This week, we discuss a major Supreme Court of Canada decision addressing whether police can enter private property to investigate suspected impaired driving.
In R v Singer, the Supreme Court of Canada considered whether police can enter onto private property without a warrant when investigating a report of impaired driving. The Court ultimately ruled that police may rely on the common law “implied licence” to approach a residence or vehicle, provided their purpose is to communicate with the occupant rather than to gather evidence.
The distinction between communication and investigation becomes critical. If police attend a property intending to collect evidence, the implied licence does not apply. However, determining that intention in practice may be difficult, especially when officers arrive equipped to conduct an impaired driving investigation.
The Court also confirmed that opening a vehicle door on private property without lawful justification is not permitted, absent another recognized police power such as an imminent safety concern. Despite this, the evidence in this case was admitted after the Court found the Charter breach to be minor.
Stream Episode 445 for the full discussion.
