Brown v. Durham Regional Police Force

43 O.R. (3d) 223

Facts

ON CA

-plainti8ffs were members of a motorcycle club owned lakefront property and used it for recreational purposes -ocassionally hosting large weekend parties which were attended by members, friends and associates of mebers and other invited motorcycle clubs. -police believed that the club and other similar motorcycle gangs were criminal organizations where gang members regualry engaged in a wide variety of criminal activities -danger was thought to be particularly acute when large numbers of gang members gathered to party in relatively remote area near small communities -police decided to establish large-scale checkpoints involving large number of heavily armed officers on the two roads leading to the property -persons travelling from and to property where required to pul off the highway into the checkpoint -anyone driving a harley davidson motorcycle was stopped and anyone wearing biker gang colours -deatined were required to show their licence, ownership and insurence and await results of a CPIC check -while waiting for a CPIC check officers cheched vehicles and equipment for mechanical fitness and compliance with applicable safety standars -detainees were videotaped by the police -drivers of the vehicles and sometimes their passengers were questioned by the police while awaiting the results of the CPIC check -detentions lasted from 3 to 20 minutes -plaintiffs were among those detained -brought an action claiming that the stop violated their rights under s. 9 of the Canadian Charter of Rights and Freedoms-trial judge found the plaintiffs were not arbitrarily detained and dismissed the action -plaintiffs appealed

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