CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Remedies for denial of rights - Exclusion of evidence

Law360 Canada (March 23, 2023, 1:17 PM EDT) -- Appeal by the Crown from an Ontario Court of Appeal judgment affirming a decision that set aside McColman’s conviction for driving over the legal limit. The police officers conceded that they did not have reasonable and probable grounds to stop the respondent when he pulled his ATV onto the highway. By the time they caught up to him, he had pulled off the highway onto a private driveway. There was no suggestion that he pulled onto the driveway to avoid the police officers. After stopping the respondent, an officer spoke with him and observed obvious signs of impairment, ranging from a strong odour of alcohol to his inability to stand up straight. The respondent stated that he might have had 10 beers that evening. The officer arrested the respondent for impaired driving and brought him to the police station where two delayed breathalyzer tests were conducted. McColman brought a Charter application alleging that the random sobriety stop was unlawful and breached his rights under s. 9 of the Charter. He maintained that the police did not have the authority to conduct the stop on private property. The trial judge dismissed his application and convicted him. McColman appealed to the Ontario Superior Court of Justice. The summary conviction appeal judge allowed the appeal, finding that the police could not conduct sobriety check or road safety interceptions on private property without reasonable and probable grounds. The Crown appealed the acquittal pronounced by the summary conviction appeal judge. The majority of the Ontario Court of Appeal dismissed the appeal....
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