IF YOU LIKE to cross into the United States for dinner and a few drinks, be careful driving home.
A recent case decided in the Ontario Court of Appeal confirms that Border Service Officers have the authority to gather evidence of the insobriety of drivers making a border crossing. In the case of R. v. Brode, border crosser Kevin Brode admitted to the Officer examining him upon re-entry to Canada that he had a few drinks. He was asked to turn off the engine of his car and to hand over the keys. His movements in leaving the vehicle were assessed and, based on the observations of Border Officers, he was arrested for impaired driving and turned over to the police, who administered breath tests. According to the Ontario Court of Appeal, the Officers, who are not of course police officers, had the right to do what they did, and Mr. Brode’s conviction was upheld.