This case comment focuses on the standards of judicial review applied in Canadian courts, with regards to the duties, rights and liabilities of police officers during a traffic stop. It analyzes legal provisions and circumstances under which traffic police officers are justified or otherwise, to direct a driver’s movements or threaten an arrest during the course of a traffic stop. In brief, the narrative of the case under examination is as follows. On May 3, 2009, shortly after midnight, Constable Adaikin, the appellant, flagged down a speeding motorist at a traffic stop. After obtaining the driver’s information, he went back into his cruiser to write a speeding ticket. However, the motorist did not think he was speeding, and consequently became irate, left his car, and advanced towards the cruiser. The police officer got out of his car and, with his hand near his gun should the need to use it arise, ordered the motorist to get back into his car and wait for the speeding ticket.
