Traffic stops without cause
Section 636 of the Highway Safety Code gives police officers the discretionary power to stop any vehicle without providing a reason. This power was declared inoperative and contrary to the Canadian Charter of Rights and Freedoms in Luamba v. Attorney General of Quebec, 2022 QCCS 3866, a decision which was upheld by the Court of Appeal (2024 QCCA 1387, 2025 QCCA 373) and which is currently before the Supreme Court of Canada (dossier 41605).
In the present class action, the plaintiff alleges that the defendants’ police forces have systematically exercised this power in a discriminatory manner in violation of the rights and freedoms of the class members, and seeks damages in virtue of the Canadian and Québec Charters.
Latest News
On June 13, 2025, the defendants requested permission to appeal the authorization judgment. On September 11, 2025, the Honourable François Bachand of the Cour of Appeal rejected their request. You can consult the Court of Appeal judgment here.
Class Criteria
You could be part of the class action if:
– You are a racialized person
– You were subject to a traffic stop by Sûreté du Québec or by the police department of one of the following municipalities: Montreal, Quebec, Longueuil, Repentigny, Laval, Blainville, Gatineau, and Terrebonne
– This traffic stop was done without grounds for suspecting the commission of an offense
– During this traffic stop, you were the victim of racial profiling
– This traffic stop occurred after May 22, 2019
Case Summary
Papa Ndianko Gueye, represented by Trudel Johnston & Lespérance, filed an application for authorization to institute a class action concerning police traffic stops made without grounds for suspecting the commission of an offence on November 9, 2022. This class action seeks damages for the violation of the members’ right and compensation for the harm they have suffered.
The application for authorization was heard on April 30, 2025 by the Honourable Catherine Piché, the Superior Court judge assigned to the file. This hearing also concerned an application for permission to modify the application for authorization. Both applications were granted. You can consult the authorization judgment here.
FOR MORE INFORMATION
Phone: 514 871-8385
Email: [email protected]
About the case
Title: Papa Ndianko Gueye v. City of Longueuil and City of Repentigny and City of Laval and City of Blainville and City of Quebec and City of Gatineau and City of Montreal and City of Terrebonne and Attorney General of Quebec
File number: 500-06-001205-224 (Quebec Superior Court)