The appellant appealed his summary conviction for 'over 80'.
Police officers observed a vehicle stuck in the snow in the side yard of a residence and entered the property to investigate, suspecting an accident or medical emergency.
They found the appellant, who lived at the residence, and formed grounds to arrest him for impaired driving.
The appellant argued the police entry violated his s. 8 Charter rights.
The Superior Court of Justice dismissed the appeal, finding the police had lawful authority to enter the property under both the implied licence doctrine and the common law ancillary powers doctrine, and had reasonable grounds for the arrest and breath demand.
