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    Public interest litigation

    Ongoing public interest litigation

    Luamba v. Procureur général du Canada et Procureur général du Québec

    Constitutional challenge regarding police powers

    Latest news

    Following a landmark judgment by Justice Yergeau in October 2022 declaring the police power in dispute invalid and unconstitutional, the Attorney General of Quebec appealed the judgment. The appeal was heard by the Quebec Court of Appeal over two days in March 2024. The Court’s judgment is currently under reserve.

    The Canadian Civil Liberties Association (CCLA) was granted intervener status on a conservatory basis in this case, meaning that it joined the plaintiff in support of its claims, administered its own evidence and participated fully in the six-week trial at first instance. On appeal, the CCLA is a respondent.

    The Canadian Civil Liberties Association (CCLA) has obtained conservatory intervenor status in the file – which means that it has joined the applicant to support his claims, can bring evidence, and fully participate in the upcoming trial.  This case raises important public interest matters. By accepting the CCLA’s status in the file, the parties have recognized that the organization has a substantial contribution to make to this case.

    The case

    Trudel Johnston & Lespérance is proud to represent the Canadian Civil Liberties Association, which intervened in a constitutional challenge that seeks to put an end to certain police powers that enable racial profiling.

    This case challenges the power of the police to carry out roadside checks without suspicion. The CCLA argues that this power is unjustified, arbitrary, and represents a significant violation of individual rights guaranteed by the Charter.

    For more details, the CCLA’s press release announcing the file is available here: https://ccla.org/cclaintervenesracialprofiling/

    More information on the case: Luamba c. Procureur général du Canada et Procureur général du Québec. Court number: 500-17-114387-205 (Cour supérieure du Québec)

    Procedures and judgments

    No documents for this class action