A POLICE STOP – NOTHING MORE THAN A RUSE
In a recent decision, PCJ. L. Anderson held that my client was not stopped for enforcement of a by-law offence as stated by the officer (riding his bicycle on the side walk) but rather because the officer was suspicious of him. He provided a false name and was charged with obstruction of justice.
Police cannot use traffic law police powers as a ruse or guise to stop people when their true purpose is to investigate them for a crime.
Check out the decision at:
https://www.canlii.org/en/ab/abpc/doc/2019/2019abpc237/2019abpc237.html?searchUrlHash=AAAAAQADeml2AAAAAAE&resultIndex=1