In what circumstances will a court order a search of a person who has been stopped at a check stop without any reasonable cause?
Ontario, Canada
The following excerpt is from R. v. Taylor, 2013 ONCJ 814 (CanLII):
[42] In Mellenthin v. The Queen (supra) at para. 26, Cory J. stated: “To search a person who is stopped at a check stop, without any reasonable or probable cause, goes far beyond the purpose and aim of those stops and constitutes a very serious Charter breach.”
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