This case arises from a police response to a witness report about an impaired driver. After spotting a truck matching the description from the report, the police entered Mr. Singer’s driveway and found him sleeping in the car. Mr. Singer was eventually convicted of refusing to provide a breath sample. The Saskatchewan Court of Appeal overturned the conviction, finding that the police violated Mr. Singer’s s. 8 Charter right to be free from unreasonable searches.

On appeal to the Supreme Court of Canada, the Crown argues that the police were free to enter the driveway under the implied license to knock doctrine. This doctrine exists in the law so that people approaching a home to communicate with its residents are not seen as trespassing. This is why a mail carrier, door-to-door salesperson, or just a friendly neighbour can knock on your door without fear of legal repercussions. Alternatively, the Crown asks the Court to recognize a new police power to enter private property to investigate drinking and driving offences.

The BCCLA intervened in this case to argue that it must be a bright-line rule that agents of the state cannot trespass on someone’s property to investigate them for a crime. There is no need to expand police powers in this area, and doing so would disproportionately impact marginalized and already heavily policed communities.