What is the Liquor License and Control Act?
The Liquor Licence and Control Act is a provincial act in Ontario dealing with licensing and possession of alcohol.
Can the Police Search my Vehicle Pursuant to the Liquor Licence and Control Act?
Yes. Sections 42 and 43 allow the police to search vehicles and boats if they form reasonable grounds to believe that liquor is unlawfully in the vehicle. There are exceptions to this provision since you can transport alcohol with a licence or permit, or if the liquor is unopened, or if is packed in your baggage and not readily available to any person in the vehicle (i.e. the vehicle’s trunk).
What Can the Police Search?
Under the Liquor Licence and Control Act, a police officer has the authority to search you and your vehicle. As part of the search, you may be required to identify yourself to the police.
Can I Challenge a Search of my Motor Vehicle?
All police searches can be challenged. Since a search pursuant to the Liquor Licence and Control Act is warrantless, the onus will be on the Crown to prove that the search was lawful. If the search is found to be unlawful, it will be a breach of your section 8 Charter rights which may lead to the exclusion of all evidence seized pursuant to the search.
Lockyer Zaduk Zeeh has experienced criminal lawyers that regularly challenge police powers such as searches, arbitrary detention, and rights to counsel issues. If you have been charged as a result of a search of your home, vehicle, or of your person, please give us a call at 416-613-0416 to schedule a consultation with one of our experienced criminal lawyers.