Some may question the legality of the current carding policy. Some argue that the policy infringes some of their constitutional rights in Canadian Charter of Rights and Freedoms, such as their violation of their section 8 right against unreasonable search and seizure, as well as their section 9 right not to be arbitrarily detained or imprisoned. Some may even go further and argue that some of their rights defined in the Human Rights Code have been violated, such as their section 1 ( Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, …show more content…
Since most carding occurrences come as arbitrary, random, and unexpected, although police may come up with excuses, these are the reasons why some may feel their rights have been violated. Despite the arguments of the illegality of carding, the practice is indeed legal. Yes, these arbitrary stops by police officers can sometimes constitute an infringement of their Charter of Rights and Freedoms and Human Rights Code rights, but these interactions are justified as minimal infringements. A minimal infringement is balancing the rights of a single person (or group) between the rights of society, for the greater good. A minimal infringement can be justified under section 1 of the Charter: reasonable limits. Carding is a reasonable limitation on the people’s expectation of unreasonable search and seizure.4 Carding is simply identifying and providing information to a person of authority. This is a requirement in all countries, especially when entering a foreign one. For example, when entering the customs department at a border, a border guard will ask for ID, namely a passport, as well ask some