The appellant appealed his summary conviction for impaired operation, arguing the trial judge erred in finding no breaches of his ss. 8 and 10(b) Charter rights.
The appellant contended that police conducted a warrantless search by entering his property and that he was psychologically detained at his doorway without being read his rights to counsel.
The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that police acted within an implied licence to approach the home, and no error of law in the finding that a reasonable person would have understood they were free to leave the presence of the police.
