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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
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