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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Jackson, 2025 ONCA 717 where police — after witnessing a suspected drug deal — stopped a vehicle, claiming a passenger was not wearing his seat belt. During the interaction, police saw cannabis shake (green specs and flakes) on the dashboard, smelled fresh marihuana and noticed an air freshener in the vehicle. When the man was about to be searched under Ontario's Cannabis Control Act, he fled, only to be chased down and arrested. A search incident to arrest turned up two ounces of fentanyl in his possession and other drugs in the vehicle. When this went to court the man alleged the police used the seatbelt infraction as a false pretext to arbitrarily detain him and search for drugs, and he wanted the evidence excluded. Was the traffic stop lawful? Or did the police use their Highway Traffic Act authority as a ruse — a false flag — to pull the vehicle over and search it? What you might learn may help you with future stops where you are suspicious of a vehicle's occupants while at the same time witness a traffic related infraction.  

Sentencing reasons (R. v. Jackson, 2024 ONSC 2402).

Ontario's Highway Traffic Act (HTA)

s. 216(1) HTA:

A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a vehicle, other than a bicycle, to stop and the driver of a vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.

s. 106(3) HTA:

Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall, (a)  occupy a seating position for which a seat belt assembly has been provided; and (b)  wear the complete seat belt assembly as required by subsection (5). 

Ontario's Cannabis Control Act (CCA)

s. 12(1) CCA:

No person shall drive or have the care or control of a vehicle or boat, whether or not it is in motion, while any cannabis is contained in the vehicle or boat.

s. 12(2) CCA:

Subsection (1) does not apply with respect to cannabis that, (a)  is in its original packaging and has not been opened; or (b)  is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle or boat. 

s. 12(3) CCA:

A police officer who has reasonable grounds to believe that cannabis is being contained in a vehicle or boat in contravention of subsection (1) may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it.

Other reference:

• R. v. Kaddoura, 2009 BCCA 113.

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