“Under s. 32(1) and (2) of the LLA, a person may not drive a vehicle with liquor in it unless they have a licence or permit to do so, or if the liquor is unopened or is packed in baggage that is fastened closed “and is not otherwise readily available to any person in the vehicle”. Justice Botham concluded that while the officer was acting within his lawful authority when he searched the interior of the car, he exceeded that authority once he looked into the bag in the trunk of the car. There is a heightened privacy interest in the trunk of a vehicle because it is hidden from view.”
This month’s newsletter discusses a recent case holding that authority to search a car under Ontario’s Liquor Licence Act does not extend to the trunk.
Source: Police Powers | Liquor Licence Act | WestlawNext Canada Portal