CRIMINAL CHARGES WITHDRAWN
R. v. B.J.
CHARGES: Assault
“From the moment I spoke with your team, I knew I was in the right hands. You gave me the assurance everything would be attended to and handled with care. Your office has eased all the stress I felt when I was charged. You did everything you said you would, and I am extremely happy. You've gotten my family back together, and I couldn't be more thankful. I have never been in this situation before and am so glad I had your office by my side throughout this process. You made it easy for me. You were prompt. You were professional, and I cannot contain my excitement today. God bless you all.”
-B.J.
CRIMINAL CHARGES WITHDRAWN
R. v. H.K.
CHARGES: Impaired, Over 80
“PHEW, glad it has finally reached a resolution. Really appreciate the work and considerations taken to make my case a success. Needless to say, these have been some of the most stressful times of my life so far. Despite the negative aspects, I will try to take some valuable life lessons from this incident and use it as a positive going forward. Thank you very much, Team, for the efforts you took for my case. I truly cannot thank you enough. I hope everyone at your office stays blessed with health and happiness.”
-H.K.
CRIMINAL CHARGES WITHDRAWN
R. v. W.N.
CHARGES: Assault with a Weapon, Failure to Comply
“This is the greatest result I could ask for! You saved my life. Everyone should know about you guys. Whenever someone is in trouble with the law, you are who they should call. Absolute life saver! Thank you.”
-W.N.
CRIMINAL CHARGES WITHDRAWN
R. v. H.C.
CHARGES: Impaired Operation, Over 80
"If anyone is looking for a lawyer, I highly recommend that they hire this team. Excellent result. And fair with me from the start. Thank you."
-H.C.
CRIMINAL CHARGES WITHDRAWN
R. v. B.E.
CHARGES: Assault Cause Bodily Harm
“I feel completely exonerated. The best thing that could possibly happen in all of this mess. This was all a big baloney sandwich, to begin with, but you were patient and took me through every step of the process. The team was available to me 24 hours a day through the client portal. And although this was stressful, you made it easy and understandable. I’m not the easiest person to get along with. But you were patient and polite, and I thank you for your professionalism and for clearing my name of all of this. I can finally go back to life as normal. Thank you.”
-B.E.
CRIMINAL CHARGES WITHDRAWN
R. v. S.K.
CHARGES: Impaired Operation, Failure to Attend Court
“My father recommended I hire you to handle my impaired driving case...You got all of the criminal charges against me withdrawn. Now I’m recommending that all of my friends contact you when they’re in trouble. Your knowledge and expertise saved me. Thank you.”
-S.K.
CRIMINAL CHARGES WITHDRAWN
R. v. S.C.
CHARGES: Mischief to Property; Theft; Assault
“Criminal Charges were withdrawn before the first court date. Done and gone! No fingerprints or photographs. No criminal record. Wow! These guys are awesome, use them.”
-S.C.
CRIMINAL CHARGES WITHDRAWN
R. v. G.A
CHARGES: Impaired, Over 80, Fail to Remain
“I’m definitely going to recommend you to anyone who gets in this situation. I’m grateful for your help and hard work. This is an excellent result. Thank you.”
-G.A.
CRIMINAL CHARGES WITHDRAWN
R. v. W.C.
CHARGES: Assault, Choking, Forcible Confinement
“I can’t thank you enough for your help. I strongly encourage anyone charged or needing a strong legal representative to call immediately. I can’t recommend you enough. Having never been charged before, with my freedom at stake, I knew I needed an expert. I found you online and spoke with you about my case. You calmed me down and provide guidance throughout the process. You made me feel confident that everything was under control. I’m so relieved this is all behind me. You saved my life. I will never forget what you and your team have done for me and I will continue to sing your praises and recommend you to anyone in need. Thank you.”
-W.C.
NOT GUILTY
R. v. S.G
CHARGES: Impaired Operation, Over 80
“I chose the right lawyer to fight my charges!
Having never been charged with a criminal offence, I was very anxious. But you were an unrelenting lawyer at trial. I’m so relieved to have chosen the right lawyer to fight these charges for me. You were an expert in the courtroom. Thank you. "
-S.G.
FREQUENTLY ASKED QUESTIONS
FAQ
10
Upon what grounds in Ontario can a police officer stop a motor vehicle?
1. What is a motor vehicle in this context?
A motor vehicle includes an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine.¹
¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
2. What is a street car in this context?
A street car includes a car of an electric or steam railway.²
² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
3. What is a bicycle in this context?
A bicycle includes a tricycle, a unicycle, and a power-assisted bicycle but does not include a motor assisted bicycle.³
³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
4. What is a motor assisted bicycle in this context?
A motor assisted bicycle means a bicycle that is fitted with pedals that are operable at all times to propel the bicycle, that weighs not more than fifty-five kilograms, that has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel, that has an attached motor driven by electricity or having a piston displacement of not more than fifty cubic centimetres, and that does not have sufficient power to enable the bicycle to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start.⁴
⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
5. What is a motorcycle in this context?
A motorcycle means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle.⁵
⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
6. What is a trailer in this context?
A trailer means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn.⁶
⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
7. What is a mobile home in this context?
A mobile home means a vehicle, other than a motor vehicle, that is designed and used as a residence or working accommodation unit and exceeds 2.6 metres in width or eleven metres in length.⁷
⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
¹⁵ See, e.g., “R. v. Deshpande, 2021 ONCJ 699 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2021/2021oncj699/2021oncj699.html (accessed 18 July 2026) at paras 1, 82-85, 100.
¹⁶ Cf, “R. v. Ramroop, 2021 ONCA 642 (CanLII)”
https://www.canlii.org/en/on/onca/doc/2021/2021onca642/2021onca642.html (accessed 19 July 2026) at para 11.
¹⁷ Cf, “R. v. Castelblanco Velasco, 2019 ONCJ 84 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2019/2019oncj84/2019oncj84.html (accessed 17 July 2026) at para 122.
¹⁸ “Criminal Code, RSC 1985, c C-46” (26 May 2026)
https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html (accessed 17 July 2026) at ss 320.14(1)(a), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(1)(c), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(1)(b), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b), 320.31(10).
¹⁹ “R v McGinnes, 2020 ABPC 269 (CanLII)”
https://www.canlii.org/en/ab/abpc/doc/2020/2020abpc269/2020abpc269.html (accessed 17 July 2026) at paras 127-129.
8. What is a driver in this context?
A driver means a person who drives a vehicle on a highway.⁸
⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
9. What is a highway in this context?
A highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.⁹
⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1).
²⁰ See, e.g., “R. v. McGrath, 2013 ONCJ 528 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at paras 1, 33, 35.
²¹ “R. v. McGrath, 2013 ONCJ 528 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at para 6
²² “R. v. Hallahan, 2021 ONCJ 156 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2021/2021oncj156/2021oncj156.html (accessed 17 July 2026) at paras 4, 24-28.
²³ “R. v. McGrath, 2013 ONCJ 528 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at para 8.
²⁴ “R. v. McGrath, 2013 ONCJ 528 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at para 12.
²⁵ “R. v. Magdallah, 2024 ONSC 3660 (CanLII)”
https://www.canlii.org/en/on/onsc/doc/2024/2024onsc3660/2024onsc3660.html (accessed 17 July 2026) at paras 1, 11.
²⁶ “R. v. Hallahan, 2021 ONCJ 156 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2021/2021oncj156/2021oncj156.html (accessed 17 July 2026) at para 23.
²⁷ “R. v. White, 2022 ONCJ 600 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2022/2022oncj600/2022oncj600.html (accessed 17 July 2026) at paras 1-2, 5, 27.
²⁸ “R. v. McGrath, 2013 ONCJ 528 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at para 13.
²⁹ “R. v. White, 2022 ONCJ 600 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2022/2022oncj600/2022oncj600.html (accessed 17 July 2026) at para 37.
³⁰ “R. v. Domb, 2011 ONCJ 756 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2011/2011oncj756/2011oncj756.html (accessed 17 July 2026) at paras 1-6, 86, 88.
10. Upon what grounds in Ontario can a police officer stop a motor vehicle?
A police officer, in the lawful execution of the police officer’s duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.¹⁰
A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand for various types of testing linking a driver to operating a conveyance while impaired.¹¹
A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that the police officer has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device while being driven on a highway and may seize and take away any speed measuring warning device found in or upon the motor vehicle.¹²
A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that the police officer has reasonable grounds to believe is equipped with, carries, contains or has attached to it a pre-empting traffic control signal device while being driven on a highway and may seize and take away any pre-empting traffic control signal device found in or upon the motor vehicle.¹³
If a police officer determines that the driver’s licence of the driver of a motor vehicle is subject to a condition that prohibits the driver from driving any motor vehicle that is not equipped with an ignition interlock device, the police officer may, without a warrant, stop, enter and inspect the vehicle to determine whether the vehicle is equipped with an ignition interlock device;¹⁴ and if the vehicle has the an ignition interlock device, whether the an ignition interlock device has been tampered with in any manner.¹⁵
If a police officer has reasonable grounds to believe that a motor vehicle carries or contains an electronic motor vehicle theft device, the police officer may, without a warrant, stop, enter and inspect the vehicle, and may seize and take away any device found in or upon the motor vehicle that the officer has reasonable grounds to believe is possessed with the intention of being used in the theft of a motor vehicle.¹⁶
Every police officer may require the driver of any motor vehicle, to stop, move the motor vehicle to a safe location as directed by the police officer, and submit the motor vehicle, together with its equipment and any vehicle drawn by the motor vehicle, to the examinations and tests that the officer may consider expedient.¹⁷
In exercising the powers to inspect a vehicle, a police officer may, at any time, require the driver of a commercial motor vehicle being driven on a highway to stop for inspection and the driver of the motor vehicle, when signalled or requested to stop by the police officer, who is readily identifiable as such, shall immediately come to a safe stop.¹⁸
A police officer may stop any motor vehicle, direct the driver to such location as is reasonable in the circumstances, direct the driver to drive the motor vehicle on or off of a scale in order to weigh the motor vehicle, and measure and examine the motor vehicle.¹⁹
A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that the police officer has reasonable grounds to believe is equipped with or carries or contains a device or material for the purpose of evading, obstructing or interfering with the effective operation of an electronic toll system and may seize and take away any device or material for the purpose of evading, obstructing or interfering with the effective operation of an electronic toll system found in or upon the motor vehicle.²⁰
¹⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1)
¹¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 48(1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(1)(c), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(1)(b), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).
¹² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 79(2), 79(3).
¹³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 79.1(1), 79.1(3).
¹⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 79.2, 79.2(a).
¹⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 79.2, 79.2(b).
¹⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 79.3(2), 79.3(4).
¹⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 82(2).
¹⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 82(2), 82(3), 82.1(2).
¹⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 124(1).
²⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 193.3(1), 193.3(2).
11. What limits are there upon a police officer’s power to require the driver of a motor vehicle to stop for no reason mentioned in the statute?
A police officer can only require the driver of a motor vehicle to stop when the police officer is readily identifiable as a police officer and in the lawful execution of the police officer’s duties and responsibilities.²¹
When a police officer is in the lawful execution of the police officer’s duties and responsibilities, the police officer’s power to require the driver of a motor vehicle to stop for no reason mentioned in the statute can only be done in order to address highway regulation and safety purposes.²² But as long as the stop is addressing highway regulation and safety purposes, the stop can be random.²³ Such a stop’s lawfulness is not affected by the police officer’s lacking reasonable and probable grounds or reasonable suspicion.²⁴ The stop has restrictions imposed upon it, though. The stop is limited to the roadside and must be brief, unless other grounds are established that permit further detention.²⁵ A police officer, acting under this power, can make a visual examination of the interior of the motor vehicle in order to ensure the police officer’s safety during this detention,²⁶ but has no authority under this power to engage in more intrusive examinations of the interior of the motor vehicle or to make inquiries of any occupant directed at subjects not relevant to highway safety concerns.²⁷ A traffic stop under this power may have more than one purpose, but the mere existence of another purpose motivating the stop, beyond highway regulation and safety concerns, does not render the stop unlawful,²⁸ unless the additional purpose is itself improper, or proper but pursued through improper means, or entails an infringement on the liberty or security of any detained person beyond that contemplated by the purpose that underpins the power to stop drivers for purposes unrelated to highway regulation and safety.²⁹ It is permissible for police to intend, within the confines of a stop and detention authorized by this power, to avail themselves of the opportunity to further the legitimate police interest of gathering intelligence in their investigation of criminal activity.³⁰
A police officer can require a driver to produce the documents which a driver is legally required to have and to detain the motor vehicle and the motor vehicle’s occupants while checking those documents against information contained in databases accessible through the computer terminal in a police vehicle.³¹ Stops made under this power do not result in an arbitrary detention provided that the decision to stop is made in accordance with some standard or standards which promote the legislative purpose underlying the statutory authorization for the stop, namely, road safety concerns.³² When road safety concerns are removed as a basis for stopping a motor vehicle, then powers associated with and predicated upon those concerns cannot make the stop lawful.³³
When evidence reveals that a police officer stopped a vehicle for reasons having nothing to do with highway regulation and safety, then the police officer cannot rely upon this power to stop a motor vehicle for reasons related to highway regulation and safety to make the police officer’s stop of a motor vehicle lawful.³⁴
²¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1).
²² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 55
²³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 55.
²⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Mayor, 2019 ONCA 578” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 6.
²⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 55.
²⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 56
²⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 56.
²⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 58.
²⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 58.
³⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 59.
³¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 55.
³² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 60.
³³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 216(1), as interpreted by “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at para 60.
³⁴ “R. v. Gonzales, 2017 ONCA 543” https://coadecisions.ontariocourts.ca/coa/coa/en/item/15926/index.do at paras 65-72.
³⁸ See, e.g., albeit under the old statutory scheme, “R. v. Bullock, 2018 ONCJ 250 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2018/2018oncj250/2018oncj250.html (accessed 17 July 2026) at paras 1, 13-16.
³⁹ “Criminal Code, RSC 1985, c C-46” (26 May 2026)
https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html (accessed 17 July 2026) at ss 320.14(1)(a), 320.35.
⁴⁰ “R. v. Maniatis, 2024 CanLII 24885 (ON SC)”
https://www.canlii.org/en/on/onsc/doc/2024/2024canlii24885/2024canlii24885.html (accessed 17 July 2026) at paras 1, 6, 16-18, 44, 47-48.
⁴¹ See, e.g., “R. v. Aggarwal, 2022 ONSC 6213 (CanLII)”
https://www.canlii.org/en/on/onsc/doc/2022/2022onsc6213/2022onsc6213.html (accessed 17 July 2026) at para 11.
⁴² “F.H. v. McDougall, 2008 SCC 53 (CanLII), [2008] 3 SCR 41”
https://www.canlii.org/en/ca/scc/doc/2008/2008scc53/2008scc53.html (accessed 17 July 2026) at para 49.
⁴³ See, e.g., “R. v. Osbourne, 2021 ONCJ 58 (CanLII)”
https://www.canlii.org/en/on/oncj/doc/2021/2021oncj58/2021oncj58.html (accessed 17 July 2026) at paras 1-2, 19-20, 27-28.
⁴⁴ “R. v. Smits, 2012 ONCA 524 (CanLII)”
https://www.canlii.org/en/on/onca/doc/2012/2012onca524/2012onca524.html (accessed 17 July 2026) at paras 52-53.
⁴⁵ “R. v O’Brien, 2020 CanLII 55107 (NL PC)”
https://www.canlii.org/en/nl/nlpc/doc/2020/2020canlii55107/2020canlii55107.html (accessed 17 July 2026) at paras 1, 11-13.
12. What is a driver in the context of a stop in order to address highway regulation and safety purposes?
A driver includes a person who has care, charge or control of a vehicle and includes a person with care, charge or control of a vehicle that has recently travelled from or off the highway.³⁵
³⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 16(8).
13. What is a driver in the context of a stop for the purpose of determining whether or not there is evidence to justify making a demand for various types of testing linking a driver to operating a conveyance while impaired?
A driver includes a person who has care, charge or control of a of a motor vehicle while the vehicle is on or off a highway.³⁶
³⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 48(18).
14. When is a police officer not readily identifiable as a police officer?
A police officer who is in an unmarked vehicle and in plain clothes is not readily identifiable as a police officer.³⁷
¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),
³⁷ “R. v. Lauzon, 1996 CanLII 8152 (ON CTGD)” https://www.canlii.org/en/on/onsc/doc/1996/1996canlii8152/1996canlii8152.html at para 14.
15. What is a speed measuring warning device in the context of police power to stop a motor vehicle?
A speed measuring warning device means any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment.³⁸
³⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 79(1).
16. What is a pre-empting traffic control signal device in the context of police power to stop a motor vehicle?
A pre-empting traffic control signal device means any device or equipment that may temporarily suppress or extend an indication on a traffic control signal from its current setting.³⁹
¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),
³⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 79.1(6).
17. What is an electronic motor vehicle theft device in the context of police power to stop a motor vehicle?
An electronic motor vehicle theft device means any electronic device or electronic equipment designed, modified or configured to intercept, re-program, bypass or overcome the security system of a motor vehicle, such that it is suitable for use in the theft of a motor vehicle.⁴⁰
¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),
⁴⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 79.3(1).
TESTIMONIALS
Case: R. v. A.M. Charge:
Impaired Driving Over 80
Result: Criminal Charge Withdrawn
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Case: R. v. A.T.
Charge: Impaired Driving Over 80
Result: Criminal Charge Withdrawn
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