Stopping Vehicles on a Downhill Slope: R. v. Nolet
Criminal Reports, Vol. 76, No. 6, p. 24, 2010
6 Pages Posted: 22 Aug 2012
Date Written: 2010
The law need not stay the same. The Court has indicated its clear willingness to change the law to accommodate changing social conditions, or in other circumstances. However, when the law does change, it is better for all if that happens clearly: when it is apparent that the old approach no longer governs and it is clear what the new approach will be. In this regard, more could have been hoped for from Nolet. The case raises questions about the proper approach to search issues and to detentions involving vehicle stops and seems inconsistent with previous case law in both these areas.
Keywords: R v. Nolet, search, vehicle, detention, Section 8, reasonable expectation of privacy
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