Law360 Canada ( May 5, 2022, 6:28 AM EDT) -- Application by the accused for exclusion of evidence due to breaches of ss. 8 and 9 of the Canadian Charter of Rights and Freedoms (Charter). The accused was charged with driving while disqualified. A police officer was at a plaza checking plates of cars in the parking lot for suspensions and checking the sobriety of drivers leaving the area. Just before his dealings with the accused, a Black male, the officer followed a car leaving the plaza and stopped it for a sobriety check. The driver, a white male, showed no indicia of impairment and was soon permitted to be on his way. The officer then stopped the accused’s vehicle to check sobriety. The accused identified himself to the officer. The officer queried the name, and it revealed the accused to be a disqualified driver and on probation. The accused was arrested, and his vehicle was searched incidental to arrest for unlawfully kept liquor. The search revealed nothing. The accused argued the officer stopped him and searched his vehicle based on racial profiling....