The Ontario Provincial Police have received buffed-up authority when it comes to policing impaired driving. They can now charge individuals on private property.
On November 19, 2024, the Safer Roads and Communities Act, 2024 received Royal Assent. This law, in conjunction with Ontario’s Highway Traffic Act, allows police to assess a driver’s sobriety regardless of where they are.
“These changes are very important to the police, the public, and drivers who drive while impaired by alcohol and/or drugs,” said Ted Warman, the community engagement officer for the Huntsville OPP detachment, in a statement.
Previously, there were some grey areas around where and when police could conduct sobriety tests. Most notably, there was the 2016 case of Walker McColman. Early on the morning of March 26, 2016 near Lake Huron, OPP officers witnessed McColman drive his ATV from a convenience store parking lot onto the highway and then into the driveway of his parent’s home.
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The OPP officers followed McColman into the driveway and pulled him over. One of the officers testified at trial that they hadn’t witnessed any signs of impairment but pulled McColman over as part of a random sobriety check, which they are legally allowed to administer to anyone operating a vehicle on an Ontario highway. After a breathalyzer test, it was clear that McColman was intoxicated. He told the officers that he might have had 10 beers that evening.
But McColman was able to get the charge thrown out after his lawyer argued that the police had no right to stop him on private property. Because of this, any evidence from the interaction on private property could not be used in the case against McColman. At the time, the Highway Traffic Act stipulated that police could only administer sobriety checks on highways (which includes public streets, avenues, roads, etc.). Not on private property.
The Crown appealed this decision in the Supreme Court of Canada. The Supreme Court sided with the Crown and reinstated the charges against McColman. The Supreme Court judge admitted that the evidence against McColman had been collected illegally on private property, but it was still relevant to the case.
That decision was rendered in 2023. A year later, the Ontario government introduced the Safer Roads and Communities Act, 2024, which amended the Highway Traffic Act to allow police to administer sobriety checks on and off the highway—meaning private property.
The term “motor vehicle” has also been amended in the Act to include all types of motor vehicles. This means if an OPP officer sees an individual drinking while operating a riding lawnmower, a tractor, a snowmobile, or even just sleeping in a running car, they can ask the individual to perform a sobriety check.
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Impaired driving continues to be a major issue in Ontario. According to the OPP, in 2022, 20,000 drivers were suspended for impaired driving—that’s one every 26 minutes. The penalty for impaired driving can include an immediate 90-day licence suspension, $550 in fines, enrolment in education or treatment programs, a seven-day vehicle impoundment, and possible jail time.
“These amendments are expected to enhance the detection of impaired drivers, thereby contributing to safer roads and communities across Ontario,” said Warman.
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