Police Entering Driveway Under Implied Licence Doctrine Upheld In 5:4 Decision

Background

On March 20, 2019, at around 11:00 pm, police received a report that the accused, Mr. Singer, was speeding in a white truck while intoxicated in a small First Nations community in Saskatchewan. Two officers were dispatched to investigate. About an hour later, an officer located a vehicle matching the description provided by the caller, parked on the driveway of a private residence and running with its lights on.

The officers could not see anyone in the truck from the public road. They stepped onto the driveway, approached the truck, and saw a man sleeping or passed out in the driver’s seat. The officers spent a few minutes knocking on the window, but the occupant did not respond. An officer then opened the driver’s side door and smelled a strong odour of alcohol coming from the truck. She identified the man as Mr. Singer, having dealt with him before. The other officer then opened the passenger’s side door and, as Mr. Singer remained unresponsive, shook him awake. A