The Crown appealed an acquittal for operating a motor vehicle with a blood alcohol level exceeding the legal limit after the trial judge excluded breathalyzer evidence for a Charter breach.
The trial judge had found the accused was arbitrarily detained contrary to s. 9 of the Charter when police blocked his vehicle in a private parking lot after he had exited a highway, concluding the Highway Traffic Act random stop authority did not apply.
The Superior Court agreed that the accused was not a “driver” under the Highway Traffic Act once parked on private property.
However, the court held that the detention was nevertheless lawful under the common law police power to investigate impaired driving risks, even on private property adjacent to a roadway.
As there was no Charter breach, the Crown’s appeal was allowed and the matter was remitted for a new trial.
