable cause. The plaintiff, Joseph-Christopher Luamba, had been stopped three times in the space of just over a year by a peace officer without receiving a ticket. He had therefore asked the Superior Court to declare unconstitutional the common law rule that gave police officers the power to stop a motor vehicle without reasonable cause.He therefore asked the Superior Court to declare unconstitutional the common law rule that gave police officers the power to stop a road vehicle without reasonable grounds for believing that a violation of the Highway Safety Code had been committed, and also when the immobilization was not part of a structured program.

The Superior Court then asserted that the common law rule formulated by the Supreme Court of Canada in Ladouceur had become obsolete and inoperative.as has article 636 of the Highway Safety Code, which allows peace officers to demand that operators and drivers immobilize their vehicles without cause.

The decision reiterates that the following elements are no longer open to challenge when it comes to the social context of racial profiling:

a) Racial profiling does exist and is a form of racism;

b) The Public Prosecutor acknowledges that racial profiling in one form or another is rife within the police force;

c) Stopping a driver for verification purposes, for reasons other than ensuring road safety, contravenes the rule of law and constitutes an illegal stop;

d) Police leaders and political authorities have, in recent years, begun to be vigilant about racial profiling, devoting resources to it and deploying awareness-raising or training programs with the aim of eradicating the problem.

Diversity and inclusion are at the heart of the JBM's values, and in 2021,
the JBM adopted a Declaration on Ethnocultural Diversity. The JBM welcomes this decision by the
Superior Court, which confirms one of the premises of this declaration, namely the recognition
the existence of racial profiling, discrimination and systemic racism in Quebec.

About JBM

Founded in 1898, the JBM brings together lawyers practicing in Montreal for ten years or less.
5,000 members, representing one-third of the lawyers called to the Montreal Bar. It is therefore
one of the largest associations of young lawyers in the world, in terms of numbers for a single city.
city alone. Its mission is twofold. First, it defends and promotes the interests of its members.
members. On the other hand, it provides legal information services to the public on a pro bono basis.
and offers a number of services to help Quebecers gain access to justice.
In August 2021, the association was awarded the Lieutenant-Governor's Medal for Exceptional Merit.
exceptional merit, "in recognition of the remarkable dynamism shown by [its] members
in the ongoing pursuit of collective well-being". To find out more about our commitments
please visit the Public Services section of our website: http: //ajbm.qc.ca.

Press contact

Adam Alaoui | Communications and Public Relations Manager

514 954-6936 | aalaoui@ajbm.qc.ca | www.ajbm.qc.ca