Private Property: A Legal Sanctuary for Impaired Drivers - Mario Elbardisy
Impaired driving has plagued our society for decades. However, police have been empowered by the Highway Traffic Act (“HTA”) to conduct random stops to tackle this devasting crime. Unfortunately, the Ontario Court of Appeal’s recent decision in R. v. McColman allows impaired drivers to turn onto private property to achieve a “safe haven” or “legal sanctuary.”
Drinking in Cold Places: The Impacts of Care and Control (Part 2/2) - Samantha Harvey
Now that we have examined several cases where the individuals in question have been acquitted of posing any realistic risk of danger to persons or property, it is important to consider what kind of actions have been found to create such a potential danger. In the case of R v Buckingham, the accused made the court’s job quite simple, although the justices did not seem excited to revisit the “thorny question of what constitutes de facto care and control of a motor vehicle.”
Drinking in Cold Places: The Impacts of Care and Control (Part 1/2) - Samantha Harvey
We have all heard of drinking with friends in low places, but what about drinking with friends in cold places? This is a narrative familiar to many Manitobans, especially those of us living in rural areas. Someone drives to a house party but decides to have a couple of drinks despite the fact that they drove there. Later, they realize they are too intoxicated to drive and do not have any easy transit home.
