The Luamba Case: Test Your Knowledge of Police Road Checks

Right answer

Racial profiling and random police road checks are often in the news. According to an independent research study performed by a university and published last year, Black, Indigenous and Arab people are four to five times more likely to undergo identity checks than white people. These checks are disproportionate, considering the crime rates in their respective ethnic groups.    

In 2022, Joseph-Christopher Luamba, a Black man, reported that he had been stopped for no reason by the police approximately ten times in the past 18 months. He filed a complaint against the Quebec and Canadian governments. The Superior Court and the Court of Appeal had to decide whether art 636 of the Highway Safety Code was legal. This article allows police officers to perform road checks for no particular reason since 1990.  

The Superior Court found this article to be invalid. The Court of Appeal confirmed that the article violated articles 9 and 15 of the Canadian Charter of Rights and Freedoms, which protect against arbitrary detention and discrimination. As a result, police officers will no longer have the power to do random road checks as of April 2025.  

Wrong answer

Racial profiling and random police road checks are often in the news. According to an independent research study performed by a university and published last year, Black, Indigenous and Arab people are four to five times more likely to undergo identity checks than white people. These checks are disproportionate, considering the crime rates in their respective ethnic groups.    

In 2022, Joseph-Christopher Luamba, a Black man, reported that he had been stopped for no reason by the police approximately ten times in the past 18 months. He filed a complaint against the Quebec and Canadian governments. The Superior Court and the Court of Appeal had to decide whether art 636 of the Highway Safety Code was legal. This article allows police officers to perform road checks for no particular reason since 1990.  

The Superior Court found this article to be invalid. The Court of Appeal confirmed that the article violated articles 9 and 15 of the Canadian Charter of Rights and Freedoms, which protect against arbitrary detention and discrimination. As a result, police officers will no longer have the power to do random road checks as of April 2025.  

Wrong answer

In the Luamba case, both the Superior Court and the Court of Appeal relied on the Supreme Court’s conclusions in a previous case – the Ladouceur case. This 1990 decision recognized that police officers had the right to perform random road checks. The Supreme Court was very divided on this issue, as five judges supported this conclusion and four were against it.
    
In 2024, the Court of Appeal found that society had changed significantly since the Ladouceur case. According to the court, the rule allowing random road checks became a sort of “safe-conduct for police officers to engage in racial profiling against Black drivers.”  

Right answer

In the Luamba case, both the Superior Court and the Court of Appeal relied on the Supreme Court’s conclusions in a previous case – the Ladouceur case. This 1990 decision recognized that police officers had the right to perform random road checks. The Supreme Court was very divided on this issue, as five judges supported this conclusion and four were against it.    

In 2024, the Court of Appeal found that society had changed significantly since the Ladouceur case. According to the court, the rule allowing random road checks became a sort of “safe-conduct for police officers to engage in racial profiling against Black drivers.”  

Wrong answer

The Highway Safety Code contains no criteria or standards to guide the police officers in selecting drivers for their random road checks.  

In other words, police officers have a lot of discretionary power. Although the Highway Safety Code doesn’t explicitly allow racial profiling, there’s no guarantee that random checks are made without bias.  

Wrong answer

The Highway Safety Code contains no criteria or standards to guide the police officers in selecting drivers for their random road checks.  

In other words, police officers have a lot of discretionary power. Although the Highway Safety Code doesn’t explicitly allow racial profiling, there’s no guarantee that random checks are made without bias.  

Right answer

The Highway Safety Code contains no criteria or standards to guide the police officers in selecting drivers for their random road checks.  

In other words, police officers have a lot of discretionary power. Although the Highway Safety Code doesn’t explicitly allow racial profiling, there’s no guarantee that random checks are made without bias.  

Wrong answer

According to the Court of Appeal, racial profiling is often the result of unconscious behaviour rather than overt racism.
  
An expert brought before the Court stated that “profiling often takes subtle and insidious forms rather than being the result of intentional and explicit behaviour […] It’s not necessary for the person in authority to be explicitly racist or to have racist motivations for profiling to occur […]. This is why profiling is also found to exist when the actions, practices and decisions of a person in authority have disproportionate effects on identified and targeted groups (Éducaloi’s translation)”. 

According to the Court, racial profiling can occur even where there’s no police misconduct. Police officers can engage in racial profiling even if their motivations for stopping a person aren’t based on negative stereotypes related to their ethnic origin.

Wrong answer

According to the Court of Appeal, racial profiling is often the result of unconscious behaviour rather than overt racism.
  
An expert brought before the Court stated that “profiling often takes subtle and insidious forms rather than being the result of intentional and explicit behaviour […] It’s not necessary for the person in authority to be explicitly racist or to have racist motivations for profiling to occur […]. This is why profiling is also found to exist when the actions, practices and decisions of a person in authority have disproportionate effects on identified and targeted groups (Éducaloi’s translation)”. 

According to the Court, racial profiling can occur even where there’s no police misconduct. Police officers can engage in racial profiling even if their motivations for stopping a person aren’t based on negative stereotypes related to their ethnic origin.

Right answer

According to the Court of Appeal, racial profiling is often the result of unconscious behaviour rather than overt racism.
  
An expert brought before the Court stated that “profiling often takes subtle and insidious forms rather than being the result of intentional and explicit behaviour […] It’s not necessary for the person in authority to be explicitly racist or to have racist motivations for profiling to occur […]. This is why profiling is also found to exist when the actions, practices and decisions of a person in authority have disproportionate effects on identified and targeted groups (Éducaloi’s translation)”. 

According to the Court, racial profiling can occur even where there’s no police misconduct. Police officers can engage in racial profiling even if their motivations for stopping a person aren’t based on negative stereotypes related to their ethnic origin.

Wrong answer

In the Luamba case, the Court of Appeal emphasized that proving that racial profiling occurred is a complex task. The Court explained: if a police officer stops a Black driver who respected the law and asks him questions related to the Highway Safety Code, racial profiling might still have played a role in the officer’s decision to stop this specific person.   

Given that the police use random criteria to decide who to stop for these road checks, racial profiling could be one of the factors motivating their decision. Many police officers are unaware that the ethnic origin of the driver plays a role in their road checks.  

Right answer

In the Luamba case, the Court of Appeal emphasized that proving that racial profiling occurred is a complex task. The Court explained: if a police officer stops a Black driver who respected the law and asks him questions related to the Highway Safety Code, racial profiling might still have played a role in the officer’s decision to stop this specific person.   

Given that the police use random criteria to decide who to stop for these road checks, racial profiling could be one of the factors motivating their decision. Many police officers are unaware that the ethnic origin of the driver plays a role in their road checks.