R. v. Halloran

R. v. Halloran

The court held that entry onto and questioning on the driveway to investigate a suspected impaired driver was within the common law implied licence and did not constitute an arbitrary detention under s.9; Williams was wrongly decided in treating driveway entries as equivalent to entry into the dwelling, and the...

Source-derived case information.

Citation
2007 BCSC 1425
Parties
Crown: Regina; Accused: Brian Ernest Peter Halloran
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 September 2007
Procedural Posture
Criminal Crown Appeal From Acquittal / Decision on Appeal Ordering New Trial
Outcome
Crown appeal allowed in part; trial judge erred in finding a Charter s.9 breach
Legal Topics
Section 9 Arbitrary Detention, Implied Licence to Approach Driveway, Breath Sample Demand and Admissibility, Motor Vehicle Act Stop Powers
Source Language
english
Criminal Law Constitutional Law Evidence Police Powers Section 9 Arbitrary Detention Implied Licence to Approach Driveway Breath Sample Demand and Admissibility Motor Vehicle Act Stop Powers

Source-derived case record

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Parties

Regina

Crown

Brian Ernest Peter Halloran

Accused

Procedural Posture

Criminal Crown Appeal From Acquittal / Decision on Appeal Ordering New Trial

Legal Issues

  1. 1 Whether police detention of motorist on private driveway engaged s.9 of the Charter
  2. 2 Whether the common law implied licence permits police to enter a driveway to investigate driving offences without breaching s.8 or s.9
  3. 3 Whether evidence of a failed roadside screening and breathalyser demand was admissible following the detention

Ratio Decidendi

The court held that entry onto and questioning on the driveway to investigate a suspected impaired driver was within the common law implied licence and did not constitute an arbitrary detention under s.9; Williams was wrongly decided in treating driveway entries as equivalent to entry into the dwelling, and the acquittal was set aside and a new trial ordered.

Court Disposition

Crown appeal allowed in part; trial judge erred in finding a Charter s.9 breach

Orders

  • Acquittal set aside
  • New trial ordered