The defendant was charged with impaired operation of a motor vehicle and operating with a blood alcohol concentration in excess of the legal limit.
The central issue was the police authority to enter private property to investigate a suspected impaired driver, specifically whether they exceeded their implied licence to knock and breached the defendant's Charter rights (sections 8 and 9).
The defence argued the police's purpose was to gather evidence and that they exceeded their authority by accessing a side entrance beyond a closed gate.
The court found that the police's purpose was to communicate and inquire, which falls within the implied licence, and that the licence extends to secondary entrances accessible to the public.
The court also found sufficient evidence to identify the defendant as the driver.
The defendant was found guilty of impaired operation, with the excess blood alcohol offence conditionally stayed.