The defendant was charged with having care or control of a vehicle with cannabis readily available after a police officer found her asleep in the driver's seat of her running vehicle parked on her private driveway.
The officer had entered the driveway to investigate a suspected impaired driving call.
After the prosecution closed its case, the court initiated a non-suit motion to consider whether the officer lawfully entered the private property, whether the defendant had care or control, and whether the officer's observation of cannabis violated section 8 of the Charter.
The court dismissed the non-suit motion, finding the officer acted lawfully under common law ancillary powers, there was evidence of care or control, and the plain view observation of cannabis did not violate the Charter.
