Supreme court ruling allows for evidence from a northern Ont. unlawful spot check to be admitted in court
The Supreme Court of Canada has reinstated the impaired driving conviction of a northern Ontario man, despite agreeing that his rights were breached during his arrest.
The case dates back to 2016 in Thessalon First Nation, when two Ontario Provincial Police constables saw a man drive an ATV out of a parking lot of a convenience store in the community.
Officers followed for about a minute and saw him pull into a private driveway nearby. They opted at that point to make a random sobriety check and noticed he was showing several signs of being impaired.
He had red eyes, smelled of alcohol, his knees were buckling and he appeared to be holding on to the side of the ATV with his right hand.
However, both OPP officers involved in the arrest testified they hadn’t seen signs he was impaired before making the random check in the driveway.
If they had grounds to believe he was impaired, the court ruled the arrest would have been legal.
But a random sobriety check is only permitted on public highways, not private property.
However, a 2019 ruling in the Ontario Superior Court of Justice said that on balance, it favoured allowing the police evidence to be used.
Otherwise, it would create a situation in which suspects could avoid impaired driving charges by driving onto private property if they saw police.
“Surely, the statutory authority afforded to police officers under … the Highway Traffic Act are not suspended by the mere fact that the driver of a motor vehicle succeeds in avoiding being stopped on a public street or highway,” the court ruled.
The suspect was then convicted of impaired driving, but that decision was overturned on appeal, in part because the court ruled the fact the arrest took place on private property “elevated appellant’s privacy rights.”
“Simply put, (the suspect) was in his driveway and not on a highway or public roadway,” the court ruled.
“There were no interests of the public that had to be protected at that point in time that would justify the actions of the police authorities or couch them with implied license or authority under the common law.”
A 2021 ruling by the Ontario Court of Appeal upheld the acquittal and the Crown then appealed to the Supreme Court of Canada (SCC).
- Download our app to get local alerts on your device
- Get the latest local updates right to your inbox
In its decision, released March 23, the SCC ruled that it agreed the suspect was not “a driver” as defined by the Highway Traffic Act.
“Even if it can be said that he had care or control of the ATV, he was not on a highway when the police effected the stop,” the court said.
“Therefore, the police stop was unauthorized.”
However, the SCC said the breach was not severe enough that all evidence gathered by police had to be thrown out, especially since the rules regarding sobriety checks on private property were “uncertain” when the OPP made the arrest.
“The unlawful police stop constituted a marked, although not egregious, intrusion on (the suspect’s) charter‑protected interests and moderately favours exclusion of the evidence,” the court said.
“However, the evidence collected by the police was reliable and crucial to the Crown’s case and impaired driving is a serious offence. Admission of the evidence would better serve the truth‑seeking function of the criminal trial process and would not damage the long‑term repute of the justice system.”
Read the full ruling here.
CTVNews.ca Top Stories
DEVELOPING Michael Cohen takes the stand as testimony in Trump hush money case enters 4th week
The star prosecution witness in Donald Trump's hush money trial is set to take the stand Monday with testimony that could help shape the outcome of the first criminal case against an American president.
Police release 3D images of young child found in an Ontario river two years ago
Police have released a three-dimensional image of a young child whose remains were discovered in the Grand River in Dunnville, Ont. almost two years ago.
Steve Buscemi punched in the face while walking in N.Y.C.
Hollywood actor Steve Buscemi has been treated for injuries after being punched in the face while walking in New York City.
'Be very, very careful': Wildfire conditions 'still extreme,' says Alberta fire chief
As wildfire conditions remain 'extreme' in northern Alberta, residents are being urged to be extra cautious and follow a fire ban.
Air quality advisories issued in 5 provinces, 1 territory
Air quality advisories are in effect across Western Canada as smoky conditions plague some areas, according to the latest forecasts. Here's where.
Canucks' Zadorov fined $5,000 for post-game crosscheck on Oilers' McDavid
A Vancouver Canucks defenceman has been given the highest possible fine under the NHL's collective bargaining agreement after a scrum broke out at the end of Game 3 against the Edmonton Oilers Sunday night.
Jerry Seinfeld speech prompts pro-Palestinian demonstration at U.S. university graduation ceremony
A tiny contingent of Duke University graduates opposed pro-Israel comedian Jerry Seinfeld speaking at their commencement in North Carolina Sunday, with about 30 of the 7,000 students leaving their seats and chanting "free Palestine" amid a mix of boos and cheers.
Just how bad are ultraprocessed foods? Here are 5 things to know
Many foods fall under the category of ultraprocessed foods, depending on their exact ingredients. This type of food has been studied a lot lately, and the results aren’t great.
Irving Oil former president dies at age 93
Arthur L. Irving, chairman emeritus and former president of Irving Oil, has died at the age of 93.