R. v. Le and R. v. Mann: Police Stops, Detention and Pat-Downs

R. v. Mann (2004)

Police in Winnipeg stopped Mr. Mann because he matched the description of a suspect in a nearby break-in. During a pat-down for weapons, an officer felt something soft in a pocket, reached in and found marijuana. The Supreme Court held that the stop and the pat-down were lawful, but reaching into the pocket went beyond a safety search, and the evidence was excluded.

R. v. Le (2019)

Three officers entered the backyard of a townhouse in a Toronto community housing complex, without a warrant or consent, where Tom Le and four friends, all young men of colour, were talking. They asked questions and for identification. Mr. Le ran, and was found with a gun and drugs. The Supreme Court held he was detained as soon as the officers entered and started questioning, that the detention was arbitrary, and excluded the evidence. The Court recognized that the reality of police interactions for racialized people and those in low-income communities is part of how a reasonable person would view the encounter.

Your rights in a stop

• You can ask whether you are free to go.
• If detained, you have the right to know why and to speak to a lawyer without delay.
• Outside specific situations, such as a driver who must show a licence, you generally don't have to answer police questions.
• Stay calm and don't physically resist, even if you believe the stop is unlawful. Challenge it later, in court.
• In Ontario, a regulation limits random police street checks (often called carding) that collect identifying information.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.