Driving, as a licensed activity, carries certain limitations. Perhaps most important among them is the prohibition against driving while impaired. But the law cannot reach every corner of a person’s life. At a certain point, privacy interests come into play. To be a driver in Ontario is to drive a vehicle on a “highway”—that is, […]
Does private property provide a sanctuary for drunk drivers and prevent the police from conducting sobriety checks? This issue split the Court of Appeal for Ontario (“ONCA”) in R v McColman, 2021 ONCA 382 [McColman]. On 3 February 2022, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal. Background In March 2016, […]
In R v Michaud, 2015 ONCA 585 [Michaud], the Court of Appeal for Ontario (“ONCA”) reluctantly followed the precedent set in Canada v Bedford, [2013] 3 SCR 1101 [Bedford]. Justice Lauwers of the ONCA found that a highway speed regulation did infringe section 7 of the Charter, but found it to be justified under section […]
How cell phones have changed in the last thirty years - though back then, they were “cellular telephones.” I remember the scene in John Hughes’ film, Sixteen Candles where the Geek, played by Anthony Michael Hall, is driving the Prom Queen home. He can’t drive and she can’t sit up straight. For those who have […]