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It's mainly semantics/housekeeping. The supreme court already upheld that position even though the wording of the existing laws was poor.A new Ontario law gives police the authority to charge impaired drivers on private property
The Ontario Provincial Police have received buffed-up authority when it comes to policing impaired driving. They can now charge individuals on private A law introduced on November 19, 2024 gives Ontario Provincial Police the right to conduct sobriety tests on private property. Here's why.
www.scc-csc.ca
I think the definition that changed was "driver" not "motor vehicle". The path the lawyer used was the definition of driver was limited to "someone who drives or has care or control of a vehicle on a highway". Not on a highway, you're not a driver and therefore letter of the law is no authority to do a sobriety test.
It's far worse than that. If you drive home sober and then get hammered, if cops show up within two hours of you driving, they can sobriety test you and charge you with DUI. It has been that way for a few years. Helps to mitigate the Michael Bryant defence where you kill somebody and then start drinking to make it harder to determine BAC at the time of the incident.
Well that's a dangerous precedent....why not just charge me for a DUI after I get home and pop a beer open in the house...
Holy $hit! I was just typing 'well I'm quite sure according to the law they can charge you after you get home and start drinking'...
"Just say no to drunken wrenching."
It's mainly semantics/housekeeping. The supreme court already upheld that position even though the wording of the existing laws was poor.
Supreme Court of Canada | R. v. McColman
Step onto city property at the bottom of your driveway and you could get charged. I know a guy many years ago that had this happen.
I go on evening walks in the summer with a beer in my hand on our street…
Of coarse. We are all criminals.
