The appellant was convicted of impaired driving after a police officer followed his ATV from a public road onto a private driveway to conduct a random sobriety check under the Highway Traffic Act.
The officer had no prior suspicion of impairment.
On appeal, the Superior Court of Justice held that police lack statutory or common law authority to conduct random sobriety stops on private property without articulable cause.
The court found the stop violated the appellant's right against arbitrary detention under section 9 of the Charter, excluded the evidence under section 24(2), and entered an acquittal.
