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
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
2 charged after police find 'concerning and diverse' explosives at Manitoba home
Winnipeg police say they have arrested two people in their 20s after a large amount of explosives were found in a home outside of Winnipeg, Man.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Spain abolishes national bullfighting award in cultural shift
Spain scrapped an annual bullfighting award on Friday, prompting a rebuke from conservatives over a backlash against a centuries-old tradition they see as an art form but which has run into growing concern for animal welfare.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
Police officer hit by driver of fleeing vehicle in Toronto
York Regional Police say they are continuing to search for a suspect in an auto theft investigation who was captured on video running over a police officer in Toronto last month.