SECTION 9 - ACQUITTAL DUE TO PARKING LOT INVESTIGATION OVERTURNED AND NEW TRIAL ORDERED

Each province has a different definition of "highway" - some include parking lots - some do not. Mr. Nield was acquitted at trial because the Court held that when he was approached by the officer, he was not on a “highway” within the meaning of Ontario's Highway Traffic Act. The Crown's appeal was allowed, R. v. Nield, 2015 ONSC 5730, and that Court set aside the acquittal and ordered a new trial. Mr. Nield sought leave to appeal that decision but the Court dismissed his application, repeating the appeal finding that the officer had common law powers to detain Mr. Nield and investigate him for impaired driving. R. v. Nield, 2017 ONCA 722