Tuesday, July 17, 2007
From lawtimesnews.com: Queen’s University CrimProf Don Stuart recently commented on the Supreme Court of Canada decision in R v. Clayton. In overturning a decision of the Ontario Court of Appeal, the Supreme Court suggested there needs to be deference to police when a handgun is recovered, despite allegations of Charter breaches.
The ruling also goes farther than the U.S. Supreme Court in granting the power to stop cars without “individualized suspicion” if there is a gun call.
CrimProf Stuart says he agrees with the Supreme Court’s conclusion that the search was justified in this case.
But he suggests the ruling does not provide sufficient guidance for other cases and the court should have adopted the test set out by Doherty. “What he did was come up with a nuanced roadblock power. I think it was good law,” says Stuart. Rest of Article. . . [Mark Godsey]