SECTION 8 - IMPAIRED CONVICTION AFTER POLICE ENTERED A RESIDENCE UPHELD

Leave to appeal an impaired driving conviction has been denied by the Saskatchewan Court of Appeal. Each case always turns on its own facts, and to paraphrase the relevant facts in this case, the trial judge found: (a) the police were investigating a traffic accident and had no ulterior purpose when attending at Ms. Bray’s residence; (b) Ms. Bray’s husband, who was outside, invited police officers into the residence and led them to Ms. Bray’s bedroom, knowing who they were and what they were about; and (c) the police officers who entered the residence did so “to make general inquiries regarding a particular occurrence.” R. v. Bray, 2017 SKCA 17. For more details the summary conviction appeal judgment is R. v. Bray, 2016 SKQB 265