What is the effect of a traffic stop by a police officer with a gun on the driver of a pickup truck?

Ontario, Canada


The following excerpt is from R. v. McMullen, 2014 ONCJ 14 (CanLII):

[131] Of some assistance in the court’s analysis in this matter is the case of Regina v. Foos, [2010] B.C.J. No. 2490, a decision of the British Columbia Supreme Court from 2010. In that case the accused had been charged with dangerous driving and possession of stolen property. The accused’s vehicle there had been subject to a traffic stop by an officer who had been instructed to stop the vehicle to investigate the property offences. The truck was not speeding or otherwise driving unlawfully and was pulled over without incident. The officer approached the vehicle with a gun pointed at the vehicle and ordered the driver to put his hands outside the window and get out of the truck. The driver could not do that because he had his seatbelt on and tried to tell the officer but the officer did not hear him.

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