The Crown appealed from the Saskatchewan Court of Appeal's decision acquitting the respondent of refusing to comply with a breath demand.
Police had entered a private driveway to investigate an impaired driving complaint, found the accused asleep in a running truck, knocked on the window without response, then opened the truck door and detected a strong odour of alcohol.
The majority held that police had an implied licence to enter the driveway and knock on the truck window, but exceeded that licence by opening the door, constituting an unreasonable search under s. 8 of the Charter.
However, the evidence should not be excluded under s. 24(2) given society's strong interest in prosecuting the serious offence.
Four justices dissented, finding that the police exceeded the implied licence from the moment they entered the property with the intent to gather evidence, and that the evidence should be excluded.