What is the effect of the driveway privacy principle on a motor vehicle accident?

Ontario, Canada


The following excerpt is from R. v. Gomes, 2004 CanLII 20011 (ON SC):

As regards the second issue, His Honour found: In my view the driveway privacy principle as advocated by the defence does not apply in the case at bar. As was stated in R. v. Tricker: It has long been held that the occupier of a dwelling house gives implied license to any member of the public, including a police officer on legitimate business to come onto private property. The implied license ends at the door of the dwelling house. See Robson v. Pallet. In the case at bar, there is no evidence police officers went beyond the driveway to the door of the dwelling. Even if, as the defendant in the case at bar claims, he was sitting on his porch and came out onto his driveway to see what was going on, the fact is, he was still on his driveway when the officers approached him. In my view, the officer had a lawful reason to speak to the defendant on his own driveway. In the case at bar, I am satisfied the police officer attended on the premises to continue his investigation. It was his duty to do so. He was entitled to ask questions of the driver and make observations. During the course of these inquiries, the officer formed an opinion based on reasonable and probable grounds that the defendant was operating a motor vehicle while his ability to do so was impaired by alcohol. Reasons for Judgment

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