Impaired driving trial. Police responded to a complaint of someone shining a flashlight into the window of a home late at night. Police later stopped the accused’s vehicle which was noted to be driving around in the area. No driving pattern. Alleged s. 9 breach.
Held: No s. 9 breach.
As per Yaran 2009 ABPC 31, the police had reasonable grounds to suspect that the occupants of the vehicle were involved in criminal activity. “The officer’s actions were not arbitrary or random, he articulated reasons for his suspicion which were logically connected to his decision to stop the accused. The officer’s observations were proximate both in time and location to the incident that he was investigating.”
R. Patmore – Defence Counsel