If you’re facing criminal charges after police came onto your property, understanding your rights is essential. In R v Singer, 2023 SKCA 34, the Saskatchewan Court of Appeal delivered a significant decision on how far police can go when entering a person’s private property—especially in the context of impaired driving investigations.
This case reaffirms that police cannot simply enter your driveway and investigate a crime without proper legal authority. The Court found that the officers in Singer overstepped their bounds, breaching constitutional protections under section 8 of the Charter of Rights and Freedoms.
Charged after police searched your vehicle or property? Call (306) 994-9522 now for immediate legal support.
What Took Place in R v Singer?
Police were alerted to a possible impaired driver operating a white Ford pickup. Over an hour later, they located a similar vehicle parked on a residential driveway. The truck’s engine was running and the lights were on.
The officers approached without a warrant and:
- Entered the residential driveway;
- Knocked on the vehicle’s window, receiving no response;
- Opened the doors, detected alcohol, and woke Mr. Singer.
After Mr. Singer failed a roadside test and refused further testing at the station, he was charged with impaired operation and refusal to comply with a breath demand.
Although the trial court upheld the charges, the Court of Appeal reversed that decision, finding that police violated Mr. Singer’s Charter rights by conducting an unauthorized search on private property (Singer, paras. 2–3, 70).
Essential Takeaways
- Police cannot use the “implied licence to knock” as a pretext to investigate crimes.
- Vehicles parked on private property are protected by privacy rights.
- Evidence gathered through unlawful entry may be excluded under section 24(2) of the Charter.
Your Privacy Rights Explained
Section 8 of the Charter: Your Shield Against Unlawful Searches
Section 8 protects everyone in Canada from unreasonable search or seizure. A search is considered unreasonable if:
- It interferes with a person’s reasonable expectation of privacy; and
- It is not permitted by law (such as in the absence of a warrant or demanding circumstances).
The Implied Licence Rule—What It Really Means
Under Canadian law, including the Supreme Court’s ruling in R v Evans, [1996] 1 SCR 8, police (like the general public) are implicitly allowed to walk up to a door to knock—but only for legitimate, non-criminal reasons. Using this implied permission to gather evidence violates that rule and becomes a form of trespass (Evans, para. 9).
Does This Protection Extend to Driveways?
Absolutely. The Court in Singer emphasized that just because a vehicle is visible from the street doesn’t mean police have the right to enter private property to investigate. Key points include:
- The truck was not clearly in public view.
- The officers had no warrant and weren’t responding to an emergency.
- Their purpose was clearly investigative, not to check welfare or communicate casually (Singer, paras. 61–63).
Worried that police overstepped their authority? Call (855) 585-1777 for a no-cost consultation today.
Why the Court Found the Search Illegal
1. Officers Conducted a Warrantless Search
The Court ruled that the officers’ actions—entering the property and opening the vehicle—constituted a search aimed at collecting evidence (Singer, para. 67).
2. Mr. Singer’s Privacy Was Infringed
Even though he was in a vehicle, the context mattered. He was not on a public road, but asleep in his own driveway—giving him a reasonable expectation of privacy (Singer, paras. 59–61).
3. Public Safety Justification Fell Short
The Crown attempted to rely on police ancillary powers, claiming the entry was to ensure public safety. However, there was no urgent risk or imminent threat to justify this (Singer, paras. 68–69).
4. Evidence Was Properly Excluded
Because the search violated section 8, the breath sample evidence was thrown out under section 24(2), which prevents the use of unlawfully obtained evidence if it would undermine the integrity of the justice system (Singer, para. 98).
What You Can Do If Police Enter Your Property Without Permission
If police show up at your door or approach your vehicle on private property:
- Politely ask if they have a warrant.
- If they don’t, calmly state: “I do not consent to a search.”
- Avoid physical resistance, but document the situation—names, actions, and what was said.
- Speak with a defence lawyer as soon as possible.
A criminal lawyer can assist by filing a Charter application challenging the search, exclude any unlawfully obtained evidence, and argue for the reduction or dismissal of charges.
Don’t Face Your Impaired Driving Charge Alone
An experienced criminal defence lawyer is vital when dealing with impaired driving charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing impaired driving charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.