To Stop or Not To Stop? Police Carding Practices.

• Date: 01 May 2019
• Author: Izadi, Melody

In R. v. Omar, 2018 ONCA 975 (CanLII), the Ontario Court of Appeal has rubber stamped the illegality of what is commonly referred to as carding, declaring that "[Everyone has] every right to be walking down the street unimpeded by the police" (at para 51).

In a stunning decision where the Crown's case rested solely on the drugs, firearm and ammunition found on Mr. Omar, the Court of Appeal excluded the evidence because of the breaches of the Applicant's rights. Mr. Omar was acquitted on all counts.

"I recognize that the exclusion of a firearm from evidence may be seen from one perspective as producing an unpalatable result" the Court held, "but a difficult result in one case is sometimes an acceptable price to pay for ensuring respect for Charter rights..." (at...