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Impaired conviction tossed over search

Thursday, September 22, 2016 @ 8:00 PM | By Kim Arnott

A Saskatchewan police officer who knocked on a man’s door to determine if he was intoxicated conducted a search in breach of s. 8 of the Charter, the Saskatchewan Court of Appeal has found.

In a unanimous decision in R. v. Rogers 2016 SKCA 105, the court entered acquittals on two impaired driving offences after allowing an appeal by Estevan resident John Rogers.

The ruling offers useful clarification on the powers of police in relation to the implied licence to knock, say defence lawyers.

“This confirms...