sobriety stops

SCC Refuses to Extend Random Sobriety Stop Power to Private Property: R v McColman

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, […]

Sanctuary from Drunk Driving Sanctions: SCC to hear appeal in R v McColman

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, […]