2nd Session, 43rd Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
Bill 204
THE HIGHWAY TRAFFIC AMENDMENT ACT (REASON FOR TRAFFIC STOP)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
C.C.S.M. c. H60 amended
1 The Highway Traffic Act is amended by this Act.
2(1) The following is added after subsection 76.1(5):
Reason for stop must be given
76.1(5.1) A peace officer must inform the driver of the reason the peace officer required the driver to stop before the peace officer does anything subsection (4) or (5) authorizes.
If peace officer fails to give reason for stop
76.1(5.2) If the peace officer fails to comply with subsection (5.1), any information obtained as a result of the driver being stopped is not admissible in evidence in any proceeding to enforce an enactment of Manitoba or Canada or a municipal by-law.
2(2) Subsection 76.1(7) is amended by striking out "Nothing" and substituting "Subject to subsection (5.1), nothing".
Coming into force
3 This Act comes into force on the day it receives royal assent.
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Explanatory Note The Highway Traffic Act is amended to require a peace officer who stops the driver of a vehicle to first inform the driver of the reason for the stop before further interacting with the driver or a passenger. If the officer fails to give the reason, any evidence arising from the stop is inadmissible in a subsequent enforcement proceeding. |