Police do not have the authority to conduct random tests for alcohol intoxication on private property, the Supreme Court of Canada has ruled.
The case, K v. McColman, with the Canadian Civil Liberties Association (CCLA) granted intervenor status, arose as a result of Walker McColman, a northern Ontario man, being charged and arrested for impaired driving on March 26, 2016.
McColman left a restaurant and gas station on an ATV, near the Thessalon First Nation, according to court documents. Police on general patrol decided to conduct a sobriety test on the driver and began to follow him, despite not observing any concerns with his driving of the all-terrain vehicle….