Episode 446: Supreme Court Clarifies Police Powers on Private Property

This week, we discuss a major Supreme Court of Canada decision on when police can enter private property without a warrant.

In R v Singer, the Supreme Court of Canada addressed whether police can enter private property to investigate suspected impaired driving. The Court concluded that police may rely on the 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 is central to the decision and will likely be heavily litigated in future cases. The Court also confirmed that opening a vehicle door on private property without lawful justification is not permitted, though the breach in this case was ultimately found to be minor.

The episode also examines a recent failed appeal involving a distracted driving ticket and whether demerit points qualify as legally relevant consequences, as well as broader issues around vehicle safety and the risks of over-reliance on self-driving technology.

Stream Episode 446 for the full discussion.

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