Facts: Police followed McColman from a store parking lot onto a private driveway intending to conduct a random sobriety check. Upon stopping, McColman showed signs of impairment and was arrested and convicted for driving with excessive blood alcohol.
Issues: Whether the police stop on private property was authorized under the Highway Traffic Act (HTA) and if McColman's Charter rights were violated.
Ruling: The Supreme Court ruled that police do not have the authority under the HTA to conduct random sobriety stops on private property. However, the evidence obtained from the unlawful stop should not have been excluded under the Charter.
Amount Awarded: The case did not involve an award of monetary damages but focused on the legality of the police action and the admissibility of evidence. The initial acquittal was set aside, and the conviction entered at trial was restored.
