Can a peace officer stop and state his or her name and produce a driver's license and insurance upon demand?

Sections 33 and 73 of the Motor Vehicle Act RSBC 1996 c. 318 authorize a peace officer to require the driver of a motor vehicle to stop and state his or her name and produce a driver's license and insurance upon demand. While a random stop of a vehicle pursuant to this provincial statutory authority constitutes an arbitrary detention within the meaning of Section 9 of the Charter, it is saved under Section 1 of the Charter as a reasonable limit demonstrably justified in a free and democratic society. See, Regina v. Ladouceur, supra per Cory J. at p. 45.

The right to randomly stop a motorist, without any probable cause, is strictly confined to matters related to the operation of the motor vehicle. It is not a general authority to question a driver or search his vehicle. As emphasized by Cory J. in Regina v. Ladouceur, supra: Officers can stop persons only for legal reasons, in this case reasons related to driving a car such as checking the driver's license and insurance, the sobriety of the driver and the mechanical fitness of the vehicle. Once stopped the only questions that may justifiably be asked are those related to driving offences. Any further, more intrusive procedures could only be undertaken based upon reasonable and probable grounds. Where a stop is found to be unlawful, the evidence from the stop could well be excluded under s. 24(2) of the Charter.